The Savannah morning news., 1901-11-01
WANT ALL THE LIGHT
FORMER WITNESSES MAY GIVE
FURTHER EVIDENCE.
CHADWICK ATTACKS ScHLEY.
SAYS ADMIRAL DID NOT KNOW OF
SHORE BATTERIES ORDER.

NOntentlOn-Ihe court OF inquiry
Not bound by Precedence of Civil
Courts-Witnesses Who Have Tes-
titled May Give Additional Evil
dence when Placed on stand in
RebuttaI-NO Testimony Wanted
on Immaterial Points, However.
Washington, Oct. 31.-In the Schley
court Of inquiry to-day a number Of
witnesses were introduced by Judge
Advocate Lenly to testify in rebuttal
to the evidence given in Admiral
Schley's behalf The court decided
early in the day that no witnesses could
be introduced at this stage Of the pro-
ceeding to give testimony on imma-
terial points. This announcement was
made in connection with an effort to
prove conversation on board the
Massachusetts in which Lieut.. Sears,
who was Admiral Schley's flag lieu
tenant, was alleged to have said For
Gods sake don't discourage him
(meaning Commodore Schley). 1t is all
him up to this
1t had the effect of relieving Lieut..
Commander Grant, Lieut.. Commander
Potts and other officers of the Massa-
chusetts, who had been called to testi-
fy concerning this alleged conversa-
ton with Mr.. Sears, which is said to
have occurred on the Massachusetts
just before the reconnaissance of May
81.
On the other hand, the court held
that it was not bound by the ordi-
nary proceedings in civil courts as to
the time when testimony can be taken,
and that witnesses might be called
or recalled any time for the purpose
of making additions to former state
ments, but that none of them could
reiterate testimony previously given.
This decision was rendered upon an
objection raised by Mr.. Rayner to al
lowing Capt. Sigsbee to give new tes-
timony when called as a witness for
rebuttal purposes.
To Contradict SchIey.
Capt. Chadwick, in his statement to-
day, said that the precautionary dis
patches from the Navy Department in
regard to attacking the Spanish shore
batteries, had not been communicated
to Commodore Schley. This state
ment is regarded as of great impor-
tance by Admiral Schleys opponents
as it distinctly contradicts the ad-
miral S statements.
Capt. T. S. Borden, junior marine Of
f1cer on the Brooklyn, gave testimony
corroborative of that given by other
officers of the Brooklyn. He had seen
the Brooklyn's loop, of which he said:
I'm the course of the turn l fired
guns on either side, starboard and
port, smoke was very thick at that
time, and during the turn I saw no
vessels at all, although l had a plain
view out of the stern ports. | Judge
l could see about 500 yards distinctly"
In reply to questions from Mr.. Ray
ner, he said he had seen Commodore
Schley three times during the battle,
and that his bearing was everything
that the officers and crew could have
expected.
The witness said he fired at three
ships inside of three minutes by a
slight change in train.
AS Capt. Borden left the stand Mr..
Rayner said:
May it please the court. we have
closed our case"
10 d.,
m. in such quiet tones that it is doubt
full whether it's purport was under
stood by half those present.
Another Unpublished schIey Report
Capt. Parker put in evidence a num-
of the battle of July 8,
that Admiral schley made from
Montevideo, June 10, 1900 This report
never has been printed. The following
is an extract from it:
In my judgment, from an unob-
structed view of the entire field of ac-
ton during the combat, the Viscaya
was not more than 1000 yards distant.
My flag lieutenant, standing at my ell
bow, reminded me that the distance
between the leaders of the Spanish
squadron and ourselves was approach
ing our tactical diameter. The stadi-
meter at this instant indicated 900
yards. The Brooklyn then swung to
starboard to meet what proved to be
the last of the attempts to ram the
Brooklyn, for the Viscaya then turned
square to starboard and followed the
Maria Teresa until the latter's destruc-
tion. These facts admit OF no contra
diction, for they are based on the in
dependent judgment and observation OF
two or more persons, and upon the
SLdQlIncLeI III IH6 HdHQS OF q person
skilled in its use"
Lieut. Grant was then called as the
first witness for rebuttal. The witness
was interrogated only concerning the
events of May 81, especially as to the
conversation IN which Lieut.. Sears was
alleged to have urged that no obstacles
be put in the way of letting the bonn
bardment go on because, as he was
represented to have said, it had been
difficult enough TO get the Commodore
up to the point of undertaking 1t.
The Conversation Shut Out.
Objection was made by Mr.. Rayner
to the narration of this conversation.
Mr.. Hanna contended IT was admissible
and Capt. Lemly quoted the remark
which Lieut.. Sears is alleged TO have
made as follows: For Gods sake,
don't discourage him; 1t is all we have
been able to do to work him up TO
this"
The court sustained Mr.. Rayner's OBJ
lection.
Capt. Sigsbee was then recalled. Mr..
Hanna stated that the witness had
been called for the purpose Of secur-
ing such facts as he might be pos
sessed Of that the court or counsel
might want 10 elicit from him.
This statement brought Mr. iayner
10 his feet with the question.
you are calling capt. sigsbee In re-
buttal, OF courseY'
capt. Lemly. Il don't call II rebuff
tai, we called Capt. sigsbee because
he is wanted 20 testify"
Apparently Mr, Rayner was surpris-
Cd. lie said
ed the case 70 recall witnesses except IN