The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15


carried Ii and that he was instructed
to deliver 1t as such. and to so inform
Commodore Schley.'
Mr.. Rayner: You have to prove
that Commodore Schley was informed.
What was the occasion OF q hurried
order? II could not have been hurried
very much. This Is an important
branch OF the case. These are official
communications and we ought not 10 De
bound here by what took place num-
dreds OF miles away from where we
were. Here are the dispatches Why
any verbal testimony on this! II
opens the whole field In this case. III
you can so into 1t we certainly ask to
do so"
The incident was closed by the with
drawal of the question.
At this stage OF the proceedings, Cap
tain Lemly introduced as a part OF the
record two letters from Commodore
chley to Admiral Sampson. both dated
May %. 1S9S. b first saying that he
was by no means satisfied that the
Spanish squadron was not at Cienfue-
ros and the second telling OF the infor-
nation he had received through the
British steamer Adula. He said that
he presented them because they bear
upon this matter of the receipt or dis
patches.
SHARP TILT BETWEEN LEMLY
AND RAYNER-
\ somewhat exciting incident here
arose between Judge voc LemIy
and Mr.. Rayner. When Lieutenant
Commander stanton was Mr..
Rayner asked cave To present as evil
dence a supplementary chart prepared
by Lieutenant Dyson. OF the bureau or
steam engineering. howing the speed
of the vessels OF the flying SQUADRON.
Captain Lemly objected on the ground
that this evidence was not pertinent at
this stage OF the proceedings
Mr.. Rayner replied that IL a been
agreed between counsel that IL should
be put in and that he wanted 10 intro
luce it before the testimony got too far
away from the evidence bearing upo
the coal supply.
Captain Lemly said he had a witness
present and wished TO proceed with the
taking of verbal testimony.
Admiral Dewey: What objection Is
there?"
Captain Lemly: Il do not think 1t
Is the time TO do il. sir"
Admiral Dewey: The witness can
come down Monday. Unless there is
some reason why it should not go in
now it is a courtesy due TO the counsel.
What objection is there? We want to
know the object"
Mr.. Rayner here undertook TO read n
statement accompanying |the chart.
AAN ~oPAoA A<@AAAtI 40 80 -
the court, saying with reference to Mr..
Rayner:
He is not accurate in his statements
if the court please. On the contrary he
is very inaccurate. He holds a paper
before him and reads what is not on
that paper. He has repeatedly done IT,"
There was a ripple Of laughter
through the room when this statement
was made and some persons inside the
railing Joined in ii, but it was noticed
that Mr.. Rayner did not accept the
remark as intended to be good natured.
His face was flushed when he replied
which he did without rising, saying:
IF he states that outside the court.
1 will say it is false"
Captain Lemly: IF he states that
outside the court it is another matter.
but if he states il in the court it is
highly improper"
While counsel were still talking back
n forth at each other Admira Dewey
arose and administered the oath to the
next witness, Lieutenant Nathan c.
Twining, formerly Of the battleship
Iowa. who had been awaiting to be
called, while the colloquy was in prog
ress. Lieutenant Twining's testimony
covered points already brought out as
to the siege OF Cienfuegos and the bonn
bardment of the Colon, in the harbor
at Santiago on May 31st.
RAYNER'S ARRANGEMENT OF
LEMLY.
When Lieutenant Twining had con-
cluded and the court was about to adj
5ourn. Mr.. Rayner arose and addressed
the court and said:
Il would like to call the attention OF
the court to what / consider a very dis
agreeable attack of the judge advocate.
/ have conducted myself with the ut
most degree Of courtesy and politeness.
1t has not occurred nee, but over and
over again in this case. The least little
objection that comes in brings in the
most irritable humor possible on his
part. These things are very objection
able To Admiral Schley and myself and
I think the gentleman owes Us a state
ment in regard to that?"
Captain Lem1y: IF the court please,
1 have to stand upon the record I'm his
matter. 1t was not my intention to lie
offensive
Admiral Dewey: II think that cueht
to be enough. The statemeE1 % the
judge advocate would be enough. The
court understands that the judge advo-
cate had no intention of wounLiag the
feelings Of either of you and tar court
now adjourns.
Accordingly at l O'Clock the court ad
Journed until Monday.