The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1901-10-11
Testimony in Brief.

Extracts from the evidence given
Saturday are as follows:
Lieutenant Commander ALBION c. Hodg-
son was asked by Capt. Lemly about his
correspondence with Admiral Schley con-
corning what the judge advocate denom-
mated a newspaper "colloquy." The wit
ness took exception to the use OF the
word "colloquy" and Capt. Lemly reply
that this was the witness own characteri-
cation.
The letters were then read by the judge
advocate. Commander Hodgson Identify
ing the various documents as they were
separately presented. Mr.. Rayner said
that if desired the letters would be accept
ed as evidence and that they could be
printed without being read. Capt. Lemly
replied, however, that he considered that
the letters have an important bearing upon
the precept and that therefore he pre-
ferred to read them.
While the reading of the letters between
Admiral Schley and Lieutenant Com
mander Hodgson and newspaper articles
bearing upon the correspondence was in
progress, Mr. Rayner objected to the read
ing of one of the newspaper statements as
irrelevant. The reading had required con-
siderable time.
Admiral Dewey said: "Those things could
all have been printed. You are taking
valuable time here. We want facts-facts.
We don't want newspaper articles. We
have ruled these out. Cannot these mat
ters be printed"
Capt. Lemly-Then they would be in evil
dence. Do you mean you don't want them
al all?
Admiral Dewey-We want them. Could
not they be printed like other papers?
Objectionable Editorials.
Mr.. Rayner-We want everything that
passed between Lieut.. Hodgson and Com
mo0ore Schley that appertains to this con-
troversy, but we would not like this record
to contain editorials against Commodore
Schley. l do not think there ought to be
printed in the record an editorial against
Admiral Schley or any other admiral or in
favor of him which was never seen by Ad-
miral Schley at all. That article was not
sent in any letter to Admiral Schley. He
says not.
Capt. Lemly-It is really part of the
correspondence and referred to. We do
not contend for one moment that any al
legations that may be made in that editor
ial against Admiral Schley are proof of
what these allegations are, but this is
part of the correspondence and necessary
in determining as to what was the pro-
priety of Commodore Schley's conduct
in the premises.
Mr.. Rayner-Would you take state
ment from me now that Admiral Schley
says he never saw it and never received it =?
Judge Advocate-You have made that
statement.
Mr.. Rayner-I do not think this record
ought to be stained with these calumnies
against Admiral Schley.
Ruling of the Court.
The court then retired for consultation
and after a few minutes returned, making
the following announcement through Ad-
mfral Dewey: 1.-THE court decides that any
clippings from newspapers which form a
part of the correspondence between ADJ
miral Schley and Lieutenant Hodgson,
should properly be made"
Mr.. Rayner-May it please the court
there is no evidence to show that this par
, ticular editorial forms a part of the CORE
spondence or that it was ever received by
Admiral Schley.
Admiral Dewey-Under that ruling it
ought not to be read.
After the further reading of letters and
before the, entire correspondence had been
exhibited the court at Sone O'clock ad-
journed until Monday. aE &-as
The 'Dear Schley" Letter Again,
During the early part of Saturdays sit
ting Capt. Lemly again brought up the
question of the difference of construction