The Montgomery advertiser., 1901-10-13
LEMLY AND RAYNOR
 IN A CONTROVERSY
Continued from Page one.)

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 ing the date of the last report received. You will please proceed with all possible dispatch to Santiago to blockade the port If on arrival there you receive informa- tion of the Spanish ships having left. you will follow them in pursuit. Very re- spectfully, w. T. Sampson"
 Mir. Hanna: What Is the first positive order?"
 MT. Raynor: May 27th."
 Mir. Hanna: Did he receive 1t on the 27th?"
 MT. Raynor: "He never received 1t on the 27th" (after being prompted by Admi- ral Schley.) He got it on June 10th.''
 MT. Hanna: How is it possible then he can be affected by any order after all that lapse of timer"
 Mir. Raynor: That is just what we want to prove. that he had no orders ex- cept those contained in dispatches Nos. and g.
 Mir. Raynor then repeated his desire to offer the dispatch of May 27 in evidence, and after a colloquy between Mir. Raynor and Judge Advocate Lemly, MT. Hanna retorted that there was no objection to putting 1t in except thati was obvious ly intended to reflect on a person who is not under inquiry
 To this MT. Raynor responded that it was not intended to reflect on any one but that it was intended to prevent a reflection on Commodore Schley."
 It was decided that the dispatch was already in evidence and MT. Hanna took the witness for redirect examination.
 He began by asking if he kenw the req son for the lapse of five or six days be- tween the sending of dispatches by the Hawk and the Wasp. To this inquiry MT. Raynor objected and there was quite a spirited argument on the part of counsel on both sides as to the admisSbility of the question.
 MT. Hanna stated in the course of his argument that the matter could be fully explained but said that if the court ob- jected he would not press the matter. whereupon Admiral Dewey remarked:
 You better not ask that question"
 MT. Hsnna-'I will ask whether the witness does not know something about 1t. I think can develop facts which he does not know as to the circumstances under which they were sent"
 Admiral Dewey-"As have stated be- fore, we want facts"
 Mir. Hanna-'I will say, if the court has no objection, that the question I have in mind is whether or not this order of May 21, this memorandum. was sent under circumstances of exigency as a hurried message, and that that fact was communicated to the man who carried 1t and that he was instructed to deliver it as such and to so inform Commodore Schley"
 Mir Raynor: You have to prove that Commodore Schley was informed. What was the occasion of a hurried order? It could not have been official communica- tion sand wa ought not to be bound here by what took place hundreds of miles away from where we were. Here are the dispatches. Why any verbal testimony on ihis? It opens the whole field in this case. If you can go into it. we certainly ask to do so."
 The incident was closed by tho with drawal of the question.
 At this stage of the proceedings Cap tain Lemly introduced as a part of the record two letters from Commodore Schley to Admiral Sampson, both dated May g, 1898. the first saying that he was by no means satisfied that the Spanish squadron was not at Cienfuegos, and the second telling of the information he had received through the British steamer Aduia. He said that he presented them becaues they bear on this matter of the receipt of dispatches.
 A somewhat exciting incident here arose between Judge Advocate Lemiy and Mir. Raynor. When Lieutenant Commander Staunton was excused, Mir. Raynor asked leave to present as evidence suppre-, mentary. chart prepared by lieutenant Dyson, of the Bureau of Steam Engineer ing showing the speed of the vessels of the flying squadron. Captain Lemly objected on the ground that 1t was not pertinent at this stage of the proceed ings.
 MT. Raynor replied that 1t had been agreed between counsel that it should be put in and he wanted to introduce 1t be- fore the testimony got too far away from the evidence bearing upon the coal sup ply
 Captain Lemly said he had witness present and wished to proceed with the taking of verbal testimony
 Admiral Dewey: What objection is there?"
 Captain Lemly: 'I do not think it is time to do 1t, sir"
 Admiral Dewey: "The witness can come down Monday: Unless there Is some req son why 1t should not go in now 1t is a courtesy due to the counsel. What ob- lection Is there? We want to know the objection"
 Mir. Raynor here undertook to read statement accompanying the chart when Captain Lemly. rising, addressed the court saving in reference to Mir. Raynor:
 He is not accurate in his statements, if the court please. On the contrary he Is very inaccurate. He holds a paper be- fore him and reads what is not on that paper. He has repeatedly done it..
 There was a ripple of laughter through the room when this statement was made. and some persons inside the railing joined in it, but it was noticed that MT. Raynor did not accept the remark as intended to be good-natured. His face was flushed when he replied which he did without rising, saying: If he states that outside the court, l will say it is false"
 Captain Lemly: If he states that cut side he court it is arother matter, but if