The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-09-21
NUMRFR 1913.
ANGBRBD BY MIR. RAYNBR.
Commander Harber Rescnts the
Attitude Of Schley's Counsel.


Cross-ENRmination Par
tisanship NaniFcstcd-His TeSti-
mOny in Direct Contradiction Of
That Given by Rear Admiral HiE-
EinsOn Ncsterday-The Maryland
Attorney EuIivens the Procec IinEs
When the SchIey Court convened at the
Navy Yard this morning about 200 per
sons were in the court room. There were
no particular features before the opening
Of the session, which began promptly at
Il o'clock Almost the entire morning was
occupied by the cross-examiuation OF
Commander Giles b. Harber. the eNecu-
tive officer Of the Texas during the San
tiaEo campaign.
His testimony was marked several times
by the rather sharp exchange Of words
with Mr.. Rayner who examined him
The witness writhed under the questions
put 10 him, twisted and turned i'm his
chair. Som' times his face was uyid and
at other times white with anger. His
strong parusanship was made manifest as
much by his manner as by his statements
He objected especially to Mr.. Rayners
method Of showing mp the wide discrepan-
cies between his HarbersD statements on
the stand and those made by Rear Ad-
miral HiEginSon yesterday.
On many most important points their
evidence was absolutely contradictory.
The witness insisted that whatever Ad-
miral HiSginson said did not influence his
Judgment I'm the least He seemed TO at
tempt to convey the idea that his opinion
was as good as that OF any other officer.
He protested against Mr.. Rayner's man
ner and once refused to answer ques-
ton until the attorney assumed differ
ent pose This was when Mr.. Raynor was
pointins his finger at the witness.
The First Witness.
Commando Giles B. Harbcr took the
stand Tor cross, ,Namination when the
Court recon- crsd this morning. Mr. Ray
ner, who examined him. handed the wit
ness printed copy of The testimony ad-
duced yesterday. and called his attention
10 his statement TO the effect that there
were no picket vessels cruising or sta
toned within the picket line Of The fleet
of Cienfuegos.
The witness said he had been correctly
reported. Mr.. Rayner proceeded TO read
from the Naval Appendix. Captain Lem
~ objected on the ground that the Ap-
penuiX had not been offered in evidence.
be said it had only been presented for
reference After a brief exchange Of
words on the subject Captain LemIy per
mltted Mr. Rayuer to read from Schley's
report, in which he stated that the Scor-
pion. the Casune. and other vessels were
maintained on duty insid, the picket line.
Ny. Rayucr asked the witness which
statement was correct
A Question of Memory.
Commando Harbsr said his memory
might be imperfect but the answer TO the
question yesterday was made 70 the best
OF his recollection. He would not DISPUTE
the report
Mr.. Rayner continued to Cross-exan7ine
the witness upon the statements which he
MADE yesterday in regard 10 the ability OF
the Texas 10 coal at sea. The memory
OF the witness failed him as TO certain
signals made between the flagship and the
Texas, as shown boy tho log Of the Texas.
which was read by Mr. Rayner.
Nothing Of particular Importance was
developed upon this point except that the
witness admitted that the project
Ing sponsons on the Texas made
II more difficult TO coal at sea.
The witness saw lights on the
shore on the night Of May - and 3 while
OF Cienfuegos. He thought they were
signals between Spanish ships. Concern
ing the speed Of the Texas the witness
said his statement Of fourteen knots re-
ferred 20 the voyage from Key West TO
Cienfueg0s. From Cieufuegos TO Santa
60 the vessel could have made ten knots
all the time and twelve knots a large por-
tiOn Of the time.
Mr.. Rayner-DesCribe the condition Of
the weather en- route
Commando Harber-When we started
out IN the evening there was "a moderate
breeze--as ! remember H. you understand
i am recalling conditions of three years
ago, and cannot remember aCcurltslv-
" hat tho weather was an night I don't
know. ] was asleep The ncxt day the
weather was fresh and the sea could
hardly be called moderate II became
more moderate toward evening.
Captain LemIy Objects.
Mr.. Rayner-I viii read from the report
OF operations Of she Nassac chusetts for
MAY O.
Captain LemIy-I object: that IS not the
log of the vessel
AIr Rayucr-You ought not 20 object
to the statements in the appendix prepar-
&c by yourself
Captain Lemly-I insist that the witness
shall see the log.
IL was handed 10 the witness and Mr.
Rayucr proceeded 10 read from the report
OF the commanding officer Of the Massa-
chusetts-
The weather was rough and squaIIy.
the Eagle fen behind and retarded the
progress of the Ieet 90 barge speed
Doe tlgt correspond with the log Of
the Massachuestt-T'
Commander Harb,r-Ij does not II is
impussiJl, to state lu "a Few words I'm "a
report the detailed account n the wealth
a. cOntEIut1 IN the lug.
The witness read from the los showing
winds fresh from east, weather sqlalIy,
cloudy and rainy
sharp Exchange OF Words.
A sharp exchange Of words followed be-
tween the witness and Mr.. Rayner. The
latter said his only purpose was TO get
at the truth about the weather.
The witness-Wel. am giving it TO
you.
Mr.. Rayncr-I don't doubt IT,
Captain LemIy objected % examining
the witness on the log of the Massachu-
setts because ne was not on board that
vessel lie said the log would be put in
evidence al the proper time and that II
was a waste Of time 20 question the wit
ness along that line.
Mr- Rayner said by the reading OF the
log ne simply wished 20 refresh the mem
ory Of the witness
The Court retired and in "a few minutes
returned and announced that il would
sustain the objection Of the judge advo-
cate.
The log OF the Massachusetts was then
laid aside.
The weather Again.