The age-herald., 1901-11-01
COUNSEL IN SCHLEY
 COURT HAVELIVELY
 SPAT ABOUT CASE

- O $> A@ (meaning Commodore Schley), 1t is all that we have been able to do to work him up to this.''
 Captain Parker followed with a brief speech in support of MT. Rayner's con- tention.
 "If'' he said. commanding officers are to be judged by all the foolish and ridi- culous things young officers say in the ward room. I don't know what would be- come Of them"
 The members of the court were in consultation for fifteen minutes, and when they returned, Admiral Dewey am nounced the courts decision as follows:
 The objection. as made. is sustained by the court"
 Counsel Have Dispute.
 The witness was then excused and after brief consultation between Captain. Lemly and MT. Hanna, Captain sigsbee was recalled
 When he had taken his seat, Mir. Hanna stated that the witness had been called for the purpose of securing such facts as he might be possessed of as that the counsel or court might want to elicit from him. His statement brought MT. Rayner to his feet with the question: You are calling Captain Sigsbee in re- butal, of course?'
 Captain Lemly--.I don't call it rebuttal; we called Captain Sigsbee because he is wanted to testify.n
 Apparently Mir. Rayner was surprised. He said: Have we the right after we have closed the case to recall witnesses except in rebutta1? That would lead to an intermingled case. The real intent of the law Is that you can repur any new evidence that we have brought out, but ~.4t4v +<.s <ot,, mer statements they have made. There is>no objection to witnesses in rebuttal"
 Captain Lemly-"Counsel is wrong when he says I closed the case. did not close it. I simply said: We rest here. and I propose to call further wit nesses hereafter. I am only going to call such witnesses as the court thinks necessary in order to have the facts before it."
 He contended that this is an inquiry and not prosecution and that the usual rules of opening and closing and of re- buttal and -rebuttal followed In ordi- nary courts of law were not to be fol- lowed in this case.
 Argument Between Counsel.
 The controversy between counsel con- tinued for some time. Mir. Hanna said he had a conversation with MT. Ray ner in which the latter had promised to be liberal In rebutting testimony. Re- plying, Mir. Rayner said that his promise had only applied to rebutting testimony proper
 Hanna Makes Hot Statement
 MT. Hanna then took up the question Of the treatment of the case. He LOOK especial exception to the characterization of his and Captain Lemiy's conduct Of the case as ,prosecution." On this point he said:
 '.As to the use of the language which has been employed here that this is very like a prosecution I cannot allow the record to stand in that shape without a word or two upon that point. If this case has in any manner approached that of a prosecution 1t has been due to the action of the applicant and his counsel. Out of generous consideration to the applicant we have allowed every technical rule of the law to be invoked in his interest. Everything that the law has devised to screen protect and defend a man who is under any sort of a charge has been all lowed to come in before this court of in- quiry. That was in favor of the appli- cant and not against him. Now naval court of inquiry has the absolute right to ask any question which 1t may choose of anybody and in any manner which 1t CnOOScS ID pTOStCult ltS IL Wtii not do to lay down these technical rules as absolutely binding. If the court pleases to adhere to them. we'll and good; but we do not desire to have our pro- ceedings here when the applicant is rep resented by able and skilled counsel to have the stigma of a prosecution placed upon the judge advocate and his asso- ciates It Is an outrageous and unwar- ranted use of the word"
 Replying MT. Rayner said that he had never spoken of the inquiry as a prosecu- ton, but said that he had referred to 1t as "a trial" and had so considered it. He also refused to concede that any special generosity had been displayed in the case.
 Captain Parker called the attention of the court to the naval regulations for 1900 in which the word prosecution, is used in connection with courts of inquiry. The court then at 12:50 p. m. took recess until 2. p. m.
 Admiral Dewey's Decision.
 Then the court reconvened. After recess Admiral Dewey announced the decision of the court on the question of rebuttal tes- timony.
 The language of the court was as fol- lows:
 The court has considered the matter which was before it before recess, and decides as follows:
 Admiral Schley requested the depart ment to take such action as may bring under discussion and review of his broth CTS in arms certain criticisms made upon him. This request indicated that he de- sired the department to order a court of inquiry to investigate the portions of his navel career to which criticism re- ferred. &4
 Tn pursuance of this request, the de- partment ordered a court of inquiry to thoroughly inquire into all circumstances bearing upon the subject of investiga- ton, directed the attention of the court to certain important points. and ordered the court to report all the pertinent facts which it may deem established The court is therefore requested to examine all witnesses who may have any knowl- edge of the matter. and is not bound by any technical laws requiring laws of procedure. and to this end witnesses may be called at any time, or they may be re- called to make corrections or additions in the nature of corrections to their testi- mony that the facts of the case may, if possible, be placed clearly before the court but no witness shall reiterate for mer stat ements'
 The latter part of this decision was read by Captain Lemly to the witness in order that he might confine his answer in 1r~< Us~ a.-fi