The Montgomery advertiser., 1901-11-01
CHADWICK AND
 SIGSBEE AGAIN
Called by Lemly to Give Evidence in Rebuttal of Testimony for
 Admiral Schley.

he said he had seen Commodore Schley three times during the battle, and that
 his bearing was everything that the of | ficers and crew could have expected"
 The witness then related other incidents Of the battle, saying: ''The most vivid part of the battle in my recollection, occurred just after the | Brooklyn had made her turn. had re-
 lieved the gun captain in charge of tho | star-board 6-pounder gun and fired inside | of three minutes by slight change in train. At that time I could see no other American ship.' The fact was brought cut that during l the battle he was in charge of guns in
 the stern of the ship and had not been able to see ahead. Captain Borden was then excused, and as he left the stand Mir. Raynor said he would have no more witnesses to call. Defense Closes Case. He said:
 May it please the court, we have closed our case"
 This statement was made at 11:15, and the statement was made in such quiet tones that 1t is doubtful whether it's pur- port was understood by half those pres ent.
 Captain Parker then asked to have put In evidence a number of documents, in- cluding the report of the battle of July Q, WHICH AumlTdI SCnlGy mdQe from Monteviedo June B, 1900.
 This report never has been printed Following is an extract from it:
 Tn my judgment from an unobstructed view of the entire field Of action during the combat the Viscaya was not more than 1000 yards distant. My flag lieu tenant, standing at my elbow, reminded me that the distance between the leaders of the Spanish squadron and ourselves nnhf fVw The stadimeter at this instant indicated 900 yards. The Brooklyn then swung to starboard to meet what proved to be the last of the attempts to ram the Rrooklya, for the Viscaya then turned square to starboard and followed the Marta Teresa until the latter's destruction These facts admit of no contradiction, for they are based upon the independent judgment and observation of two or more persons and upon the stadimeetr in the hands ot person skilled in it's use."
 Ten minutes were consumed in present. ing this report, which was admitted. Lieutenant Grant was then called as the first witness for rebuttai.
 Testimony in Rebuttal
 The witness was interrogated concern- ing the events on May 31. when Commo- dore Schley went aboard thes Massachu- setts for the purpose of making a recon noisance and bombarding the Colon, espe- cially to the conversation of Lieutenant Sears, flag lieutenant of the Brooklyn, who accompanied Commodore Schley on this occasion, in which the lieutenant was represented as urging that no ob- stacles be put in the way of letting the bombardment go on because as he was represented to have said it had been dif- icult enough to get the commodore up to the point of undertaking it.
 In reply to questions Lieutenant Grant said he had seen Lieutenant Sears on board the Massachusetts during the bonn bardment or reconnaissance of May S1 and that he first saw him on the quarter deck about il o'clock of that day.
 T had been below" continued the wit ness, ito get the powder division ready for action. Between Il and F o'clock I went with Lieutenant Sears into the room while he was washing his hands previous to going into break fast in the ward room, and I had con- versation with him in that room and afterward at the ward room table,"
 The witness said that the navigator was present part of the time during this conversation. At the conversation he thought about sixteen were present, practically the entire mess.
 'I want you to state what the conver- sation was in the state room of the navi- gator.''
  brought to a sudden stop by an emphatic remark by Mir. Raynor.
 q Object" Shouted Rayner.
 T objectl''
 Addressing the court MT. Raynor mad a vigorous speech charging that the con in the ward room of the Mas was immaterial to the case that 1t was irrelevant to the issue an as Admiral Schley was not present tha was clearly inadmissible. l. his talk could be permitted the remar; made by Lieutenant Sears at any other place could be introduced. Mir. Rayne quoted several authorities in support is contention.
 Mir. Hanna contended that the test nony was material and therefore. unds dr. Raynor's own authorities, admissi lie.
 Following MT. Hanna Captain Leml uoted the remark which Lieutenar 'ears Is alleged to have made as follows For Gods sake don't discourage hin meaning Commodore Schley). 1t is al hat we have been able to do to wor Jim up to this"
 Captain Parker followed with a bri, peech in support of MT. Raynor's COT ention.
 "It." he said. commanding officers ar O be judged by all the foolish and ridicu. ous things young officers say in the ward room, I don't know what would became of them"
 The court then retired to consider the ,oint raised.
 The members of the court were in con- ,ultation for fifteen minutes and when hey returned Admiral Dewey announced he courts decision as-follows:
 Schley Wins Decision.
 "The objection as made Is sustained by he court"
 The witness was then excused and af- CT a brief consultation between Captain 4emly and Mir. Hanna. Captain Sigsbee vas recalled.
 When he had taken his seat Mir, Hanna tated that the witness had been called or the purpose of securing such facts as e might be possessed of that the court r counsel might want to elicit from him. his statement brought MT. Raynor to his eet with the question:
 You are calling Captain Sigsbee in ebuttal. of course?'
 Captain Lemley-I don't call it rehut- d. We caller Captain Sigsbee because 2 is wanted to testify.
 Counsel in Wrangle. Apparently MT. Raynor was surprised. Ie said:
 Have We the right after we have clos l the case fO recall witnesses eXceDt In