The Washington times., 1901-10-23

Captain now Rear Admiral Evans on
this subject Evans. he asserted. had
given an explicit denial of this story.
DO you propose to draw out what was as
denied on your own oss-examination
asked Judge Advocate Lenlly.
Certainly" said Mr.. Rayner-
Captain LemIy Objects.
Then I protest" exclaimed the judge
advocate. Philip is dead and Evans is
out of the country. and this has nothing
to do with the case. To discuss the mat
.er. even on my own part, would do the
same harm to the dead and to the alb
sent
Mr. Rayner responded that no one pre-
tended that Philip had run away on the
day of the ba1tle. We know that's not
true" he said; but ne insisted that, as
Captain Evans testified that he had seen
the Brooklyn make the loop on July g.
it was proper to show that on the follow
ing day he thought the vessel that made
the turn was the Texas. Mr.. Rayner.
protested. however, that he was not try
ing to 1mpeach the testimony of Captain
Evans. He maintained that the matter
came directly under the specification of
the Drecept about the loop.
This spec;Ous argument is amusing"
said Captain Lemly. when Mir. Rayner
had finished.
Then answer it," retorted Mr.. Rayner
'Oh, specious arguments do not require
answers" Captain Lemly responded.
Captain Parker. Mr.. Rayner's associate,
took hand in the case, and managed to
bring in that Evans was alleged to have
said that Philip ran away, and that SchIey
responded: You are mistaken about that
Evans; | saw nothing of the kind
In the course of further argument Mr..
Rayner said he had about hundred
questions to ask SchIey as to what other
witnesses had said and if the Court
ruled out Mr.. Grahams answer, these
questions could not be asked
After Mr.. Hanna had made a few re-
marks in which he referred to what he
termed Mr.. Rayner's vigorous and YER
satile burst of verbosity." the Court re-
tired to consider the question of the ad-
nissibility of testimony about what
Schiey and Evans said to each other in
regard to the Texas.
When the Court returned Admiral
Dewey read its ruling as follows: The
Court decides that questions intended to
lmpugn the credfbillty of a witness, in
tended to prove any point regarding the
movements Of the Brooklyn during the
battle; intended to prove any statement
made by Commodore Schley, or conver-
sation held with Commodore Schley. pro-
vided they have a material bearing on
matters designated by the precept are
admissible. provided such conversations
or statements occurred in the presence
anc wlthln the hearing of the witness"
As Heard by Mr. Graham.
MI draham was then permitted to tell
the conversation between Commodore
Schley and Captain Evans. This is it, as
Mr. Graham gave it:
Sehley, did you see Philip turn
around and run out of the fight?
'Schley-No; neither did you. He didn't
run out of the fight
'Evans-Oh, yes; l did. His ship was
next to mine and 1 saw him.
Too
fight all the time. The ship you saw was
the Brooklyn"
When Mr. Graham resumed the stand
after recess Mr.. Rayner said he had fin
ished with the witness. and Captain Lem
ly said he had no questions to ask in
cross-examination. The Court, however.
wanted to know this:
In what direction was the squadron
heading when this conversation between
Commodore Schley and Captain Sigsbee
took place.
Mr. Graham-The squadron was head
ing toward Santiago.
The Court-Did you hear any converse
ton between Commodore Schley and
Lieutenant Hodgson during the battle of
July 3? If so, please state it.
Mr.. Graham-No. sir.
Dennis J. Cronin, who was Commo-
dora SChley's marine orderly on the
Brooklyn, testified that he heard Captain
in' there-the Spanish feet are not in
there" He said that from his station
in the foretop during the fight of July g.
he saw the Texas AMI she was not close
TO the Brooklyn and he did not take much
notice Of her as he didn't think the
Brooklyn was in danger from her. The
last part of this answer was ruled out.
Captain Lenlly .uS Mr.. Rayner each ac-
cused the other of getting in a rage dur
ing Cronins S testimony.
Lieutenant Commander w. r. Rush,
who served on the Brooklyn as a watch
and division officer, said he had charge
of guns in the after part of the ship, and
that on July 3 he ran for his position.
but before he could begin firing the
Brooklyn began turning rapidly. 1t took
ten or fifteen minutes to make the loop,
he said. He did not hear the order
Hard aport." At the beginning Of the
turn the range was l,50O yards. The Viz
lyn at one time. The Court excluded
chart of the battle prepared by the wit
ness. The Court asked Mr.. Rush several
questions.
Lieut.. Edward Simpson, who command
ed the first gun division the Brooklyn |
in the tight with Cervera's ships. de-
scrtbed the battle of July in an inter
osting way When the Marie Teresa came
out of the harbor, he said. she headed
for the Brooklyn and fired at that vessel
The Brooklyn commenced to swing for
this vessel. aid the range given by Navi-
gator HodgsoiI was then $500 yards. The |
least range he remembered given that
day was 1.40o yards. Lieutenant Simpson
was in turret during most Of the battle, |
and was, therefore, unable to describe
the loop II was after this that the Viz
caya turned out toward the Brooklyn,
and then ran beck toward shore on fire.
The range in the chase of the Colon de-
creased from 1900 to 6,S00 yards and the |
witness fired a shot at the last named
range which went over the Colon. Then
the Oregon fired n shot which also went
ever and the Colon Immediately turned in
shore. Schley's bearing In the battle said |
Lieutenant Simpson. was that of a brave |
man, self-p"ssessed, and alert to his duty |
Lieut.. Cjunior grade) Edward p
Fitzgerald, who served on the Brooklyn |
as an assistant engineer. testified that he |
was In the fire room during the fight Of |
July 3. and that he remembered an order |
carly in the action: Stand by to ram
or collision quarters" The Judge advo- |
cate asked no questions of the witness !
and the court then adjourned.
BURIED AT ARLINGTON.