Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-11-01

q brief consultation between Captain,
LemlyS and Mr.. Hanna, Captain Sigs-
was recalled. When he had taken,
his seat Mr.. Hanna, stated that the wit.
ness had been called for the purpoge.
of securing such facts as he might be
possessed Of that the court or counsel
might want to elicit from him.
III This statement brought Mr.. Ray.
ner5.to HIS feet with the question:
stYo are calling Captain Sigsbee IN,
:rebuttal, of course??''
CAPTAIN Lemly-I don,ttcall it re.
buttaT, we called Captain Sigsbeel be
he is wanted to testify
Apparently Mr.. Rayner. was sur
prised. He said: .S3
sHave we the right after we have
closed the case5to recall witnesses ex-
5cept= in rebuttal? That would lead TO
an interminable case. The ruIeIIof law
have brought out, but YOU cannot call
witnesses to sustain former state
ments they have made. There is no
objection to a witness in rebuttaI.""
Captain Lemly-Counsel is wrong
when he sayssI closed the case. I5.did
not close it. i simply said, We rest
here and I propose to call further wit
negses hereafter. lam only going to
call such witnesses as the court thinks
necessary in order4to have the facts
before til" a S$aSt z4,ISS J.
II contended that this is an inquiry
and not a prosecution and that the
usual rules of opening and closing of
rebuttal and surrebuttal, followed in
ordinary courts Of law, were not to be
followed in this case. T.
The controversy between counsel
continued for some time. Mr.. Hanna
said: Mr.. Rayner had promised to be.
liberal in rebutting testimony. In re-
plying Mr.. Rayner said that his prom
ise had only applied to rebutting testi-
mony proper. 49, j.
Mr.. Hanna1then spoke son@the treat
ment of the case, taking exception t.
the characterization of his and Cap
tain Lemly's conduct as "prosecu-
tiipn:' :ss4 % %$ #& l..
Replying, Mr.. Rayner said that he
had never spoken az the inquiry as 8
prosecution, but saidFtnat he had re-.
ferredt to 1t as atrial and had SO
considered ii. He also. refused to con;
.cedethat amy special generosity had;
been displayed in the case.
Court Makes 4 Decision.
Whenssthe court convened after re-
Admiral Dewey announced the:
decisionsof the court ON the question of,
rebutting testimony holding that wit;
nesses may be called at aly@time or:
recalled for the purpose Of making
corrections of formerstestimony or adj
ditions in the nature Of corrections.
They cannot However reiterate for:
mer. evidence. Ss 3y y
Captain Lemly then continued his
examination of Captain Sigsbee$in the.
light ofthe courts ruling.
Captain Sigsbee answered a. fol-
lowss""I have carefully, since my
last testimony. gone over all Of my Of.
fetal documents, all my private let
tiers and the records of the st. Paul.
I have no correetionSto make in the.
testimony then gaveSSso far ais It was
giyen,exeepting that said Ieoulda not
recollect whetherssthere were one or
two assembIages of commanding of
fcers aboard the ship off Santiago be-:
fore the arrival of the flying squadron
there on the 26th and that IL there.
were two visits, one must have been
o n board the Yale. My log shows.
there were two assemblages both on
board the Harvard. That Is the only
correction I desire to make .s5. q
Captain Lemly-You5will find that
you are likewise privileged to make
additions insthe natdfe OF corrections
to your Testimony. S&
81 desire to state that / Informed
Commodore Schley on the occasion of
my visit to him on the 26th, first that
chased BY asfDrpedo boat on the night
OF hergsarrivaI oa.ths subsequent might:
second, that Idetafledsto Mmsthe COM
~mu1icaeion bsstWeen Captain Goodrich
of the ST. Louisiana myself on board
the st. Paul as we passed each other
when I was bound from Cape Haytien
to Santiago and the st. Louis was:
hound from Santiago to Cape Hay
ten" S#
Witness said that since he was for.
merly on the stand lie had recalled
thaf8fhe did see the press boatsSomers
N. Smith on May % and he also re
called, he said, that IA that EVENING.
he e tint press
and had warned thase id. board!
against remaining where they then:
were because of THE danger af being
attached by torpedo boat daesstppoyyers.
schley Talked al Goal Only, s#.
Continuing, he said that fnn his IA
.tervieW with Conmodere seh1ey on
sboafdthe BrooklynNlhe Was tsoglld by the
commodore that the St Paul lSigs.
bees boat was to 50 with the flying:
lowing dayWas to taaea the Texas In
tow. The Witness remarked:
There was almost an eateGhism at
that timelDn the partnE Ea1nmodore
Schley. V~ofunteeEed aIInae every
thing that 4 said aAeANtt Santiago and,
the Spanish feet. His Mhakke CONVEX
sation was on the gubject0 coal and
n.x1,s = - gy,,,k ~ - $500 - 80 fNo-..7s1