The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-09-28

lcinnau and Vixen are patroUinr OF Cans
odh Antonio After delivering this mes
sage the Eagle proceeded 70 Key West -
-1gu did not communicate this direct
70 the flagship
| Al did not
/ Put to tie SC0rpi0n2
A--Geg sir.
| Q-NIhy did You not tell the R-1oklvnz
/ a.. .ecduse an the vessels except the
1 scorpion passed SO rapidly and IL was
| eNidgu. that the SCORPION frfaroaDfe8 ms
/ LOT thf purpose Of communicating 7 may
] du4 ehal i said to the Scorpion that the
%, ial.nunication gave vas for Command
/ or Schley from Captain S7cCaIla.
| with Lieutenant SoutherIaud on the
stand at O'Clock the Court took a recess
/ for an hour.
The Afternoon Session.
When the Court reconvened at 2 O'Clock
Captain Lemly offered to place upon the
witness stand Lieut.. Cassius b. Barnes.
junior grade. now in the Office Of the Bu-
reau Of Navigation. for the purpose OF
showing how the discrepancy between
the Schiey despatch sent by the Harvard
10 be- filed at Kingston and the despatch
printed IN the appendix occurred This is
the despatch upon which the disCbcdience
of orders is charged against SchIey. The
differences between the original despatch
and the published copy I'm the appendix
Were brought out ia evidence several days
ago.
Declared to BE Tnprecedented.
Mr.. RayHer objected 10 placing Lieu
tenant Barnes on the stand az this time.
as the testimony Of Lieutenant Souther-
land had not been completed He SAID
such a proceeding was unprecedented and
argued the point at some length
Mr.. Hanna-and Captain LemIy said the
hlH
Department had garbled the despatch and
they wished TO correct il as soon as pos
slole- Mr- Hanna said he had made the
statement that the differences in the de
Spatches would be recOnciIed. that he
would show how the mistakes were made.
ana ne proposed 10 do so. He wanted 70
do it at the earliest possible moment.
Mr- Rayner said Lieutenant Barnes was
employed at the Navy Department and
that he could be had 10 testify al any
time. He opposed the introduction Of this
evidence while another witness was up0n
the stand
Captain Lemly said il was quite usual
IN courts-martial and courts Of enquiry.
Mr. Rayner asked for a precedent.
Captain LemIy-WcU. there are uIanty
or them but ! cannot give one 1usr now.
maven heard you state any precedents
Mr.. Rayner-It is no- uossifla IN cite
a precedent for something that never oc-
CURED.
Mr.. Sayncr's Objection Sustained.
The Court consulted upon the point
without Withdrawing from the room. and
after "A short time Admiral Dewey asked
II there was any law upon the subject
Captain Lemly said there was none, it
is only custom.
Admiral Dewey. after further consul
tation with mis- C0IIeagues-As objection is
made. this testimony viii not be admitted
at this time
Lieutenant Barnes had not been sworn
and he was excused
Lieutenant SoutherIand was then recall
ed, and ia answer 20 questions. described
the route from Cieufuegos TO Santiago.
He said that ne wished to coal from a
collier, but that Commodore SchIey di-
rected him 10 go TO San Antonio.
Witness Asks LemIy's Advice.
Further questions by tie Judge advocate
developed nothing new OF Importance. on
Cross-eXar animation witness said ne re-
membered what he had said by mega
phone from the Eagle 10 the Scorpion.
because he had discussed IL and other
matters iH connection with the war with
Spain He said he had probably discussed
il since the Court of Enquiry was or
dered
BY Mr. Rayuer-With whom
The witness 20 Captain Lemly-Shau 1
answer that question:
Captain Lemly-Certaiuly-
Al have talked about It with the
judge advocate
Lieutenant Commander S0utherIand was
excused and Lieut. Cassius b Barnes
was called 20 explain the difference be-
tween Schley's original despatch about
disObedience Of orders and the printed re-
pOrt in The naNaI ann.nlix