Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-11-01
DEFENCE RESTS.
The SchIey Court Now Hearing
Testimony in RebuttaI.
An Important Ruling in SchIey's
Favor Regarding New Evidence.
Capt. Chadwick and Others Made Core, !icns
and Additions 10 Testimony.

Washington. Oct. 3l.-In the Schley
, court of inquiry, today, 4 number OF
| witnesses We're introduced by Judge
Advocate Lemly to testify in rebuttal
OF the evidence given on Admiral
Schley's behalf. Tie court decided
-al IN in the day that no witnesses
could be introduced at this stage of the
proc ceilings 70 give testimony on i'm
material points. This announcement
':as made in connection with an effort
I" prove conversation on board the
Nassa chusetts in which Lieut.. Sears
who was Admiral Schley's flag lieuten-
ant. was reported to have said: For
Gods sake. don't discourage him
tmeaning Admiral ScheyJ. 1t is all
TINT We have been able to do to work
him up to this"
II had the effect Of relieving Lieut..
Com. Grant. Lieut.. Com. Potts ana
otter officers Of the Massachusetts.
who had been called to testify of this
ieputed conversation involving Mr.
Sears. which was said to have occurred
on the Massachusetts just before the
reconnaissance of May 81.
on the other hand the court held
that il was not bound by the ordinary
procedure Of civil courts as to the time
when testimony can be taken. and
therefore witnesses might be called or
recalled by it at any time for the pur-
pose Of making additions to former
statements but that none Of them could
rciterate testimony previously given.
TIL decision was rendered. Capt
Chadwick testified that the order of
April 6 was received while the ship
was lying out he presumed. n couple of
days after it was sent. He did not
remember when that of April &c was
received. 1t was a telegram and prob
ably was received the same day or the
deE after. The other two orders. ne
said, We're stamped as received. May
N. although probably they were re-
crived from The Dupont on the night
81 the 18th.
capt. Chadwick concluded his tcSti-
monv at $50 O'Clock and the court ad-
iourn"d until tomorrow morning, upon
an objection raised by Mr.. Rayner To
allowing capt. Sigsbee TO give new
testimony when called as 4 witness for
rabuttal.
The witnesses called in rebuttal We're
Capt. Charles d. Sigsbee, Capt. Fran
Lieut.. John X. Roys and Chief Quar-
tcrmaster n. Anderson. all of whom
testified to incidents connected with
the campaign of 1898.
capt. Chadwick said today. that the
precautionary dispatches from the navy
department in regard to attacking the
Spanish shore batteries were not com
municated to Commodore Schley. This
I.1
portance by Admiral SchleyS oppo-
cnts, because it distinctly contradicts
the admirars own statements.
Before these witnesses were intro
duced for the department the court
heard Capt. r = Borden of the Ma
rine Corps who served on the Brook
lyn. in Admiral Schley's behalf. He
was the last of the admirals witnesses
and he testified that the admiral bore
himself honora bly, during the battle Of
July :.
Captain r. $. Borden was called as
the first witness of the day and as the
last witness who was to testify in Ad-
miial Schley's behalf. 1t had been
expected that Admiral Barker would
be called. but it has latterly been de
cided that his testimony if given would
not be material. Captain Borden is an
officer in the marine corps and served
on the Brooklyn during the Cuban
His testimony was there
fore. largely corroborative Of the evil
Iencc which has heretofore been given
by others who We're on the Brooklyn.
Captain Borden said he had been
~ al ha pr,nL.lN.n
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