The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-05

fact that his statement was that he was
commanding a vessel that was one-tenth
of mile long. and that she could not turn
her engines over under 150 tons of coal a
day, also that he could not remain there
Key West"
Had you, as a matter of fact. made up
West?''
Il had not"
Admiral Schley then referred to his con-
versation with Admiral Sampson regarding
his instructions about not bombardlng
Qualifications as follows: Il ought TO
had with the admiral in relation TO
his Instructions about not bombarding
Notifications thst l recall the fact that he
and l were talking about the guns that
were probably there, and l asked him
whether he knew If they were HOntoria or
krupp guns. He said, probably both and
that recalls the circumstance to me. And,
again, In relation 10 the testimony of Lieut.
Roys-"
The Judge Advocated done think the
purpose of calling the witness TO revise his
| testimony is TO enable him to contradict
witnesses who have been on the stand.
This led TO an argument, which Admiral
Dewey ended with the remark: The court
has no objection 10 the admiraFs reference
to Lieutenant Roys.
Admiral Schley-I merely wanted TO say
in connection with Lieutenant Roys's tesu-
mony that / heard nothing of the protest
which he speaks of-of the desire or Lieut.
Switzerland TO coal. L am quite sure he Is
mistaken about that, because it would nave
been impossible that day for that snip 10
coal"
The Judge Advocate-In your detailed
statement to the Senate you stated, IN Ell
feet, that the Eagle, when detached ana
sent to Port Antonio, reported days coal
more or less.
yes"
Now you stated in your testimony that
you were informed by the commanding Of
ficer of the Eagle, through signal or other
wise, that the Eagle was then dangerously
short of coal and that he had on board one
days supply, more or less.
Yes, that was the message.
THE EAGLES COAL.
''You stated in your testimony, in eff
feet, that you did not remember the sig
nails recorded in the Eagles signal book
and in the BrookIyn's. In your dispatch,
however. which you sent on the morning
of May q, you stated that the Eagle, when
sent to Port Antonio, had twenty-seven
tons Did you not?''
81 did. That was the next day"
Captain Lemly at this point, invited the
courts attention to a signal in the original
signal book of the Iowa. Don't go in any
Closer" about which there has been dis
cuSSiOn.
Admiral Schley was then finally excused
and Captain Lemly offered large number
of documents as evidence. Before taxing
the usual recess for luncheon, Mr.. Rayner
mral Schley, and when asked II he had any
objection to its going in Captain Lemly re-
piled: None at ALL but called attention to
the fact that il was commission dated
Aug. 10, 1898, issued during recess of Con-
gress and that the words, Nominated by
and with the ADVICE and consent of the
Senate" were stricken out. 1T will APP
pear, of course" said Captain Lemly, Eek
actly as ii appe airs here
Captain Parker-This commission was is
sued under tn, law that authorized 1t FER
gallant conduct in battle.
In reply To a question by Admiral Dewey,
Captain Lemly said: lit is signed by the
President. 1t was a recess appUInrm ent,
but the court will remember ~hat none of
those ad interim appointments was con-
frmed by the Senate"
Admiral Dewey-It is valueless if it has
not been confirmed by the Senate. 1T can
go in, but it has no value, of course
At this point the court took recess until
2 o'clock.
When the court convened after recess
Admiral Dewey handed to Captain Lemley
and the latter read the following an
nouncement: THE court states that while
| it has admitted TO it's record a document
presented by counsel for the applicant,
which was issued to the applicant by the
| President of the United States on Aug. 10,
| 1898, the court does not recognize such doc
| ument as the commission under which the
| applicant holds his present office in the
| navy"