The age-herald., 1901-10-13
4 Will Say t is Fa|se,' , Says RayneT, If Stated Out
 of Court
EXCITING TIFF IN ScHLEY CASE
Mir. Rayner Seeks to introduce New Chart Showing Speed of Flying Squadron-The Governments
 Case Will End Monday.


 of inquiry held but one session today. Captain Chadwick concluded his testi- mony and Lieutenant Commander Sidney A. Staunton, who served on the New York as an assistant to Captain Chad wick, as chief of staff for Admiral Samp- son, and Lieutenant Nathan O. Twining. formerly of the Iowa, were introduced as new witnesses.
 Commander Stauntons testimony dealt largely with dispatches forwarded by Admiral Sampson to Commodore Schley and while he was under examination MT, Rayner outlined a contention in behalf of Admiral Schley to the effect that the dispatch written on May 27 was the first positive notice that the commander-in- chief had given Commodore Schley of the presence of the Spanish fleet in the harbor of Santiago. Lieutenant Twin ing said in his testimony that while the flying squadron occupied a position of from three to five miles out from Glen fuegos during the daytime the distance was increased to from seven to nine miles at night. He was In charge of the eight-inch guns during the. bombardment of the Cristobal Colon on May 31 and he said that all the shots from the American fleet fell short of the mark.
 Engaged In Controversy.
 Near the close of the days session, Judge Advocate Lemley and MT. Rayner became engaged in controversy over showing the speed of the vessels of the flying squadron, and when Mr. Rayner made statement concerning the matt CT to be introduced the judge advocate took exceptions to it's reception. sayina MT. Rayner's summary might be inaccurate. as other statements made by him refer ring especially to the contents of doou- ments presented had been. : Mr. Rayner resented the expression and replied to the effect that if uttered out side of the court room he would say that 1t was false. Before the court ad- journed both MT. Rayner and Captain Lemley made statements concerning the incident to the court and Admiral Dewey expressed the opinion that Cap tain Lemley's explanation should be sat- isfactory to Mir. Rayner.
 Chadwick Examined.
 When Captain Chadwick took the stand, MT. Rayner formally addressed the court, requesting permission to ask the witness two questions which he outlined. He called attention to his question put to Captain Chadwick yesterday, concerning a telegram of congratuation which Ad- miral Sampson had sent to Commodore Schley on May B. He had asked the wit ness if he remembered that message and the witness had replied that he did re- member 1t quite well and added: Be cause I protested against this congratu- lation." MT. Rayner said that this last expression was purely voluntary on Cap tain Chadwicks part and was not neces- sary in response to the inquiry.
 The questions which he stated to the court were as follows:
 .'First-When did you first learn of the existence of dispatch No. g?
 "Second-Did you then in protesting against the sending of this congratulatory dispatch refer to his blockade of Cien- fuegos in dispatch No. ST'
 Admiral Dewey stated that the court had no objections to the questions and Captain Lemley said he would not object providing he could cross-examine on the points raised.
 MT. Rayner did not concede this right, but before the point was decided MT. Rayner asked his first question as previ- ously given to the court
 After reading the dispatch in question the witness said:
 T was informed of It's purport at the time 1t was sent to the Marblehead."
 Did you see it when it was sent to the Marblehead?"
 'I did not read 1t"
 ssWhen did you first read it?'
 .I did not read the original dispatch until the answer was received from Com modore SchIey. brought by the Hawk"
 .l1.- ship was at a point between Havana and Cape Francis in the vicinity of Cape Pedras?'
 "Yes."
 Did you have the blockade of Cien- fucgos in mind when you protested against the sending of the congratulatory dispatch?"
 May ask if you mean I had that only In mind?'
 q do not mean that. mean whether you had 1t in mind at all?'
 ''I can say I had it partly"
 Captain Chadwick also said that he had drafted Admiral Sampson's second dis patch of May 21, the one sent from Ha- vana, and while the dispatch sent from Key West designated as No 8, was sent at 3 o'clock. the second was sent between and o'clock
 Captain Chadwick was then excused and Lieutenant Commander Sidney A. Staunton was called. Before the witness took his seat Judge Advocate Lemley asked and received pernnission to put in as evidence Admiral Sampson's official report made at Guantanamo Bay August 8. 1s9S.
 First News of Spanish.
 Lieutenant Commander Staunton re- lated the particulars of his securing i'm formation of the presence of Cerveras fleet at Santiago. He said that while the fleet under Admiral Sampson lay at Key West on the morning of May 20 he went ashore. While in the office of Commo- dore Remey he said that Captain Allen of the signal office had called him aside and told him that he had received infor- nation of the presence of the Spanish fleet at Santiago which he believed to be correct The information was to the ef- feet that the fleet had entered the harbor or May 1s. The information came from an employe of the telegraph office at Ha- vana. who could only send his informa-