The sun., 1901-11-01

ne saw tne iooD, nosaiu. hltoI u VI. -
yards. While II wss being made he had a
stern view for sou yaids and could not see any
other ships. The greatest range at which
he fred during the battle. said Capt. BOT.
den.. was $500 yards, To him the most
vivid incident OF the battle was when he
fired on three Of the enemy's ships Within
three minutes. At that time, he said, he
saw no other American vessels. 10 tne
customary question, Capt. Borden said that
In the fight the bearing OF Commodore Schley
was everything that was to be expected
OF an officer.
When Capt. Borden had finished his
testimony Mr.. Rayner announced that
the case on tho part OF Admiral Schfey,
was closed, and then a dialogue occurred
In relation to having certain papers put IN
evidence-to which there was 40 oolee-
tion on either side In the course OF tins
procedure Capt. Lemly announced that
he had received a telegram from Capt'
Manney Of the battleshlp Massachusetts,
reporting that the signal record book OF
that ship for the sPansh war mx TOE,d said aHi
search was being made for Il elsewhere.
This book IL wanted to see II II contains
the signal, do not go in any closer, when
the printed copy OF the 1owa's signal pook
shows was sent by Commodore Schiey
1903.
TESTIMONY IN REBUTTAL-
The first witness called by the Judge
Advocate In rebuttal was Lieutenant Com
mander Alexexander Grant OF the Massa-
chuaetts, and his story on the stand was
marked by lively legal controversy over
the admission OF his testimony. mr.. Grans
Lieutenant Comma nder Sears, Commodore
Schleys flag lieutenant. that during the day
Of firing on the Colon, May 81. 1898, he had not
In the ward room Of the Massachusetts,
n hnE
Schleys temporary flagship, when theIe
to permit the ship to 60 closer 70 the Colon
made this statement: For Gods sake,
don't discourage him II Is all we have been
able to do to work him up TO this the
firing on the Colon. Mr.. Grant, when
conversation In the ward room, said that
he had such conversation and mentioned
as being present the Navigator, Lieut.
Sears, lieut.. Glennon and Major Wood
There were perhaps sixteen others, he said.
sitting at the table-practically the whole
State what the conversation was.'
the Judge Advocate directed
I'VE object to that Mr.. Rayner In
terposed, and there followed long argu-
ment. Mr.. Rayner earnestly appealing
what Lieutenant Commander Sears said.
State your objection said the Judge
IT Is a self-evident one Mr.. Rayner
replied 'Heut. Sears has testified here
q certain conversation which was outlined
to him IN the question, and which is this
very conversation. He said he had not,
and the Judge Advocate Is bound by that
answer. This Is q collateral matter which
does not affect the issue, and the rule is
absolutely settled that counsel Is bound
in collateral matters by the answers OF
the witness and cannot bring up other
witnesses TO contradict him.
Mr.. Hanna argued against the validity
Of the objection and read from legal au-
thoritiee in support OF the Judge Advocates
contention. II the question, he said. was
material to the subject matter, then they
had a right to introduce the testimony.
He asserted that the question was not
what was said In the ward room, but whether
Mr.. Sears had conversation with Copmo-
dore Schley.
After Capt. Parker had said something
the Court went out TO consider the oo-
lection and on returning. fifteen minutes
later, sustained Mr.. Rayners objection
The witness was then excused.
CAPT sIosBKR RECALLED.
Can't. Charles d. Sigsbee. Chief Naval
Intelligence Officer. was recalled by the
Judge Advocate to give testimony In regard
TO the statements OF Admiral Schley. Cor.
respondent Graham, Ensign Marble and
Orderly Cronin. that he had, contrary to
his own testimony on the stand told Ad-
miral Schley that he believed the Spanish
| feet was not In Santiago harbor, and the
statement Of Photographer Hare OF Coz,
hers Weekly that Capt. Sigsbee had told
Santiago that Cervera was not there.
| When Capt Sigsbee took the stand an
other legal fight was made by Mr.. Rayner
| 70 keep him from testifytng Mr.. Rayner
wanted 20 know whether Capt Sigsbee
was called In rebuttal. and the Judge Adyo-
| oata aatA that the Wit nass WINS not called
| In rebuttal. but that he had right TO recall
| him for other purposes Mr.. Rayner ar
gued that II witnesses could he reca-.~t.
| 70 fortify testimony already given by them,
Judge Advocate had closed his case, he
| asserted.
| Capt Iemly denied that he had closed
his case. Il simply said that ] rested
he remarked. and that ! proposed 70 call
| further Witnesses i do not consider this
az a prosecution and defence, with night
of rebuttal and suT-rebuttal. A court Of
inquiry is intended 10 elicit all the facts.
and Ii there IL anything which N not clear,
| further witnesses can De called. ! am
| not going u object % your calling any
witnesses you may think necessary 10
Mir. Rayner-w While this inquiry n not
technically prosecution. II In n good deal
! like IL llaughterl. but no case could have
been conducted more fairly and .mJaT-
] tAhAll hihAAA N'@s' Aa-- 80
/ brother
Tho Judge Advocate There 10 not any
prosecution IN this case aud There never
1 was
] Mr. Hanna made q rather long nrEum"nt
in oplusitlOn 10 tl,s uhJuclpu Ito taid
that liiA side ~ the oaAa lad allpwrd every
t.rhnioal uls II law e. H. Invoked uu il'
,ther side That Nas gci."roni,y, u"l prus".
i cItlon Everything Nhich the lhN lhi
d.yi-.d to nui.ou and pfut"d aud defend
A man uldrf any slr - oi,hiE' iihi h+til
all1urd g. come in h,fr and hu inuui .sls u
M fANur - a.. applicant n,d aEali.fi hh
A wAs MA uutfagruuf and uuNafial.'d 81
-. ~ Nufds 49, tay that to rluil Naf =
prs-.utlun N u hat tah'n Lat - in
u vac through consideration and d d'ri'
/ 4. x.s rysfy appuuufliy 4" ils ali'A'in'
7 lln.-,lf ani nut o. Auy ulIs'rii. t""t'.u
/ Caut. pafksf read fium tlr NaNal h'gu
/ latini.s - iysi a. ri.Ys hot iil' ""id pn-
! rt,tl.fs Nas us-rd lu frirfrhs ia il" 'sf" ~
! a Judsr Advocate i-rtufr t.efis ~ intAhl
/ Aft1g fiHls.f argument ilsr "Haf' NWi
! o,it making any do .ri'h, t""h q I'''s -
fHs oOUHts pf1hi"h
Wl..u az, c.i.ft iuasss.ii.i.ifd 81 u.''ls's
Adinlfal lirwsy f.ad thi-'Hilii'n sia"
D i,.,Ut "a tLr rIalit't dnral.h sa a" 10 ah
in.s-.an ~ ',silmnr, ~ 'siH htAa'
Il,4. sas lls aa ,nlHh
] 10 saiH iaH rHiirshf'h 90 i'a'i''