The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-01
IRON THE CAPITAL CITY rfii :.se u,.s ~ CT OSED
"A
a beacon.
wnter
S5,a r' 7S revenues Tor October Would Have No
illnesses.
RECORD BREAKER AT THE ANlesS---
,s-sysss' CO. : - Z '>1'D'0 - >'e'''-Ef
laid that the Admiral Never Received Precautionary
Instructions from the Navy Department
Several Tits Between Counsel

obstacles he put in the way of letting the
bombafdment go on, because, as he was
| reported To have said. II was difficult
/ chnn@h to ret tho commodore up to the
point of undertaking 1t.
In reply 10 questions Lieutenant Grant
said he had seen Lieutenant Sears on board
the Massachusetts during the lombard,
ment or reconnaissance Of May 81 and that
| he first saw him on the quarter deck about
| ii o'clock of that day
II had been below" continued the wit
ness TO get the powder division ready
Tor action. Between II and II o'clock /
! went with Lieutenant Sears into the nnvi.
! gators room. while he was washing his
! In the ward room, and | had conversa-
tlon with him in that room and afterward
| at the ward room table"
| The witness said that the navigator WINS
| present part of the time during the CON
| versaion At the conversation, he thought
about sixteen were present, possibly the
/ 81 want you to state what the conversa-
ti'n was in the state room of the navlga-
tor"
At this point the testimony was brought
to sudden stop by an emphatic remzrk
by Mr. Raynor.
81 object"
Addressing the court Mr. Raynor made
fiSNi'h9 lltlfSls udlEluE iudI the con
yersation in the ward room Of the Massa-
chusetts was immaterlal to the case; that
It was irrelevant to the issue and that as
Admiral Schley was not present, the con.
versatlon was clearly lnndmissible
'1f this could be permitted, any remark
by Lieutenant Sears at any other place
could be admitted"
Mr.. Raynor quoted several authorities in
support OF his contention.
Mr.. Hanna commended that tn S-testmony
was material and therefore under Mr.. Ray
nor's own authorities admissible.
Following Mr.. Hanna Captain Lemy
quoted the remark Lieutenant sears is al
legged to have made as follows: For
Gods sake don't discourage him (meanng
Commodore sehley). 1t is all that we have
been able to do to work him up TO this"
Captain Parker followed with a brief
speech in support of Mr. Raynors conten-
ton
n he said, Commanding Officers are
to be judged by all the foolish and ridiculous
things young officers say in the ward room,
I don't know what would become of them.
The court then retired to consider the
point raised.
The members of the court were in CONSUL
tation for ffteea minutes and when they
returned Admiral Dewey announced Che
courts decision as follows; "The objection
as made is sustained by the court"
The witness was then excused and after
brief consultation between Captain Lem
~ and Mr.. Hanna, Captain Slgsbce was
recalled
When he bad taken his seat, Mr. Hanna
stated that the witness had been called
for the purpose of securing such facts as
ne might be possessed of that the court
or counsel might want TO elicit from him,
This statement brought Mr.. Raynor to his
feet with the question: "Ybu are calling
captain Sigsbee in rebuttal, of course:'
Captain Lemly-l don't call it rebuttai;
we called Captain Sigsbee because he is
wanted 10 testify.
Apparently Mir Raynor was surprised.
He said; Have we the right after we have
closed the case to recall witnesses except
in rebnttali That would lead 10 an inter
minable case. The rule of law is You can
rebut anything new that we have brought
our but you can not call witnesses to
sustain former statements they have made
buttal."
Captain L;emly Counsel is wrong when
a. ne says | closed the case. -, not close
] propose to call further witnesses here
AFTER. ] am only going to call such wat
ncsses as the court thinks necessary In
order to have the facts before It,"
lie contended that this is an inquiry ana
not prosecution and that the usual rules
OF opening, and closing and Of rebuttal and
a I'D Ia.
law were not to be followed in this case
The controversy between counsel con
tinued for some time Mr. Hanna said he
mad had a. conversation with Mr. Raynor
in which the latter had promised to he lib
eral In rebutting testimony.
Replying. Mr. RaHnor said that his prom !
lse only applied 10 rebutting testimony
Mr., Hanna then took up the question of
the treatment of the case He took espe
cla exception IA the characterization Of his /
and Captain I.emlv's conduct of the ca Q |
as a prosecution On this point he said
AS to the use of the language which hns |
been employed here. that this is very like |
a prosecution, | can not allow the record |
70 stand IN that shape without saying a |
word or two upon that point. n this case
naS IN any manner approached that Of n /
prosecution. 1t has been due to the action !
OF the applicant and his counsel Out Of |
generous consideration 10 the applicant, we I
nave allowed every technical rule Of the !
law TO be- invoked In his behalf That is /
generosity That Is not prosecution.
Everything that the law devised TO screen !
and protect and defend a man who is un-
der any sort of n charge. has been al. |
lowed to come in before this court That I
was In favor Of the applicant and not |
against him. Now n naval court Of inquiry |
mas the absolute right 10 ask any cues ion |
which II may choose OF anybody and In /
any manner in which II chooses to prose |
cute lis inquiry II win not do to lay |
down these technical rules as absolutely |
binding. If the court pleases 10 adhere |
TO them, well and good but we do not |
desire TO have our proceedings here when !
the applicant Is represented ~ able and |
skilled counsel, TO have the stigma Of a /
prosecution placed upon the Judge advocate |
end his associates It Is an outrageous |
and unwarraDtcd use OF the word"
Replying, Mr.. Raynor said that he had
never spoken OF the inquiry as prosecu
tion. hut said that he referred to It as a
trial" and had so considered 1t. He re.
fused to concede that any special gen
crosby had been displayed in the case.
Captain Parker called the attention of
the court 10 the naval regulations for 1900. |
in which the word prosecution is used !
IN connection with courts OF inquiry.
l. The thpu 10tEO "a m