The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-24

hDOul tle loop.
VICTORY ron JUDGE ADVOCATE.
The court retired to conrider the oh
lection and came back In less than ten
minute. Admiral Dewey %announoed that
the objection Of Admiral Schley's counsel
was not SUSTAINED. This was the hrst real
victory Of the Judge Advocate p de-
cision may have az important bearing on
the trial.
Capt. Lemly repeated the question To
Mr.. Heilner, and the latter answered. him
this way; Looking back knew ina. the
time Of the greatest danger was wh'h
the Brooklyn 1oomed out Of tho smoke
right ahead Of us
Continuing his examination. Capt, Lem
" asked the witness Do you know whether
or not Capt. Philip had had OF
perhaps an unusual character w manning
ships. ard. II ~. state what wasi
Lieutenant Commander H~eilner-Nes be
had morn than the usual experience. lie
had becn for several wears In the e'nploy-
ment of the Pacific Mail Steamship Coru-
pany and always handled his own vessel
! never sailed with any man who could
handle n shiy under steam as well 40 ne.
or any man who had a quicker eye 10 Cd
serve.
Q. What l. your estimate Of the time
lost in the performances Of these evoiutions
on tn. Tetas? A. The time ~ performing
the evoiutOns was perhaps not moro thn'
a minute and a half Pcrhsl- We bort a
good deal more time when we stArt'~i
/ IVA k'hhhAAA thA 49,
IL took perhaps two or threo minutes 10
start, Ia slow and to stop The ship was
practically dead Ia the water.
Y. How did the Brooklyn compare With
the Texas during the run To the we~tsa rl
after the vessels were Strengthened OUT
A She bore two points on our port TOW
Y DO YOU know how the Texas was head
ing az hat timer A ] do not.
Y Can YOU give an estimate OF the dis
tancr lost To the Texas 10y the~' evolu-
tion.2 A Yes, my estimate "a three mile.
That vas due partly 10 a fault la the Texas
her~.lf II took some little time Ia get On"
Of the blowers 10 work. and That II where
We lost.
sCuLFY's BLOCKADE DESCRIBED
acknowledgements Heilnef then de-
schhed ths blockade maintained by the
FLYING Squadron of Santiagu lsfU" Sanp-
ron arrived When u got dark and IN"
enemy could not see the American ships,
The vessels steamed ac~uss tho mouth of
tho hArbor back and forth. In IA" day
time he did not remember that Their" was
any particular formation, the ships re-
naming ofshore six, eight or nino miles
The-r distances. he said, Wen" all "sii-
mated A. the vez-els turned after goirg
pas, the mouth Of the hhrhor they turned
orshor.. ~ that they gradually incras'd
their distance from the harbOr entrance
ON the day the Colon was discovered he
saw another big ship In Santiago harhor
He was unable 10 -ay how Tar TO each sid"
OF the harhor tine b~lockading ships wcu'
Officers who were on desk told hlm that tho
distance varied. but he could not LAY how
far 1t was He did not stand watch ana
did not attempt TO observe .
In anvser 10 the Judge Advocate he sald
that when The squadron fret got 10 San-
lingo the moon was In it, first quarter. he
Thought hut It might have h-'en m the
second quarter After that II was darn
and II tho hlpckadins vessels we're any
distance ~ the Spanish slips could have
sneaked out.
HkILSER C-Ross-kNANISED
Cross-exaininei by Mr. Kayuor. Mr.,
Hcilner said he had not heard any firing
Of guns when the Flying Squadron APP
preached Cl.ntuesu- he ~crlstnt-rcd thAl
either bv signal or note from the ragrhip
tho-a ON board the Texas had been IN
fotmed that firing was heard Thus tcsil'
mony wsa with reference Ia Admiral SChlcy's
report that he had heard firing a. the Flying
Squadron approached Clenfuegus aud sup
posed the Spanish heet was thor" and ~As
being wolcom.d
Nh. Ravnor asked MIR Hcilner a great
many questions about signals from ih'
Brooklyn To IN" other ships Of tn" -Iuadi"n
during the trip from ticniucgos TOWARD
Santiago MIR Raynor sad that he had io
record OF a signal saying that while OF
Santiago the general nesting place WI.
be- twenty-five mi.~ sputh Of that place
Mr. Heilner had previously ~t"siih'-i thAl
the cuur-a of the Texas wa made Tor n POM
~ eIfN-Usp uIivS south bl NAilltk'H W
signal book of the low a SHOW that the sigma
qIo,ed was made from the Brooklyn Ia thai
vessel at 4S z NJ on MAY -
Nj Heilnar said hat IA"
shaping hi= course for q point twenty
nv. miles south 90 Santiago, hui thl- Wa
before the 2Sth
In answer to Mr. Ravnor's questions Mr.
Vriluor said that on the day 90 "a" haill'
he saw signals from IN" bruukIyu, lh''l'
not know what they were He had s''i
- .-N- - H.H "a a A 4 Les.
ship for action lie saw another aio
rrport,.l It to Capt Philip, bat the latter
told him 10 look out for th" leNa- and h"|
for the Brooklyn.
TRYING TO BRING sANtPsoN INro " CASE
Mr. Ravnor again attempted. a. hi'
aid. had done saturday. O. bring IA i"~tl-
monv ne regard 90 Admiral SAMPSON :
participation IN ia" Santiago campaign
10 A qurstion from Mr. Rayuor, III" witness
said tina, on the day ~ IN" trtt" he Jaw
signals from tie New York AZ about l.
noon OF half past y On" Sihnl'h M.
werc sighted coming out Of th" harbu'
a. sE A Nj lie said also that be- r'
mcmlercd seeing signals during the chaS'
Of the Colon.
CAP, Icmly was on his 'ret In an instant,
MAY ask the purJpOs" Of tha' question
be- zaid. ami Mr. i~iayuor explained that
II was Intended 10 invc~uga'" the c'ndu''
81 the battle.
Who's, conduct'' asked the judge
Advocate
"Everyhohy's conduct, : said Mr. Raynor
Capt Lemlv obicrt"d 4" any evidence
l that did no, deal with Sch.rv'- conduct.
Mr. Ravnor said that the "Nid"ncr wa
prurer and he wan'-d y aduittrd. We
, shall Insist on IL. h- said, WIN All IN" yea
! We can. A. n was fN near ih" hour "'
recess, however, hc said h- would not m
I rtSt then.
We might n well insist on Il now
F., responded Capt b~mly warmly o.
! iect 60 taking up IA" time "I ih' court IN
' neCczSanly. We don't want TO Involve
th. whole spanish War
Mr. Raynor again said he wouldh' w
1 siSt Just then. but CAV" notioC thAt' a. w
. question WAS important, 1t would ue hr"ugh
. up later
= TWP SESSION
tn. afternoon se-~ion was iuli ~ ih'er's
10 court and spectators II was paiiich
: larl, interesting on account 81 an "'i'inl'
mRd. nv Admiral SChley = counsel J." agAl'
I bring Admiral Samp-nu NO lh" as
/, and the resistance mod" uY lho jug
!. Advocate ami hir assistant, Nj Hams
There was laughter ouc' ~ LNlN, ll 'h'
court room over remark 81 Mr. haNn"i
who accused Capt. lsmly oi g"'unI ahsI'
and excited.
A Lcut.Hant-C Commando Hc.ner resume
, the witness Htaud and W knynoT CruS'
examined him about his -tai"'n"t, OF va
H. H. Ion LMH