The age-herald., 1901-10-01

down. While had control of the ship. I could have coaled."
 What time did you break downT'
 I've stopped at 5:30 o'clock that after noon."
 Did Not Coal In Tow.
 Asked if vessels could have been coaied while the Merrimac. was in tow of the Yale the witness replied that was a sup positions question and he would not like to say As matter of fact she did not coal any vessel while in tow. On all days from g to S1, except on the days when en route from Cienfuegos to Santiago, and when disabled the Merrimac had had ves- sels alongside for the purpose of coaling and they had been coaled from the collier.
 On cross-examination. Mir. Rayner ques- tioned Commander Miller concerning coal ing from the Merrimac on the 24th. He said the Massachusetts had been coaled at 7:3O In the morning of that day. He was then examined concerning signals as to coaling the Texas. While these ques- tions were being put, Captain Miller said laughingly: "Go ahead. You've got me there"
 He then proceeded: 'T signaled over I object to having two battleships along side of me-; and Captain Ph..lps of the Texas signalled, 1 think, to Captain Hig- ginson. but I do not know whether 1t was to the admiral or to him: K and M will crush from G."
 MT. Rayner-You were not "G;' you were .'X." "G'' was the Massachusetts.
 "I was e. I think. What objected to was having two battleships beside me. They have circular motion and when two battleships are rolling, they would have tendency of crushing a collier between. them. It was not so much on account of the weather as it was the placing of one battleship on each side"
 How was the sea at that timer
 On Steady Ship.
 T did not feel the sea very much. be- cause my ship was, peculiarly a steady ship"
 How was it as far as the other ships were concerned?"
 "Battleships nearly always have mo- tion; that is my experience. As far as I was personally concerned, I could have coaled."
 Well, how about the other vessels?"
 That is not for me to judge.
 Then when you spoke of your capacity to coal you spoke about your own ship?" Yes, that I was ready for delivery. I am giving no opinion regarding other ships.'
 Continuing, the witness said that he all ways hated to go alongside the battle ships.
 The Merrimac," he went on, was al- continually rolling"
 Especially in a rough sea-" suggested MT. Rayner.
 Tn any sea-" responded the witness
 "Is not that especially true when the warship has protruding sponsors, as had the Texas?'
 They were always nasty" the witness replied.
 MT. Rayner questioned Captain Miller concerning the state of the weather and sea on May 26, quoting from Admiral Cervera's statement on. that subject, but the witness would only say that his log was silent as to the condition of the sea at that time.
 Taken From the Merrimac.
 In this connection Captain Miller re- ferred to his removal from the command of the Merrimac in order to turn the ves- sel over to Lieutenant Hobson. He said on that point:
 When I was taken out summarily from the Merrimac nearly everything I had was lost and the only thing can remem- Der now was the few notes l have here in this log"
 The court asked: Was there any point near Cienfuegos where vessels could have found protection from the sea on May 24?' d..
 The witness replied: q do not think that unless we had gone up probably to the Isle of Pines there was any place, so far as I can remember now, where we could have found smoother weather than we found off Cienfuegos, unless going very far to the eastward
 The court also asked: Could you have coaled any of the vessels on May 25 had you been ordered to do so?"
 To this the reply was: q should judge so, to the best of my knowledge and be- lief. I say I could coal; yes, I could coal at any time but then I could not have coaled comfortably. For the other ships, 1t was what we call a nasty sea and equally rainy weather, and if had had my choice I would not have coaled on that day, that Is, the 25th."
 As he left the stand Captain Miller asked that he might be excused if he had shown any temper.
 T feel a little bit touchy about the Merrimac," he said.
 Displayed No Temper.
 Admiral Dewey assured him that he had displayed no temper.
 Captain Miller was succeeded on the witness stand by Captain Theodore F. JeWeil. WHO cOH1IudHQ6Q the Cru1Ser Minneapolis during the Spanish war
 Captain Jewell said that when he had first seen Admiral Schley's statement as to the information he may have given concerning Cervera's fleet, he had writ ten a letter to the department denying that he had done so. Objection was m ade to this line of testimony and l. was not persisted in.
 The witness said he had no knowledge that Captain Sigsbee, speaking for him. self and Captains Jewell and Wise, stated to Commodore Schley on the 26th at Santiago that neither he (the witness) nor Wise nor himself (Sigsbee) had seen anything or knew anything of the move ments or whereabouts of the Spanish fleet. lsor did he know whether Captain Sigsbee wrote a letter to Commodore Schley stating that that was fact
 The court here asked question which opened up the coaling question. The ques- tion was as follows:
 How far could the Minneapolis have gone with her 400 tons of coal at the time you state?'
 ''If had burned 400 tons of coal, I could have made something like 1200 or 1900 miles. That would have left the bunkers empty. I was burning about ninety-five tons day and on that making fourteen or fifteen knots.'
 Drawing from Captain Jewell the fact that the distance from Santiago to Key West is 800 miles, Mr. Rayner asked:
 Explanation of Signals.
 "In view of what you said just now. will you explain the signals read: 's:30