The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-24

w~AsuISoroS, Sept. 2s-when the schley
Court Of Inquiry concluded Its session
this afternoon. there wa no DOUBT III mo
minds Of the several hundred persons VINO
listened TO the proceedings that this wa-oy
far the most interesting OF the three Gays
that the court has been taking testimony
II any one thing stood out more promi-
nentiy than another In tins Tour houfs oi
lively .i~nterchanges between tho attorneys
ON both sides and rigid examination OF the
pnncipal witness. II Wa the changed oesr-
ing Of the representatives OF the Navy De-.
partment TOW ard the counsel Tor Admiral
Sohley.
Heretofore Capt. Lemly. the Judge Ad-
vocate. and Mr.. Hanna. Ids assistant. have
not entered into the legal Arguments when
have ari-cn over the admission OF testi-
mopy. with the same spirit that~has charac-
,.uzed their o~pp5nants. They have not
been aggressive ike Mr. Raynor, the most
active 81 Admiral Schley's attorneys. or
80 persistent ~ all three Of the counsel
for Ito applicant as Admiral SchIey IL
called
TODAY. however. they demonstrated
that thew could fight quite ~ aggrrsalVeiy
and quite a. persistently as the di9iih-
Ruishsl civilian lawyers who are looking
out for Admiral Schley's interests. APP
parontlv they had determined that apohcy
of extreme cpurteyy and gentle endeaNor
was not the hs~t In dealing with a man
~ full 81 yigor and battle ~ Mr. kaynor
and ~ keen and tenacious ~ Judge wilson
Their voices. heretofore calm and well
modulatei In expressing Their views on
points raised by the other SIDE. hal a ring
IA them that left no doubt Of their earn
estnsss and their willingness to fight every
legal controversy to a finish They were
pafticularlv emphatic Ia making the Court
and Admiral Schlrys counsel understand
that they would resis; To tho utmost any
attempt "a make Admiral sampson a party
To the case
NATURE OF ~scHLEI's DRPKSCH
The natur, Of pIrt of Admiral schlsy's
defenc, was ciaolo+ei by hts counsel to-
day during two efforts on their art 20
secure statements from a witness rs 70
the character Of the blockade maintained
by Admiral Sampson Of Santiago and
the participation Of his flagship. the New
York. in the hattl' 81 July ? According
10 their representations 20 the Court, they
intend To show that # samp-on's blockade
WAS good, then ~ was Schley's. for tho
reason that they were OF the same character
and1xeneral arrangement. and, more import
ant than that. they promised to bring out
that II Sohley was censurab abb for falling To
destroy the Colon. Sampson Vas equally
suilty, because for . u hours after tho
arrival of sampson at Santiago the Colon
lay In the same position at the mouth OF
ths harbor that she was IN during the three
DAYS that schley saw her. n sampson
made no effort 20 attack her. Admiral
snhley's counsel said that they proposed 10
show also that what Sohley did was done
under Samp~on's orders, that Schsey's
wtthdmwal from the reconnaissance as "
was termed 10y him. against the Colon
and 90 develop ths shore batteries. was
performed under general naval regula-
sions and was the same policy that had
been pursued by sampson, and that
N the BROOKLYN was not In q proper position
when Cervcra's squadron ran out on July
3. she was at tho station assigned TO her bv
Sampson. The attempt n secure the adj
mission Of testimony bearing on the-s
point was earnestly resisted by Capt.
Lsmly and Mr.. Hanna, and while AdmirsI
Rchley's counsel Withdrew their Ques'
tions, IL vas done with an emphatic declara.
ton that they would bring them up again
and insist that they bc admitted.
utIINER on ruK BRooKLrS's -Loor
For the first time since the court begar
it, sessions. testimony directly bearing
on the loop Of the Brooklyn was hcard
to-day II was given by lieutcnant'
Commander Heilncr. the navigating on
oar Of the Texas. who proved To De the
star witness OF the investigation 80 far
Mr.. Heilncr told an interesting story 81
what happened on the Texas when th'
BROOKLYN Yves executing hat famous turn
According TO his account. the Tctas wa
obliged To stop and back TO keep from
colliding with Admiral Schlsy's flagship
This was lone when the Brooklyn an'
th. Te,as. according 10 the estima
Of the witness, were only a hundred or
hundred and fifty yards apart. After
~fritIess attempt on the part VI Admira
Schley's Representatives 60 keep Mir HailnC
from SAYING when tho Texas was ia th'
greatest danger IN the engagement with th
Spanish ships, he made the impnrtln
declaration that IL was when the hrooklvn
sthis grcat gray ship. he called her. loome'
up in front Of tho Texas and caused ths
vessel, for safaty's sake. Co stop her engine
and hack water Through this halt
tic thick Of the fight the T"xas, said IN
witness, lot ,hrcc miles Of the chase afte
the nceing enemy.
But Admiral Schlev's alert attorney
scored "a point when they came To eros
examine Mr.. Hcilnrr. ia" most damariu
witness produced against their client thu
far. They hrough, TO his attention a char
Of the santiago battlc. prepared by boar
81 officers of the navy. 81 which he va
one, showing tho positions Of each Amel
lean ship and each Spanish vessel at certai
periods Of the engagement, and Shove
that this board Of oficers had placed III
Brooklyn and the TcXas half n mile apai
NJ the timr The loop vas begun.
MIR H'i,u.r explained that the cha
~as not accurate. that IL was tho rrsult of
cpmprumlr.. tut an inadycftent Admissiol
wh,ch be- sought To correct, that IN" cha
vac worthless. wa immediately seiz-d e.
lv the representatives uf the nau Who
c,nduct l. under investigation. Tn
brought - the attention of a." Court %
DISCREPANCY In tL- cstiInat" of th" dis'anl
h-twsu H. TcyRs and tho Rruokiyu q
the witness a-l ly the oricili lsarI 1'
obtained from fi. Jutgn Advent" 81.
n connection rfth. ,raCyJwCy - 49, no.