The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-13

putting it in. except that 1t was t'b-
] viously intended TO reflect upon 4 person
! who is not under inquiry
NO REFLECTION INTENDED.
To this Mr.. Rayner responded that It
] was not intended to reflect upon any one
| but that it was intended Ito prevent a
| reflection upon Commodore Schley.
! 1t was decided that the dispatch was
| already in evidence, and Mr.. Hanna took
I the witness for redirect examination. He
| began by asking if he knew the reason
| for the lapse of five or six days between
| the sending of dispatches by the Hawk
| and the Wasp. To this inquiry Mr.. Ray
| ner objected and there was quite q pro
| longed argument on the part of counsel
| on both sides as to the admissibility of
| the question. Mr.. Hanna stated, in the
| course of his argument that the matter
| could be fully explained, but sail that
| if the, court objected he would not press
! the matter. whereupon Admiral Dewey re-
! marked: You had better not ask that
| question"
| Mr.. Hanna: IT will ask whether the
| witness does not know something about
| it. I think I can develop facts which he
| does not know as to the circumstances
under which they were sent"
Admiral Dewey: '.As I have stated be-
| fore, we want facts, facts
1 Mr.. Hanna: Il will say, if the court
, has no objection, that the question have
! in my mind is whether or not this order
/ of May 21st, or this memorandum, was
! sent under circumstances of exigences
as a hurried order ought and that fact
was communicated to the man who car
/ ried 1t and that he was instructed to de-
| liver it as such and to SO inform Commo-
dore Schley.''
| Mr.. Rayner: You have to prove that
Commodore Schley was informed What
was the occasion OF a hurried order? It
could not have been hurried very much
This is an important branch Of the case
These are official communications and
We ought not to be bound here by what
took place hundreds of miles away from
where we were. Here are the dispatches
Why any verbal testimony on this? It
opens the whole field in this case. II you
can go into it we certainly ask to do So
The incident was closed by the with
drawal of the question.
EXCITING INCIDENT.
At this stage Of the proceedings Can
tain Lemly introduced as a part of tbs
secord two letters from Commodore
Schiey to Admiral Sampson, both dated
May sd. 1898, the fast saying that he
was by no means satisfied that the
Spanish squadron was not at Cieufuegos.
and the second telling of the informat ton
he had received through the British
oteelAiAsl- @<touid- fie SAID that he pre-
sented them because they bear upon this
matter Of the receipt of dispatches.
A somewhat exciting incident here oc-
Cured between Judge Advocate Lemly
and Mr.. Rayner. When Lieutenant-Cop-
mander Stanton was excused Mr. Rayner
asked leave to present as evidence sup
Elementary chart prepared by Lieutenant
Dyson, of the Bureau Of Steam Engineer
Ing showing the speed Of the vessels OF
the flying squadron Captain Lemly OBJ
jected on the ground that this evidence
was not pertient at this stage Of the pro-
ceedings.
Mr.. Rayner replied that it had been
agreed between counsel that 1t should be
1t before the testimony got too far away
from the evidence bearing upon the coal
supply.
Captain Lemly said he had witness
present and wished to proceed with the
taking OF verbal testimony.
Admiral Dewey: What objection Is
there?''
Captain Lemly: 81 do not think it is the
time to do it, str.''S
Admiral Dewey: The witness can come
down Monday. Unless there is some rea-
son why it should not go In now. 1t Is a
courtesy due to the counsel. What OBJ
lection is there2 We want to know the
objection? -
NOT ACCURATE.
Mr.. Rayner here undertook to read
statement accompanying the chart. when
Captain sLensy, risinx. addressed the
s cn,rrf saving vifh rel ference tn Afe.H Fay