The San Francisco call., 1901-11-05

Admiral Schley's behalf concerning the
controversy as to what Captain Sigsbee
communicated to Admiral Schley when he
arrived OF Santiago in May. 1898. One of
these witnesses was Frank B. Richards
and the other George Lynch. both of New
York, and both newspaper correspondents
who were on duty In Cuba and in Cuban
waters during the war with Spain.
Lynch was on the press boat Somers n.
Smith and Richards on the Premier.
They were to have testified concerning the
meeting OF these vessels with the st. Paul,
Of which Captain Sigsbee was in COM
mand. The court decided. however, not TO
hear them.
The opening speech of the argument in
the case was made on behalf of the Gov
ernment by E. P. Hanna, assistant to the
Judge advocate. He began his presenta-
tion Of the case few minutes after the
court convened at 2 o'clock and when the
court adjourned. two hours later. he had
not covered more than half of the ground
covered In the controversy.
Documentary Evidence.
Captain Lemly submitted for the con-
sideration of the court a large mass of
documentary evidence. including Captain
Goodrich's report concerning cable cutting
made on April %. 1898; the reports made
by Captain Philip Of the Texas, Captain
Higginson Of the Massachusetts,. Captain
McCalla of the Marblehead and Captain
Cotton of the Harvard, Commodore
Schieys report Of May 80, Captain Wise's
report Of the operations Of the Yale OF
Santiago. the log Of the Spanish ship Cris-
tobal Colon. Admiral SIMPSONS order to
Captain Foiger Of the Scorpion. all the re-
ports Of the commanding officers Of the
battle Of July 3. Commodore Schley's let
ter to the Senate, one OF Captain Sigs-
bees letters and also the letter Of the Sec
retary Of the Navy to the Senate.
The first witness to take the stand to-
day was Captain Sigsbee. who was re-
called for the purpose of correcting his
former testimony. While he was on the
stand Raynor asked him IL he had mega
phoned or otherwise communicated to the
press boat Premier, while on santiago.
Santiago. The witness replied that he had
not done so, although he would have been
justified In saying SO II he had thought 1t
proper under the circumstances OF war.
When Captain Sigsbee was excused Cap
tain Lemly announced that he had no
more witnesses to call.
Frank B. Richards was then sworn.
Richards stated that he was on the dis
patch boat Premier during the Santiago
Campaign and that the boat was hailed by
Captain Sigsbee on the night of May "a
or Nav rs.
Lemly's Objection Sustained.
At this point SdptdiH l<cLuly OOJeCteQ 10
this line Of evidence on the ground that
Commodore Schley was not present dur
ing the conversation, also that 1t was not
material to the issue.
Raynor claimed that this alleged con-
versation with Captain Sigsbee was one OF
the vital points Of the case. That It bears
specifcations of the precept. Raynor said
he did not desire to impeach the credibil-
itv OF Captain Sigsbee. but would en-
deavor to impeach his recollection.
After q short argument by Hanna In
support OF Captain Lemly's objection the
court retired to consider the point raised.
When It returned Admiral Dewey an
nounced that "as the testimony OF this
witness Is not considered material to the
CO Sc the objection was sustained in ac-
cordance with the courts previous rul-
ing"
Lynch could testify and Admiral Schley
took the stand for the purpose Of correct
Ing HIS testimony.
The admiral was suffering from a severe
cold and his voice was quite hoarse. He
his testimony. Most of these corrections
were OF typographical errors or the