The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-11-05
A TILT BETWEEN COUNSEL.

| tain. IemlyS conduct OF the case as a
prosecution" On this point he said:
LAS to the use of the language which
has been employed here, that this is
very like a prosecution, I cannot allow
the record to stand in that shape with
J out saying a word or two upon hat
point. If this case has in any manner
| approached that of a prosecution it has
| been due to the action Of the applicant
and his counsel. Out Of generous con-
sideration to the applicant we hav al
lowed every teachnical rule of the law
to be invoked in his interest. That is
! generosity. That is not prosecution.
Everything that the law has devised
to screen, protect and defend a man
who is under any sort of a charge has
been allowed to come in before this
court Of inquiry. That was in favor
of the applicant, not against him."
Replying Mr.. Rayner said that be
had never spoken of the inquiry as a
prosecution, but said that he had re-
ferred to it as a trial" and had so
considered it. He also refused to con
cede that any special generosity had
been displayed in the case.
When the court reconyened after re-
cess Admiral Dewey announced the de-
cision Of the court, holding that 1.-The
court is required to examine all wit
nesses who may have any knowledge
of the matters brought to it's attention
olAd ID AioL " dhy lSCIlIiICdl Id" y
regarding evidence or procedure, and
to this end witnesses may be called at
any time or they may be recalled to
make corrections or additions IN the
nature of corrections to their testimony,
that the facts of the case may, if posi-
BILE, be placed clearly before the court,
but no witness shall reiterate former
statements"
CAPTAIN SIGSREE T~ESTIFIES.
Tar+;4 ;~I~ 49, I'll .T -
carefully. since my last testimony, gone
over all of my official documents, all OF
my private letters and the records of
the st. Paul. 1 have no correction to
make in the testimony l then gave so
far as it was given, excepting that I
said l could not recollect whether there
were one or two assemblages of COM
handing officers aboard ship off San
tiago before the arrival of the flying
squadron there on the 26th and that if
there were two visits one must have
been on board the Yale. My log shows
there were W assemblages, both on
board the Harvard and that / went on
the second visit with the captain of the
Yale and from that I had come to the
conclusion that the second visit was on
board the Yale.
Commodore Schley on the occasion Of
my visit to him on the 26th; first, that
L thought that the st. Paul had been
chased by a torpedo o on the night
OF her arrival or the subsequent night:
second. that 1 detailed to him the COM
munication between Captain Goodrich.
or the st. Louis, and myself on board
the st. Paul as we passed each other,
when L was bound from Cape Haitien
to Santiago and the st. Louis was bound
from Santiago to Cape Haitien."
The witness said that since he was
formerly on the tan he had recalled
that he did see the press boat Somers
N. Smith on May 2Sth and he also re-
called. he said, that on tina evening he
a seen the press boat Premier and
had warned those aboard against re-
naming where they then We're, because
OF the danger of being attacked by tor
pedo boat d~estroyers.
continuing, he said that in his inter-
view with Commodore Schley on board
the Brooklyn he was told by the COM
modore that the ST. Paul (Sigsbee's
boaO was to go with the flying SQUAD
ron to Key West and on the following
day was to take the Texas in tow.
Ihe witness Remarked: There was
almost no catechism at that time on
the part of Commodore Schley. 7 vol
unteered almost everything thai I said
about Santiago and the Spanish fleet.
HIS whole conversation was on the sub
ject of coal, and nothing but coal and
SO far as I could judge he already had
made up his mind to return to Key
West. He old me that he was going
to Key West"
| On cross examination Mr.. Rayner
k about the statement that the
PREMIER a been warned against tor
pedo boat destroyers and the witness
said that he had given this warning
because he believed from his informa-
ton from the navy department that the
Spaniards were in the harbor.
You believed they were there. not
W1t~hstanding that on the 29th you
thought, as you have heretofore testi-
fed. that they were going in there? Is
that correct?
Quite so. 1 thought it possible they
might not have gone in"
| Mr.. Rayner: LIE me get that right.
You thought on the 2Sth the might be
there although on the 18th in your Of
| fetal report you say you thought you
saw them approaching that port?"
I That is quite so. They might have
been out or they might have been in.
I was prepared for either event"
MACHINIsT CLAYTON.
Captain Sigsbee was then excused and
Machinist Alfred B. Claxton, who
/ served in the engine room of the Texas
on h day of the battle of Santiago
was recalled. He said he still adhered
to his former statement that to the
best Of his belief the engines of the
Texas were reversed on that day.
Lieutenant John H. Reys, watch of
ficer on board the Eagle, said that
when the Eagle met the flying squadron
as the latter was on it's way to Glen
fuegos he had heard nothing said to
the effect that there was mo news
He was sure that on that occasion there
was no direct communication between
the Eagle and the Brooklyn and that
they were not nearer han a mile of
each other. He said also hat he had
been present when Commodore Schley
had later sent the Eagle away to Port
| Antonio and had heard Commander
Switzerland ask to be allowed to coal
from the Merrimac.
| Captain Joseph G. Eaton who was
In command of the Resolute, expressed
| the opinion that at the beginning of the
| battle of July 3rd, the fire Of the In
| diana had been more effective than
| that of others of the American vessels
CHADWICK RECALLED.
Captain F. E. Chadwick, Of the New
| York, was lex called to testify con-
corning the precautionary orders given
4 by the department concerning the bonn.