The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-10-13
WAS A SCHLEY DAY.
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already in evidence, and Mr.. Hanna
took the witness for redirect examina-
ton. He began by asking if he knew
the reason for the lapse of time be-
tween the sending of dispatches by
the Evwk and the Wasp. To this in
quiry Mr.. Rayner objected, and there
was quite prolonged argument on the
part of counsel on both sides as to the
admissibllity of the question. Mr.. Han
ma stated in the course of his Argu-
ment that the matter could be fully
explained. but said that if the court OBJ
Jected he would not press the matter,
whereupon Admiral Dewey remarked:
Had Better Not Ask 1t.
you had better not ask that ques-
ton"
Mr.. Hanna: 81 will ask whether the
witness does not know something about
it. / think can develop facts which
he does not know as to the circum-
stances under which they were sent"
Admiral Dewey: LAS l have stated
before, we want facts--facts!"
Mr.. Hanna; Il will say, if the court
has no objection, that the question
have in mind is whether or not this
order of May 81, this memorandum, was
sent under circumstances of exigency
was communicated to the man who
carried it and that he was instructed
to deliver it as such and to so inform
Commodore Schley."
Rayner Makes a Good Point.
Mr.. Rayner: you have to prove that
Commodore Schley was informed.
What was the occasion of hurried
order? 1t could not have been hur-
ried very much. This is an important
branch of the case. These are official
communications, and we ought rot TO
be bound here by what took place hun
dreds of miles away from where we
were Here are the dispatches. Why
any verbal testimony on this? 1t opens
the whole field in this case. If you can
go into it we certainly ask to do So"
The incident was closed by the With
drawal of the question.
At this stage of the proceedings Capt.
Lemly introduced as part OF the rec
ord two letters from Commodore
Schley to Admiral Sampson, both
dated May 20, 1898, the first saying that
he was by no means satisfied that the
Spanish squadron was not at Cienfue-
gos, and the second telling of the in
formation he had received through the
British steamer Adula. He said that
he presented them because they bear
upon IIllS UldllcE VI lllC ANSNiPk Va 0AS
patches.
Rayner and Lemly Lock Horns.
A somewhat exciting incident here
arose between Judge Advocate Lemly
and Mr.. Rayner. When Lieut. Com
mander Staunton was excused Mr.
Rayner asked leave to present as evil
dence a supplementary chart prepared
by Lieut.. Dyson of the Bureau of
Steam Engineering, showing the speed
of the vessels of the flying squadron.
Capt Lemly objected on the ground
that this evidence Wa not pertinent
at this stage of the proceedings.
Mr.. Rayner replied that it had been
agreed between counsel that it should
be put in and that he wanted to intro
duce it before the testimony got too
far away from the evidence bearing
upon the coal supply.
Capt. Lemly said he had witness
present and wished to proceed with
the taking of verbal testimony.
Admiral Dewey: What objection is
there?"
Capt. Lemly: 81 do not think it is
the time to do it, SIR
Admiral Dewey: 1.-THE witness can
come down Monday. Unless there is
some reason why it should not go in
now it is courtesy due to the coun-
sell What objection is there? We want
to know the objection
Mr.. Rayner here undertook to read
statement accompanying the chart,
when Capt. Lemly, rising, addressed
the court saying with reference to Mr..
Rayner:
Said Rayner Was Inaccurate.
He is not accurate in his statements,
if the court please. On the contrary
he is very inaccurate. He holds a pa
per before 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 Mr.. Rayner 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 co ut
1 will say it is false"
Capt. Lemly: IF he states that out
side the court it is another matter, but
if he states 1t in the court it is highly
improper"
While counsel were still talking back
and forth at each other Admiral Dew
ey arose and administered the oath to
the next witness, Lieut.. Nathan c.
Twining, formerly of the battleship
Iowa, who had been awaiting to be
called while the colloquy was in prog
ress. Lieut.. Twining's testimony COW
cred points already covered as to the
siege of Cienfuegos and the lombard
ment Of the Cristobal Colon in the har-
Dor at Santiago on May 81.
Rayner Speaks of Lemly.