Republican news item. [volume] (Laport, Pa.) 1896-19??, 1901-11-07
SCHLEY ENDS HIS CASE
Captain Lemley Called Witnesses
in Rebuttal.
NO MORE IMMATERIAL EVIDENCE

Conversation On Massachusetts,.
Objection to the Recall Of Captain
Sigsbee.
Washington. Oct. 31.-The long or
deal to which Admiral Schley has been
subjected since Monday morning end.
ed yesterday afternoon. when his
cross-examination was concluded and
he was allowed to leave the witness
stand. One of the most interesting
features of the day was the develop
ment of the fact that the report OF
the battle written by Admiral Schley,
July 6, 1S98 was not the original re-
port. The original never has been
published, and in accordance with
previous decision, the court declined
to allow 1t to 60 into the record. Ad
miral Schley was allowed to explain.
however, that Admiral Sampson de-
clined to receive the first report be-
cause 1t did not mention the presence
OF the New York. Il felt that the
victory at that time," said Admiral
Schley, In explaining the matter,
was big enough for ALL and made
this change out of generosity, and be-
cause | knew If the New York had
been present she would have done as
good work as anybody else"
At the inquiry Thursday . number
of witnesses were introduced by Judge
Advocate Lemly to testify in rebuttal
of the evidence given In Admiral
Schley's behalf. The court decided
early in the day that no witnesses
could be introduced at this stage of
the proceeding to give testimony on
immaterial points. This announce.
ment was made in connection with an
effort to prove conversation on board
the Massachusetts, In which Lieuten.
ant Sears, who was Admiral Schley's
flag lieutenant. was represented to
have said:
For Gods sake don't discourage
him (meaning Commodore Schley); it
is all that we have been able to do to
work him up to this"
1t had the effect Of relieving Lieu.
tenant Commander Grant, Lieutenant
Commander Potts and other officers
of the Massachusetts who had been
called to testify concerning this con.
versation with Mr.. Sears, which is
said to have occurred on the Massa'
chusetts just before the reconnois
sance Of May 81.
On the other hand, the court held
that 1t was not bound by the ordinary
proceeding in civil courts as to the
time when testimony can be taken,
and that witnesses might be called
or recalled any time for the purpose OF
making additions to former state.
ments. but that none of them could
reiterate testimony previously given.
This decision was rendered upon an
objection raised by Mr.. Rayner to
allowing Captain Sigsbee to give new
testimony when called as witness
for rebuttal purposes.
The witnesses called in rebuttal
were Captain Charles D. Sigsbee
Captain Francis E. Chadwick. Captain
Joseph G. Eaton. Lieutenant John H.
Roys and Chief Quartermaster Neil
Anderson, all of whom testified to In.
cidents connected with the campaign
of 1898.
Thursday said that the precautionary
dispatches from the navy department
in regard to attacking the Spanish
shore batteries had not been com.
municated to Commodore Schley. This
statement Is regarded of great i'm
portance by Admiral Schley's oppon
ents, as 1t distinctly contradicts -
admiral's own statements.
Captain Sigsbee testified concerning
his interview on the Brooklyn with
Commodore Schley. Captain Eaton
was the commander of the dispatch
boat Resolute during the war. and his
testimony related largely to events
which occurred just before and just
after the battle on July 8. Lieuten.
ant Roys served on board the Eagle.
and his statement bore upon the
Eagles meeting with the Brooklyn
when the latter was enroute to Glen
fuegos, and again while the flagship
lay off that port. He stated that
Lieutenant Commander Switzerland
had asked not to be sent to Port An.
tonic for coal. and had asked to be al.
lowed to coal from the Merrimac.
The court adjourned at 12.45
o'clock Friday. when Judge Advo.
cate Lemly announced that he had no
more witnesses to call, and Mr.. Ray.
ner, following him. said that no wit.
nesses would be summoned on behalf
of Admiral Schley in sur-rebuttal. For
moment 1t appeared as If the now
famous case was about to reach a sud.
den conclusion. But this delusion was
soon dissipated by the announcement
on the part Of Captain Lemly that he
might ask to be allowed to bring in
one more witness on Monday, and
also a statement from Mr. Rayner
that Admiral Schley himself would de-
sire to return to the stand on Monday
to correct errors in his evidence as
officially reported.
The only witness that the Judge ad-
vocate still has in mind is Lieutenant