Evening star., 1901-10-30

same category as the other dispatches
which were not sent"
| Mr.. Hanna: This Is not an official paper.
1t has really no existence whatever"
Mr. Rayner. That does not touch the
question. The admiral is being questioned
with reference to reports that he made in
| 19O0. Why has not he the right here to nave
this report, which does not bind anybody
It Is his statement of the battle. Why has
| he not right to read it?'
| Admiral Dewey: THE court does not
| want it,
Mr.. Rayner: HAS he right to read 1t
| himself?"
Admiral Dewey: HE has right to read
1t himself, but not aloud"
| Mr.. RaynerA'This letter was sent to Ad-
| miral Sampson and was returned"
| know thatT'
| Mr.. Rayner-"We want to prove that
| fact
The judge advocate-"The letter shows on
| its face that it was not sent
Mr.. Rayner-"But suppose the admiral
testifies that it was sent? Just let me ask
/ him the question:
Then addressing the admiral: Now. ad-
miral, do not answer this question. / want
| to see If it is objected to-. Was that letter
| sent?'
A pause ensued for moment, and then
| Mr.. Hanna arose and said: I'VE object to
| that"
Mr.. Rayner--''well if I can't ask If the
| letter was sent can't find out il it was
! sent"
The Courts Ruling.
| Admiral Dewey-"It has the same stand
| ing as the dispatch the court decided was
| not sent. 1t is marked Not SENT and we
| do not know
| Mr.. Rayner-"We can explain that mark.
| which is erroneous. 1t was absolutely sent.
| We can PROVE that. If there was anything
| in the letter which was Objectionable it
| would be different"
i,,de
| am ready to go ahead with the cross-ex-
animation on new line"
| There was considerable discussion be-
| tween counsel as to the right of the admiral
| to read the letter in his letter book, it
| being objected to by the judge advocate.
| Admiral Dewey decided that the witness
| might read it to refresh his memory, but
| that it could not be read aloud to go into
| the record, as 1t would be considered in the
! same category with other letters and tele-
| grams that had not actually been sent
| After refreshing his memory, Admiral
| Schley said:
The Report in Question.
This letter which appears in my letter
press copybook was a preliminary report
Of the engagement Of July to the COM
| mander-in-chief. That report which was
| carried to the commander-in-chief con-
tanned details that he might have wished
| to telegraph When / got back on board
| my ship he signaled me to come on board
| the flagship again, which 1 did. He hand
| ed the report back to me. and there was
nobody but himself and myself in the cabin
| at the time, and from the conversation
| had with him was led to believe
The judge advocate objected to having the
witness state what he was led to believe,
and said that he could only give the con-
| Versation.
The witness continued: "He handed back
| to me that report with the statement that
| he was commander-in-ehief, and that had
| omitted very important details, that the
| New York was present. 1 felt that the vic
! tory at that time was big enough for ALL
| and 1 made a second report to him in gen.
erosity. because knew that the New York
| was not there. That was the reason for
| the second report
| Q. (by the judge advocate). Were not the
Indiana, Texas and Iowa out Of sight and
| unable to see your signals during most of
| the action, after the movement had begun
! toward the harbor entrance at Santiagoy
| A. At times they were Whether they were
| out of sight when the signals were flying
| do not know.
| known as No. TO- which gave him positive
| instructions to proceed to Santiago, and
| which he has testified was not received by
| him until June TO- was delivered to him,
| but he could not recall how the dispatch
was received.
| The Alleged COllOquy.
| He was asked what conversation he had
| with Lieut.. Hodgson before the beginning
| Of the loop. He answered:
II do not recall a single word of CONVEX
| sation beyond Lieut.. Hodgson making a
| report to me that the squadron was coming
| out. I remember only that he said some
thing about the Texas being in our vicinity
! somewhere, and 1 looked and saw her. I
| do not remember and never have been able
| to remember any other words"
He was asked whether he had given
| Lieut.. Hodgson's letter of June IL 1890
| which contained a denial Of
on the Brooklyn, for publication in whole
or in part.
He replied that the accompanying letter
| of explanation he had not given out, but
| merely gave out a brief letter of denial for
! publication.
c. Did you not publish the categorical
letter without the accompanying letter Of
explanation? A. Unquestionably yes. Sim
| ply because the accompanying letter was
| confrmatory of the original.
| Q. What do you mean by the original?
| A. The letter containing the terms, etc.
| Q. You do not mean that the accom-
| panying letter was confirmatory of The
categorical letter? A. Yes.
The witness then read the letter which
! explained the interview with the Sun re-
| porter. in which Hodgson explained his in
F.! terview with the Sun reporter and said 1t
| was garbled account Of what took place.
| 9. Now. want to ask you what you did
| subsequently to set Hodgson right before
| the country? A. 1 did not do anything, be-
| cause the department had ordered an inves-
tigation, and that stopped me from doing
| anything.
| He was then asked the date Of the letter
| from the department ordering the investiga-
| ton, but could not remember.
| This concluded the cross-examination by
| the judge advocate. At 2:36 o'clock he an
| nounced: Il have no further questions to
ask the Witness" and turned to Mr.. Rayner
! Mr.. Rayner-"I have no questions to ask"
Admiral Dewey-"The court has some
| questions"
| Questioned by the Court.
| Admiral Benham then handed Admiral
Dewey a number Of questions written out
| and the judge advocate arose to go around
| to get them, when Admiral Dewey motioned
| for Mr.. Hanna to get them.
Before the courts questions were asked
| the letter from Admiral Schley to Admiral
Sampson dated July 10, 1898, and accom-
| panyfng dispatch were admitted in evil
| dence. This letter stated that Admiral
Schley felt mortified at the account in the
American papers Of July 8, giving him
| credit for the victory.
had haop