The age-herald., 1901-10-10

lection said to the witness: If you are not positive shall submit to any correc- ten"
 The Judge Advocate: The witness has not stated that he was positive. Admiral Dewey: I would rather you would not interrupt the testimony. The Judge Advocates: If the court tells me I cannot do 1t, l will submit to the order of the court. Admiral Dewey: If counsel for the ap- plicant had put words into the mouth of the witness which he did not utter. you (addressing Captain Lemley) can bring 1t out at the proper time. You will have an opportunity to do that The Judge Advocate: That Is not the advantageous time to do 1t. The ad- vantageous time Is when it Is done. Stands to Ills Estimate. Mir. Rayner: In order not to put any words in your mouth, which is an unfor- funate insinuation because am after the truth, will give you an opportunity l now to make full explanation as to | whether you stated the elevation of these batteries to be between 100 and 200 feet. "I did state that" "Did you not state to me, you are as | positive about the other distances you have given in the case?"' 'I did"
 Do you still stand to your statement? Is the map wrong and are you right?' 'I still stand by my statement. I had not seen the chart when l prepared my statement"
 MT. Rayner asked the witness whether there had been any menace to any of the American ships on July from the shore batteries
 Lieutenant Bristol replied there was danger to the Gloucester, because that vessel was unarmored. He said that he did not consider the New York in dan ger.
 MT. Rayner then read from report by Secretary Long saying that on that day the New York had sustained the un- divided fire of the shore batteries"
 Do you still state in view of that statement that the shore batteries did not amount to anythingY
 You asked my opinion" the witness replied, "and I have given 1t to you"
 Admiral Dewey: We don't want opin- ions"
 At the request of MT. Rayner the wit ness made measurements from his chart to show the distance the Brooklyn was from the Spanish fleet during the fight off Santiago. The reply was:
 The distance of the Oquendo from the Brooklyn, taken from the chart just be- fore the turn. is 400O yards; the Maria Teresa 3700 yards. Taken from the, chart
 
 were about to run ashore. which is prac- tically the nearest point, the Oquendo was 2SO0 yards from the Brooklyn. and the Maria Teresa SUOO yards.
 Trying to TangIe Witness.
 Quoting Lieutenant Commander Hodg- sons statement that the shortest range of the Brooklyn in the battle was 1400 yards, and her greatest 2500 yards, and referring to the fact that number of the Brooklyns 5-inch shells had struck the Spanish ships. MT. Rayner asked a num- | Der of questions for the purpose of show ing that if the distance was as great as | the chart shows, and the guns were set | for the range given, 1t would have been | impossible for the shots to go to the mark Isn't it correct" he asked, If the shots struck that the chart is incor- rect?"
 Witness replied that the Maria Teresa and Oquendo could have been hit with B. | inch guns.
 | With guns set at that ranger ''Yes, she could do 1t. I have seen some I very wild fire when ship has any m otion on."
 Rear Admiral Taylor Called. | Rear Admiral Taylor was then called In. In reply to question from the judge ad- vocate as to whether he had observed the position of the Brooklyn at the time | of the beginning of the battle he said: Just before the beginning of the battle | I did, and on two occasions thereafter. 1 When the battle had been on about ten or | fifteen minutes my attention was at | tracted to the Brooklyn by my signal officer, Captain Damson. He said to me that the Brooklyn must be injured, or words to that effect, as she was dropping out of action. I observed the Brooklyn heading apparently about south or off shore
 ''The Texas yves apparently lying still | in the water. I did not see whether she was backing or not. The distance be- tween those two ships was impossible to 1 determine, as they were too nearly in a line for me to judge the distance between them. I simply observed that there was a bunch of ships ahead of me. Not more than few minutes later my attention I again turned to the Brooklyn. She had then proceeded distance not over two
 miles and not under one mile from the 1 time I had seen her first and the second I time saw her. as near as I could figure | out, she was one and a half miles to 1 seaward of our column of battle. After wards she passed Into the thick smoke which was lying about in patches" a
 The witness continued; T took no further notice of her. On these two oc- casions. however. my recollection is very | near to what stated" Judge Advocate: Did you see Ger vera's vessels when they came out of 1 Sentiago harbor?' s.Yes sir
 What direction did they take first after getting out, and far outside of the harbor were they when they changed their direction7' Their change appeared gradual, port | ing their helms as they cleared the mouth of the harbor and proceeding. per- haps, with changes of course of 1 or 9 points at time until they were in line parallel with the shore.''
 No Attempt at RammIng.
 '.Did you observe whether there was any attempt on the part of any of these l vessels to ram any of the vessels of the American squadron." 1 'I observed that there was no such att tempt"
 When the judge advocate had conclud- ed his interrogatories, MT. Rayner began I his cross-examination in an effort to in- | troduce several signals which had passed l between the Indiana and Admiral Samp- sons flagship in the early morning of | July B. 1898.
 l Captain Lemley made immediate ob- l lection, and MT. Rayner presented an l earnest plea to be allowed to read the | signals. He was not permitted at that
 time to do so. but 1t Is understood the l signals which he desired to introduce as 1 having been sent from the New York to | the Indiana were dated at s:10 o'clock a.
 m. of that day and was an invitation from the flagship to accompany her to