New-York tribune., 1901-10-13

no means satisfied that the Spanish squadron was
not at Cienfuegos. and the second telling of the
Information he had received through the British
steamer Adula He said that he presented them
because they bore this matter of the receipt
of dispatches.
LEMLY MAKES RAYNER ANGRY.
somewhat exciting incident here arose betweer
Judge Advocate Lemly and Mr. Rayner. When
Lieutenant Commander Stauntcn was excused Mr..
Rayner asked leave to present evidence sup
Elementary chart prepared by Lieutenant Dyson.
or the Bureau of Steam Engineering showing the
speed of the vessels of the Flying Squadron. Cap
tain Lemly objected. the ground that this evil
dence was not pertinent at this stage of the pro-
ceedngs
Mr. Rayner replied that it had been agreed be-
tween counsel that 1t should be put in, and he
wanted to introduce it before the testimony got too
far away from the evidence bearing the coal
supply.
Captain Lemly said that he had witness pres
ent and wished proceed with the taking of verbal
testimony
Admiral Dewey-What objection is there?
Captain Lemly-I do think it is the time to
do it. sir
Admiral Dewey-The witness 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
objection.
Mr.. Rayner undertook to read document ac-
companying the chart. when Captain Lemly rose
Mr.. Rayner He is not accurate in his statements
if the please. On the contrary. he is very
inaccurate. He holds paper before him, and reads
what is not on that paper. He has repeatedly
done it
There was d ripple of laughter through the room
when this statement was made, and some persons
inside the railing Joined in it, but it was noticed
that Mr. Rayner did not accept the remark as good
natured. His face flushed when he replied.
which he did without rising, saying: If he states
he I wi
Captain Lemly-If he states that outside the
court II is another matter, but If he states 1t IN
the court II is highly improper.
While counsel talking back and forth at
each other Admiral Dewey arose and administered
the oath to the next witness. Lieutenant Nathan C.
Twining. formerly of the battleship Iowa, who had
been waiting to be called while the colloquy was
in progress. Lieutenant Twning's testimony COW
cred points already brought out to the siege OF
Cienfuegos and the bombardment of the Cristooal
Colon in the harbor of Santiago May 81
When Lieutenant Twining had concluded and the
about adjourn, Mr.. Rayner rose and
addressing the court. said:
I would like to call the attention of the court to
what | consider very disagreeable attack OF the
Judge Advocate have conducted myself with the
6 OF S @ ana and %n aes IN this
case. The least little objection that comes In
part. All I ask is this: He made a statement this
morning which reflected me; that read things
things that did exist Any man with any degree
OF sensibility would object to that, and l do not
think my brother wants that statement TO go TO
the court They have tried the case impartially
and fairly. There has been no statement about
their trial of the at all. but when have read
report not thinking that the last part would bear
on the case. the point made that did not read
the whole of it, These things very objection
able TO Admiral schley and myself and think the
gentleman owes us statement In regard to that.
Captain Lemly-If the court please. have TO
stand upon the record in this matter. It not
my intention to be offensive, and when counsel
speaks OF my temper must say to him. "Neighbor.
remove the beam from your eye before you
attempt TO take the mote out Of my own re-
ferred more particularly this morning to the mat
ter OF the written question which he presented and
then read the question differently without any in
tenton Of giving offence. but in the earnestness OF
debate
Admiral Dewey-I think that ought to be enough.
The statement OF the Judge Advocate should be
enough. The court understands that the Judge Ad-
vocate had no intention OF wounding the feelings
of either OF you, and the court adjourns
Accordingly at ! O'Clock. the court adjourned
until Monday.