The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1901-11-08
COURT NOT BOUND By CIVIL RULES
NEW WITNESSES AND NEW TEsT1. i
MoNY ADVISABLE AT
ANY TIME.
sIGsBfE AND CHADWICK AGAIN,
ROTH FLATLY CONTRADICT Evf--
DENCE GIVEN ny ADMIRAL
SCHLEY.

Washington, Nov. Pin the Schlcy
court of inquiry yesterday a number
of witnesses were introduced by Judge
of the evidence given in Admiral,
Sch]ey's behalf. The court decided
early in the day that no witnesses
could be introduced at this stage Of
the proceedings to give testimony on,
immaterial points. This announce
ment was made in connection with an
effort to prove a conversation on board
the Massachusetts,, in which Lieut..
Sears, who was Admiral Schleys flag
lieutenant, was reported to have said:!
For Gods sake don't discourage him
(meaning Commodore Schley); it is all
that we have been able to do to work
him up to this
It had the effect of relieving Lieut..
Commander Grant, Lieut.. Commander
Potts and other officers of the Massa-
chusetts who had been called to testi-
fly concerning this conversation with
Mr.. Sears which is said to have oc-
Cured on the Massachusetts, just be-
fore the reconnaissance Of May 81. On
the other hand the court held that 1t
Was Not Hound
by the ordinary proceeding in civil is
sues as to the time when testimony
can be taken, and that witnesses might
be called or recalled at any time for
thu purpose of making additions to-
former statements, but that none Of
them gould refterate testimony previ-
ously given. This decision was ren-
dered on an objection raised by Mr..
Rayner to allowing Capt. Sigsbee to-
give new testimony when called as a
witness for rebuttal purposes.
The witnesses called in rebuttal We're
Capt. Charles d. Sigsbee, Capt. French
E. Chadwick Capt. Joseph G. Eaton,
Lieut.. John H. Roys and Chief Quar-
termaster Neil Anderson, all of whom,
testified to incidents connected with
the campaign of 1898.
Capt. Chadwick in his statement yes
terday said that the precautionary dis
patches from the navy department in
regard to attacking the Spanish shore
batteries had not been communicated
to Commodore Schley. This statement
is regarded as Of great Importance by
Admiral schley's opponents, as it dis
tinctly contradicts the admiral's own
statements.
Capt. SiEsbec Tcstifies.
Capt. Sigsbee testified !, concerning
his interview on the Brooklyn with
Commodore Schley. Capt Eaton was
the commander of the dispatch boat
Resolute during the war and his testi-
mony related to events which occurred
just before and just after the battle ON,
July 8. Lieut.. Roys served on board
the Eagle and his statement bore upon
the Eagles meeting with the Brooklyn
when the latter was en- route to Cien-
fuegos and again while the flagship
lay off that port. He stated that Lieut..
Commander Switzerland had asked
not to be sent to Port Antonio for coal
and had asked to be allowed to coal
from the Merrimac Mr.. Anderson was
chief quartermaster of the BrooklynI
during the Spanish war, and was at
the wheel during the battle of July 3.
He said that Commodore Sshley had
given the order of hard aport" butt
that when the order was given the ves-
sci was then hard aport. Before tllese'
witnesses were introduced for the de-
partment the court heard Capt. T. ST.
Borden of the marine corps, who.
served on the Brooklyn. in Admiral
Schley's behalf. He was the last OF
the admiraTs witnesses and he testi-
fed that the admiral had borne himself
honorably during the battle Of July g..