Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-10-21

Lieut.. Ii. w. Wells, 1r.
brought up in other eases. and officers who
come before the court to testify might be
asked whether or not they had ever been
subject to court-martial or whether they
had not made mistakes 1t would open up
1cng line of testimony that he could not
consider proper, but if 1t were done in this
case, of course. it would apply to other
cases,
First Applause of the Hearing.
As Mr.. Rayner sat down there was slight
applause in the audience. but it was cut
short by further remarks on the part Of
counsel The absence of applause at the
court of inquiry has been very marked from
the very beginning, and the slight attempt
to applaud today, which was probably the
first that has occurred during the entire
proceedings. was apparently not noticed by
the court. and there was no rebuke to those
who had committed the offense.
Mr.. Rayner asked the judge advocate If
he had any presidents to offer to sustain
his contention, and Capt. Lemly said he
would try to find the law the subject.
Mr. Rayner insisted that there were some
things In law so well understood that text
books did not even mention them, and he
was satisfied that the judge advocate would
not succeed that the judge advocate would
taiE his contention.
The Testimony Excluded.
Admiral Dewey-"In the absence of any
law the court decides that the testimony
is not admissible.
Mr.. Hanna-"We are looking up the rec
ords.''
Admiral Dewey-"We don't want IT any
way"
Mr.. Hanna said that he was satisfied that
he could show that the testimony was adj
Missile.
No more questions being asked the wit
ness was dismissed.
Lieutenant Wells Recalled.
u
Of the Brooklyn during the entire war,
whose duties were practically those of a
secretary to Admiral Schley was then re-
called to the stand and given a cross-ex-
animation, which lasted over an hour, by
Mr.. Hanna and the Judge advocate. Just
before entering upon this cross-examination
the witness was asked by Mr.. Rayner to
give a description of the battle of July 3, as
seen by him. and the witness described the
battle in detail.
Lieut.. Wells said he did not remember the
ranges at which the Brooklyn fired, but
thought LEO yards was the shortest. He
described the turn of the Brooklyn and the
chase after the Spanish ships When the
Eiscaya ran ashore the Colon was about
10000 yards ahead of the Brooklyn, and
for a. time firing ceased. He said that he
had received orders to get up a quantity
of rapfd-hre ammunition Owing to the
character Of the coast 1t was expected
that the Brooklyn and the Colon would
come to close quarters He ordered
to have this ammunition ready to Close
with the Colon and give her a rapid fire
when they got close together. He then de-
scribed the rest of the chase and the final
surrender Of the Colon. He said he had not
seen the Texas when the Brooklyn made
her turn. At one time during the oattle
he said, the Brooklyn seemed to be alone,
engaging three ships.
Dispatches Received by SchIey.
The testimony of the witness, after his
description of the battle, related very
largely to the receipt of messages that had
come to Commodore Schley and been sent
by him. The witness testified to the re-
ceipt Of dispatches brought by Capt Cot
ton on the Harvard.
AS the dispatches were handed to the
witness through Mr.. Rayner for identiffca-
ton Capt. Parker suggested that the whole
proceeding could be very much shortened
II the judge advocate would at once fur
nish all copies of messages sent to Admiral
Schley fer Identification by the witness,
He said that the receiving stamps these
dispatches would show when they were de-
livered
The Judge advocate asserted that on the
contrary the receiving stamps did not show
IL. In some cases they were not stamped
and IN other cases there were questions of
doubt
The witness was closely questioned in re-
gard TO the method pursued on the flag
ship Brooklyn In keeping records of mes
sages sent and received and in stamping
messages were received. The witness said
that II was their custom to either stamp or
mark on messages the date when they
were received, and after a telegram had
been sent to the department they would
send a letter transmitting a copy of it. and
In that case the letter book was marked
confirmed" in way to indicate a copy
OF the message in question had been sent
with the letter.
There were a number of questions in re-
gard to the methods of the intelligence bu-
~ he FlarNst tIxka
ness identified a number Of statements that
had been sent out by the intelligence bu-
reau. both by his recollection and by refer
ring to papers that were handed him.
The Commodore. Bearing.
Mr.. Rayner then asked the witness wheth
er during the war with Spain he had fire.
quently seen Commodore schley. and he re-
piled that he him daily and almost
constantly He had seen him the occa
sion OF the reconnaissance of the 31st oi
May and at the end of the battle of July 3
not having seen him during the entire bat
tie. as his station was the after CUR
deck. while Commodore Schley was forward
on the ship.
Q. Cby Mr. Rayner)-Give us the genera
bearing and manner of Commodore Schle,
while under fire A AS far as my observa
ton went he was thoroughly fearless am
self-possessed on all occasions
Odd he labor under any mental ex
element? a No. sir.
The "Dear Schley" Letter.
The Identification of dispatches receive,
was then continued. there being quite ;
long line of questions on the part of Mr.
Hanna and the judge advocate in regar,
to the letter known as the Dear Schiey'
letter. the receipt of which before May 2
counsel for Admiral Schley had not admit
ted.
The cross-exaHination of the witness wa
to bring out testimony to prove that thi
~. fr<t
two copies OF this dispatch In the files o
Commodore Schley. and the witness sal
that he had no personal recollection as I
the time OF their receipt. but as they wer
dated one on the I'D and the other on tn
9th. he was satisfied that those dates In
dicated the time of their receipt. The fac