Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-07
and Chadwick concerning the formers

conversation with Sampson at key
West Lemly said:
II ask the court to apply to the appi-
| cant as witness the well known rule re-
! ferred to with such fervor by senior
counsel. that where two witnesses testi-
fy with regard to the same matter,
which one of them remembers and the
other merely does not remember the cir
cumstances Of the matter. or let us say
the converse ton, the evidence of him
who remembers must be accepted. II
this be done, then there is little left CT
the evidence given before this court by
the applicant, particularly upon his
cross examination. Schley has testified
that he consulted Commodore Remey at
| the naval base, Key West. May 18th.
| and at that time the latter had infor-
nation as to the movements of the
| Spanish fleet. So had Sampson on the
| 18th. And for what, if not to meet the
enemy's feet, was Schley sent to Glen
| fuegos? Not because he expected to find
them already in there as order No. .
and Schley's testimony will clearly
show. 1t simply expected the Spaniards
| would endeavor to reach Cienfuegos
and not that they We're there"
Referring to Rayner-s statement that
| 1t was when report of the Spaniards be-
| ing at Santiago was confirmed, nothing
was done to inform Shelley of this until
| the Hawk was sent on the afternoon of
May 81 Lemly said the Marblehead was
sent at a. m. or May q with dispatch
| No. s. 1T s true he added, this copy
| did not reach Schley until the 24th.
when Hood on the Hawk was sent on
| the afternoon of the 21st. He carried it
as separate communication and this
confirms Hoods testimony that at that
| time Sampson regarded as a practical
certainty that the Spanish squadron
was at Santiago"
Both counsel appear. he said. to ignore
Very important parts of the McCalla
memorandum. THE latter part clearly
showed" he said, 'McCalla's communi-
cation with the insurgents and their in
,,mate acquaintance With matters in the
city, Lemly contended that McCalla s.
memorandum delivered to Schley on
May % charged the commodore with the
failure to attempt to effect communica-
ton with the insurgents after its receipt
Speaking of the charge of disobedience
cf orders Lemly said: Applicants dis
obedience, il proved. will be shown to be
in delaying in bringing hilnself into the
presence of the enemy"
RAYNE'S PERORATION.
The scene yesterday in the court room
when Rayner finished his speech was
thrilling.
Mr. Rayner not only defended Schley,
but he covered himself with glory. The
address was mastery one, and the
case was summed up in such an intelli-
gent manner that the most simple
minded person could understand 1t.
1t was dramatic scene when Mr..
Rayner came to his peror1tion. Not a
sound could be heard in all the great
crowd which filled every available lnch
os the room. With closest attention all
listened to. the glowing tribute TO Rear
Admira, Schley, who. his counsel claims.
already is vindicated, and that upon the
evidence of his foes.
The closing words of Mr.. Rayner's adj
dress were as follows:
II now have briefly presented this case
as it appears to me in It's general out
line. Such a trial as this has never teS
my knowledge taken place in the history
cf the world. 1t seemed to my mind that
this case had hardly opened with the
testimony of Captain Higginson before
1t commenced to totter and from day to
day it's visionary fabric dissolved from
view. When Captain Cook. their last
witness, was put upon the stand the en-
tire structure collapsed. and now when
the witness from our own ships and the
gallant captain and crew of the Oregon
and Admiral Schley have narrated their
tn1r, al, hnl
with all of its compartments, from its
foundation to its turret, has disinte-
grated and lies here like a mass of
blackened ruins
ut has taken three years to reveal the
truth. There is not single word that
has fallen from the tongue of single
witness. friend or foe, that casts the
shadow of reflection upon the honored
uame of the hero OF Santiago. he has
never claimed the glory of that day NO
word to this effect has ever gone forth
from him to the American people. The
valiant Cook, the heroic Clarke, the Ia
mented Phillip, the intrepid and un-
daunted Wainwright, and all the other
captains and every man at every gun
and every soul on board OF every ship
are equal participants with Admiral
schley in the honor wrought upon that
immortal day.
I'VE can not strike down his figure
standing upon the bridge of the Brook
lyn. There he stands upon the bridge of
the Brooklyn, his ship almost alone re-
ceiying the entire fire of the Spanish foe
until the Oregon. as if upon the wings
of lightning, sped into the thickest of
this carnage.
".God bless the Oregon was the cheer
that rang from deck to deck, and on
they went like twin brothers in the
chase until the last gun was fired from
the Cristobal Colon and the despotc coll
ors of Spain were swept from the fact
of her ancient possessions.
...WeI done; congratulate you on the
victory was the streamer that was
sent from the halyard Of the Brooklyn,
and from that day to this no man has
ever heard from Admiral Schley the
slightest whisper or intimation that he
usurped the glory of that imperishable
hour,
The thunders of the Brooklyn as 1t
trembled on the waves have been dis
cordant music to the ears of envous
foes, but they have pierced with ring
ing melody the ears of his countrymen,
and struck Il responsive chord at the
fireside of every American home.
And, what is more than all which
has been revealed in this case, as
matChless as Is his courage and as un-