The times. [volume] (Richmond, Va.) 1890-1903, 1901-11-01
not BOUND BY
ORDINARY |' RULES
Witnesses May be Re-
called to Add Testimony
COUNSEL HAVE TlLTs
Hanna Objects to Having Conduct Of
Case Called Prosecution.
sCHLEY'S SIDE OF CASE CLOSED
Captain Borden, The Last Witaess en- the
Admirars Side, Agrees With Other oiii-
GERS Who We're Aboard the Brock
Iyn-No Questions Can Be
asked 90 Immate-
!. rial Points.
scHLEY's SIDE OF CASE CLOSED
lBy Associated Pressl

(By Associated Press.)
WASHINGTON, D. c.. October 3t.-In
the Sehiey Court of Inquiry to-day
number.o of witnesses were introduced by
Judge Advocate Lemly to testify in re-
butal of the evidence given in Admiral
Schley's behalf The court decided early
in the day that no witness could be In
troduced at this stage of the proceeding
to give testimony on immaterial points
This announcement was made in CON-
nection with an effort to prove a con-
yersation on board the Massachusetts, In
which Lieutenant Sears. who was ADJ
miral SchIey's flag lieutenant. was repre-
sented to have said: For Gods sake
don't discourage him GMeaning Commo-
dore SchIey) 1t is all that we have been
able to do to work him up to this" It
had the effect of relieving Lieutenant
Commander Grant, lieutenant Com
mander Potts and other officers of the
Massachusetts,, who had been called to
testify concerning this conversation with
Mr.. Sears. which is said to have occurred
on the Massachusetts, just before the re-
eonnoissance of May S1st.
On the other hand the court held that
it was not bound by the ordinary pro-
ceeding in civil courts as to the time
when testimony can be taken, and that
witnesses might be called or recalie2 at
any time for the, purpose of making adj
tiiticns TO former stateSnents, but that
none of them could reiterate testimony
previously given. This decision was rem
deIed- upon an objection raised by MIR
Rayner to- allowing Captain Sigsoee to-
give new testimony when called as
witness for. rebuttaI purposes. 81
Captain Chadwick in his statement to-
tt1+,f
patches from: the Navy Department. in
regard to attacking the Spanish shore
batteries. had not been communicates to
Commodore Sehte:s. This statement is
regarded as of great Importance by Ad~
miral Sehley's opponents. as it distinctly
contradicts the Admirafs own state
mentS.
THE BRooKLYN-S LOOP
Captain t. D. Borden, junior marine of
ficer on the Brooklyn. gave testimony
corroborative of that given by other Of
feers of the Brooklyn. He said the distance
of the blocking line from the entrance to
the harbor at Santiago was not to exceed
four and half miles. He said he had
seen picket boats at night during Com
modGre Schiey's command there The
vessels had steamed about four and a half
miles back and forth at night.
scHLEY'S BEARING.
The witness said he haG clearly OBJ
served the Brooklyn's loop. and speak
ing of this. he said:
I'm the course of the turn fired guns
on either side. starboard and port. smoke
was very thick at that time, and tur!ng
the turn saw no vessels at all. although
1 had q plain view of the stern ports. I
Judge I coul6 see about 500 yards dis
tinctly.'
In reply to questions from Mr.. Rayner
he said he had seen Commodore Schley
three times during the battle, and that
his bearing was Everything that the Of
ficers and crew could have expected.
The witness then related other incl
dents of the battle. saying the most
vivid feature of the battle in my rscol-
lection occurred just after the Brooklyn
had made her turn. had relieved --ls
gun captain in charge OF the starhonrd
six-pounder gun. and fired at three
ships inside OF three minutes by slight
change in train. At that time could see
no other American ship
THE LAST WITNESS.
Captain Borden was then excused and
as he left the stand, Mr.. Rayner said
he would have no more witnesses to call
TIe said: May It please the court. we
have closed our case"
This statement was made at lbs A.
NJ. in such quiet tones that 1t is doubtful
whether it's purport was understood by
half Of those present.
DISTANCE OF THE yISCAY1t.
Captain Parker put in evidence a num-
ber of documents. including the report
of the battle of July Sd. admiral Schfcy
made from Monteyideo June Sd. 1900. This
report never has been printed. Follow
ing is an extract from 1t:
I'm my Judgment. from an unobstructcd
view of action during the combat the
Viscaya was not more than 1000 yards
distant My flag lieutenant, standing at
my elbow. reminded me that the distance
between the leaders of the Spanish squad
ron and ourselves was approaching OUR
tactical diameter. The stadimeter at this
instant indicated 800 yards. The Brook
lyn then swung to starboard to meet
what pproved TO be the last of the at
ten1pts to ram the Brooklyn. for the Fis-5
caya then turned square to starboard and
followed the Maria Teresa until the tat-s
ter.s destruction. These facts admit OF
no contradiction. for they are based upon
the independent judgment and obserya-
stion OF two or more persons. and upon
the stadinaeter In the hands of a person
skilled in it's use.
! RAYNERS DIRECTIONS SUSTAINED.
Lieutenant Grant was called as the
first witness for rebuttai. In reply
to questions. Lieutenant Grant said
he had seen Lieutenant Sears. has-5
lieutenant OF the Brooklyn, on board the
Massachusetts during the houlharGment
or reconnaissance OF May 3lst He said
he had had q conversation with him In
ene nayigators' room and later IN the
ward-roonl-
..r want you TO state what the convsrsa-
t;on vas ii, the state-roon1 OF the nayf-3
gator. said CAPTAIN Ianliy.
Al this point the testimony was brought
to a sudden stop by an emphatic renaxk
hv Mr.. Rayner: .sI Object 8. Addressing
II 49,