The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-01
REBUTTAL EVIDENCE TAKEN
AFTER CAPTAIN BORDEN HAD TES-
Titled IN sCHLEY's BEHALF.
Statement by Captain Chadwick that
Precautionary Dispatches Were
Not Delivered to Schley.


could be introduced at, this stage of the
proceedings to give testimony on imma-
terial points. This announcement was
made in connection with an effort to prove
conversation on board the Massachusetts,
in which Lieutenant Sears, who was Ad-
miral Schley's flag lieutenant, was reported
to have said: For Gods sake don't dis
courage him (meaning Commodore Schley)
1t is all that we have been able to do TO
work him up to this" 1t had the effect OF
relieving Lieutenant Commander Grant,
Lieutenant Commander Potts and other Of
ficers of the Massachusetts who had been
called to testify concerning this conversa-
ton with Mr.. Sears, which is said to have
occurred on the Massachusetts just before
the reconnaissance of May 81.
On the other hand, the court held that it
was not bound by the ordinary proceed
ing in civil cases as to the time when the
testimony can be taken. and that witnesses
might be called or recalled any time for the
purpose of making additions to former
statements, but that none of them could
reiterate testimony previously given. This
decision was rendered on an objection
raised by Mr.. Rayner to allowing Captain
Sigsbee to give new testimony when called
as a witness for rebuttal purposes.
The witnesses called in rebuttal were
Captain Charles d. Sigsbee, Captain Fran
els E. Chadwick, Captain Joseph G.. Eaton,
Lieutenant John II. Roys and Chief Quar-
termaster Neil Anderson, all of whom tes-
titled to incidents connected with the cam
paign of 1898.
Captain Chadwick, in his statement to-
day, said the precautionary dispatches
from the Navy Department in relation to
attacking the Spanish shore batteries had
not been communicated to Commodore
Schley This statement is regarded of
great Importance by Admiral Schley's OPP
ponents, as it distinctly cOntradicts the Ad-
miraIs own statements.
CAPTAIN SIGSBEE AND OTHERS.
Captain Sigsbee testified concerning his
interview on the Brooklyn with Commodore
Schley. Captain Eaton was the commander
of the dispatch boat Resolute during the
war, and his testimony related largely to
events which occurred just before and just
after the battle on July 3. Lieutenant Roys
served on board the Eagle, and his state
ment bore on the Eagles meeting with the
BROOKLYN when the latter was en- route to
Cienfuegos and again when the flagship
lay off that port. He stated that Lieuten-
ant Commander Switzerland had asked not
to be sent to Port Antonio for coal, and
had asked to be allowed to coal from the
Merrimac.
Mr. Anderson was chief quartermaster of
the Brooklyn during the Spanish war, and
was at the wheel during the battle of July
3. He said that Commodore Schley had
given the order of hard aport," but that
when the order was given the vessel was
When the court opened to-day Capt. T. s.
Borden, formerly Junior marine officer of
the Brooklyn, was called as the first wit
ness of the day and as the last witness
to testify in Admiral Schley's behalf.
Speaking of the events of the battle of
July 3, he said the lowest range given was
LOO yards, and that this was given just
before the turn, while the maximum range
was $500 yards. He had clearly observed
the Brooklyn's loop, and speaking of this
he said: "In the course of the turn L fired
guns on either side, starboard and port.
Smoke was very thick at that time, and
during the turn l saw no vessels at all,
although 1 had plain view out of the
stern ports. l judge l could see about 500
yards distinctly" In reply to questions
from Mr.. Rayner he said he had seen Com
modore Schley three times during the bat
tie and that his bearing was everything
that the officers and crew could have ex-
pected."
SAW NO OTHER SHIPS.
The witness then related other incidents
of the battle, saying: 1.-THE most vivid
feature of the battle in my recollection
occurred just after the Brooklyn had made
her turn. L had relieved the gun captain
in charge of the starboard siX-pounder,
and 1 fired at three ships inside of three
minutes by a slight change of train. At
that time L could see no other American
ship"
on cross-examination the fact was
brought out that during the turn Captain
Borden had been 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 Mr.. Rayner said he
would have no more witnesses to call. He
said: May 1t please the court, we have
closed our case"
Captain Parker then asked to have put in
evidence a number of documents, including
the report of the battle of July Admiral
Schley made from Montevideo June g. 1900.
This report never has been printed. Fol-
lowing is an extract from it: I'm my
Judgment, from an unobstructed view of
the entire field of action during the combat
| the NiScaya was not more than 1000 yards
distant. My flag lieutenant standing al
my elbow. reminded me that the distance
between the leaders of the Spanish squad
ron and ourselves was approaching our
tactical diameter The stadimeter at this
instant indicated 900 yards. The Brooklyn
proved TO be the last of the attempts 10
ram the Brooklyn, for the Viscaya then
turned square to starboard and followed
the Maria Theresa until the latters de-
struction. These facts admit of no contra
diction, for they are based upon the indie
pendent judgment and observation of two
or more persons and upon the stadimeter
I
Ten minutes were consumed in presenting
this report, which was admitted. Lieutenant
| Grant was then called a : the first witness
Tor rebuttal. In reply TO questions Lieuten-
ant Grant said he had seen Lieutenant
| Sears on board the Massachusetts, during
the DomDardment or reconnaissance of May
81 and that he first saw him on the quarter
| deck about IL O'Clock of that day. He was
| proceeding TO relate a conversation with
| Sears when Mr.. Rayner objected. After
argument Captain Lemly quoted the re-
mark which Lieutenant Sears is alleged
10 have made as follows:
For Gods sake don't discourage him
\ (meaning Commodore Schley), 1t is all thai
/ we have been able to do TO work him up Il
/ this
RULING BY THE COURT.
Mr.. Rayner's objection was sustained by
the court The witness was then excused
and, after brief consultation between Cap
| tain Lemly and Mr. Hanna Captain Sigs
bee was recalled. Before he began his testi
mony counsel became involved in a dispute
| as TO what constituted rebuttal testimony
| The court finally rendered a decision OF
the matter. holding that witnesses may b,
/ called at any time. or recalled for the pur
pose Of making corrections OF former testi
mony, and additions in the nature Of cor
! rections. They cannot, however, reiterat'
/ former evidence.
Captain Sigsbee then said. In reply Il
/ questions. that since he formerly was OF
/ the stand he had recalled that he did Sc,
the press boat Somers S. Smith on May 2S
: and he also recalled. he said. that on tina