Evening star., 1901-10-22

boys -
Did you see the oregon?" asked Mr..
| Rayner.
| Very distinctly. I saw her coming up
| about the time We were beginning to get
| scared. The Brooklyn was fighting alone
three of the Spanish ships. when suddenly
| l saw in the distance a white line, which
soon developed into the Oregon"
| That, he said. occurred about the time
| the Oquendo went ashore.
| did you see the Texas before the turn?'
| 81 saw her just before the turn. She ap-
peared TO me to be inside of US. We turned
| continuously to the right, according to my
recollection"
Did you ever see Commodore Schley
| wien he appeared to be laboring under any
mental eXcitement?'
.Oh, no. He was jovial and good natured
at all times, and did not observe the least
| trace of excitement or anxiety except at
one time. That was when it looked as If
| the Colon might get away. He expressed
! fear that that might occur and seemed
| much concerned. l remember that he dis
| cussed with Captain Cook the advisabilfty
of stopping to couple his engines before
dark. fearing that if postponed until later
| the Spaniard might get away"
| AT this point Mr.. Rayner began an exani-
nation of the witness concerning CONVEX
! sation reported to have taken place be-
| Evans of the Iowa after the battle. but be-
| fore the examination had gone far it was
objected to by Captain Lemly.
Discussion Regarding Philip.
| Were YOU" asked Mr. Rayner, present
| at any conversation between Capt. Evans
and Commodore Schley?"
Yes, sir; in the commodores cabin on
! the Brooklyn on July o. Mp. Graham re-
| sponded. when Evans came in the first
| thing he said was: 'Schley. did you see Jack
Philip run away with the TeXasg and Com
modore Schley said, No, neither did YOU "
Admiral Dewey addressing counseD. One
| moment Poor Philip is not present, you
| know.
Mr.. Rayner. That has gone in In Capt.
| Evans testimony.
| Capt Lemly In cross-examination some
| thing in regard to it has gone in. I cannot
| see what bearing it has.
| Mr. Rayner. We do not want to prove
! anything about what Capt Philip said.
| This is a conversation in which Commodore
| Schley was present.
| Capt. Lemly. You propose to contradict
what you drew out in croSS-eXamination?
Mr.. Rayner. Why. of course.
Capt. Lemly. l object, if the court please.
| This has nothing whatever. to do with the
| case. Capt. Philip is dead and Admiral
| that ground, which think is quite sufff-
| cient. To further discuss the matter even
| on my part would be to do the same harm
| to the dead and to the absent man.
| Argument Over the Testimony.
| Mr.. Rayners IT am glad my brother puts
| it on the second ground and not on the
| first because the slightest reflection will
1
| tradict what his own witness said on cross
| examination. The croSs-eXamination doesn't
| make him my witness When Commodore
| Schley gets on the stand he would like to
| have the opportunity of stating what that
| conversation was. Captain Evans has
| stated it. Why cannot Admiral Schley
state it2
| .sWhy cannot one who was present state
| it? 1t does not reflect in any degree upon
| Admiral Evans and certainly not upon Cap
| tain Philip. 1t would be unjust, unfair, to
permit that statement to remain in the
/ record without the opportunity to contra
| dict it by the people who are present. If
| Commodore Schley was not present, Of
| course, it would not be admissible
| Capt Lemly: How does this affect Com
modore Schley's conduct In battle? 1 want
! to bring it down to the precept."
| Mr.. Rayner-''Are there no other specf-
cations in the preeept except Commodore
| SchleyS conduct in battle? Is there no
| specification about the turn of the Brook
| lyn? Does not this conversation relate di-
rectly to that? That it was the Brooklyn
wich made the turn and not the Texas?
| The point is an important one to US, be-
| cause it will occur many times during Ad-
| miral Schley's testimony as we expect to
ask him a hundred times with reference to
| what other witnesses have said.'
| Captain Parker spoke briefly, saying there
| could possibly be no reflection upon Cap
| tain Philip by repeating the conversation.
| I'VE all honor Philip too highly for that"
| he said.
| Mr. Hanna contended that the question
! was not admissible unless intended to i'm
| peach the testimony of Captain Evans. In
cidentally he objected to 'the vigorous and
various verbosity of counsel for the appli-
can't. -.....--,--
The Courts Ruling.
Admiral Dewey then announced that The
court would retire for the consideration Of
the point raised After being out for TWEEN
ty minutes the members returned, and Ad-
miral Dewey announced the decision in the
following terms:
THE court decides that the questions in
tended to impugn the credibility of wit
ness; intended to prove any point regarding
| the movements of the Brooklyn during the
| battle of July g. intended to prove any
| statements made by Commodore Schley or
| conversations held with Commodore Schley,
which have material bearing upon the
matters designated by the precept, are ad-
| missible, provided such conversations or
| statements occurred in the presence of and
within the hearing of the witness
Mr.. Rayner then repeated his question
asking him to repeat the conversation,
| which Mr.. Graham did as follows: capt.
| Evans came into the cabin. 1 sat at a
round table in the center. Commodore
| Schley got up and shook hands with Capt
| Evans, and the latter said: 'Schley, did
you see Philip turn around and run out Of
the fight? The commodore said: No,
| neither did you. He did not run out Of the
| fight Capt Evans said: oh, yes, he did ;
1 saw him. Capt Evans said he was in
| the next ship and saw him. The commo-
| dore said: 1T was not the Texas at ALL The
| Texas was in the fight all the time. The
| ship you saw turn around was the Brook
| lyn.'
The court at this point took the usual re-
| cess for luncheon.
Mr.. Graham was again called to the
| stand at o'clock after the recess. The
| judge advocate stated that he had no ques-
| tions to ask the witness and the court
| asked a few questions of him. He said
when Capt sissbee came on board the
Brooklyn on May &c the vessel was heading
toward Santiago. He did not hear any
conversation between Commodore Schley
and Lieut. Hodgson during the battle OF
July g.
Heard Sigsbee's Statement.
Dennis j. Cronan. orderly to Commodore
Schley on board the Brooklyn, was called
to the stand and was asked If he heard
| the conversation between Commodore
Schley and Captain Sigsbee when the lat
ter came on board the Brooklyn, May 26
| He said he was at that time standing on
| the gun deck near the latter as Captain
Sigsbee came on board, and saw the COM
modore just above. Il heard the commo-
4 Il