The Washington times., 1901-11-05

would require him to produce the originals
of executive documents &c ana u,
which were sent to the Senate.
Mr.. Rayner said that he would accept
them as printed
Captain Le1lly said that at the request
of Captain P-.rker, the log OF the Coloh'
which had been omitted when the other
documents were printed, would be printed
Mr. Rsyner-We have couple OF Wit
nesses We would like to call
Captain LemIy-Oh, yes; l VIII call
them now.
To Dispute SiGsbee's Testimony.
Frank B. Richards, of the editorial staff
of the New York World" then took the
stand. Ills examination was begun by
Mr.. Rayner.
Q.-What were you doing during the
Spanish war and where We're you?
Al was correspondent for the New
York Sun" and had charge of the press
boat Premier.
Odd you at any time meet Captain
Sigsbee of Santiago?
Al did l was hailed by Captain Sigs-
bee on the night of May q or 2S.
Captain Lemly-I would like to ask the
purpose of this evidence.
AIR Rayrer-Why. to show conver-
sation which the witness had with Cap
tain Siesbce at that time.
Captain LeTnly-We object; we object, If
the Court please
Mr. Rayner-NNell, of course, | Will wait
until I hear what the objection is.
Captain Lemly-I object upon the same
ground that the objection was made ana
sustained when Lieutenant Grant was
upon the witness stand to testify to the
statement made by Lieutenant Sears. II
is not shown. nor is it intended to be
shown, that Commodore Schley was pres
cut when this conversation was had. II
is not material to the issue. because il
does not really matter what Captain Sigs-
bee may have said 10 the press boat He
may Pave expressed what he thought
proper for the express purpose of not in
forming the members of the press cor
rectly IS to the whereabouts of CeryeFa $
fleet, even assuming that he knew. There
fore VIC object, and we believe that 1t IS
parallel case with that upon which the
Court has ruled.
Mr. Rayner-I cannot see how that
comes within the ruling of the Court at
all The testimony of Graham, Hare,
and Scovel has all been admitted upon
this point. This is a very material point
in our case. This is not a wardroom
conversation 1t comes directly under one
of the specifications of the precept. cap
tain Sigsbee was just asked in reference
to it and no objection was made to it.
No objection was made to the testimony
of Mr.. Hare upon the matter of CONVERSE
ton with Captain Sigsbee as to the where
abouts of Cervera's fleet. Mr.. Scovel went
upon the witness stand for the purpose OF
objection was raised to that lie was
brought here for the purpose OF proving
that he was at the megaphone ana had
conversation with Captain SlSsbee NOW
This matter Is one of extreme Importance
1t relates TO the reasons for the so-calleu
retrograde movement. Il tends 10 cor
robOrate the testimony We nave aired9S
offered that Commodore Schley was ao-
solutely informed that the Spanish heel
was not in Santiago Harbor 1t goes 10
corroborate what we have already shown
Capt. Sigsbee said as TO the presence on tiie a.
fleet in the harbor. l do not say thal IL
impeaches Captain Sigsbee. do not IN
tend to impeach his veraclty, but 90
intend to impeach his recollection as 10
these matters.
Mr.. Hanna then argued the question,
sa ying that the situation was exactly the
reverse to what it was the other uay'
when Lieutenant Grant was upon the
stand to testify to the alleged wardroom
cOlVersat tiun on board the Massachusetts
He said that Mr.. Hare had been brought
in and allowed TO testify before the Court
made its ruling. Had the Court previ-
ously made its ruling Mr.. Hares tesu-
mony, he said, would have been lnadinls
sible
The Court then took a recess. and upon
returning Admiral Dewey said:
'.As the testimony of this witness is not
considered by the Court as material to
the case the objection is sustained, In
accordance with the Courts previous rul-
ing
The ruling of tie Court was plainly a
surprise to the audience and Captain
Lemly was elated Mr.. Richards was
correspondent who was to give evidence
similar to that to which Mr.. Richards
was to present was not called.
Admiral Schley then went upon the
stand 10 correct his testimony
Tells of Sigsbee's Anxiety.
Admiral schley was fully an hour cor
recting his testimony. Most of the cor
rectfons were Of very little Importance.
They consisted chiefly in changes in the
phraseology OF his statements to the
Court Admiral Schey finally recurred
TO that section Of Captain Sgsbees tes-
timony during which the captain stated
that upon boarding the Brooklyn he talk
ed with Commodore Schley. when the lat
ter had said that he had decided to 90 to
Key West
Admiral Schlay did not say in nv
conversation with sigsbee that we were
going to Key West ! talked with him
about the subject Of coal, and in his
talk with me he told me he was COM
harding a vessel that was a Senth Of a
mile long. and that be could not turn his
engines over under $50 tons Of coal. He
was very anxious to get away, and said
never told him I was going. to Key West.
He is decidedly mistaken there
By MIR. Rayner:
Q;;--Had you made up your mind to go
A.-No; / had not
AIr. Parker-It was only after the con-
versation you had with him that you de-
cided to 90 to Key West2
A.-Yes; and after l talked with SIgsbee
] talked with Nunez, the pilot That was
some time after / talked with Sigsbee.
Captain Sigsbee left my ship about 6:3C
or 5:45 that evening. He was exceedingly
anxious to get away. because he said the
sea was increasing and that II was very
difficult for him tc float off the harbor in
the afternoon.
Admiral Schley was cross-examined on
a few unimportant details by the judge
advocate. bat nothing new was developed
Captain Lemly then offered in evidence
the letter of Secretary Long to the Senate
which comprises the first seven pages OF
the Appendix. The Appendix had been Of
fered in evidence previously for reference
only. and not as a part of the evidence.
Mr. Rayner-What is the purpose OF
putting this letter Of the Secretary of the
Navy in evidence?
Captain Lemly-Merely as a part Of the
history Of the entire case. / offer il fol
just whatever It is worth.
Mr.. Rayner-We cannot permit II % &c