The Montgomery advertiser., 1901-10-31

" Lemly, to which Admiral Schley replied: i.ever sta,ed that, because thought 1t was evident l never stated it for three or four reasons. There are several other reasons we could perhaps conjure up about 1t. 1 have them in mind. I have stated in relation to the Senate document that the matter was prepared very hur- riedly and here l have stated the general purposes or at least what the movement was intended to accomplish,
 Did you have each of these various reasons in mind at the timer
 Probably all of them and others" Y The Judge Advocate then took up Ad- miral Schley's report of the battle made Bay. July 6. 1898, and he was questioned of the statements made therein. attention being called to the statement that after the Viscaya had struck her colors the signal was made to cease firing and the following sentence: .-t.
 ''The Oregon having proved vastly fast CT than the other battleships. she and the Brooklyn, together with the Texas and another vessel, which proved to be your flagship. continusd westward in pur- suit of the Colon. which had run close in shore, evidently seeking some good spot to beach if she should fail to elude
 You wrote that?" asked Captain Lem-
 "Yes." replied Admiral Schley. "and l can explain the whole thing If you Will
  port I made that was returned Captain Lemley-I have no objection 10 your preliminary report, unless 1t comes uf der the rule that 1t was not sent. Was Sent and Returned. Admiral Schley-It was sent and re- Captain Lemley-I think I have right | to continue and not have them insert oth- | CT evidence at this time Mir RaynOr-I differ with you on that. ! I iplx ,yyh a Witna9S is asked d uueS- | ton
 | Admiral Dewey-The information con- | tained in tfat report which was not sent | can be drawn out in some other way | The court has ruled it out because it | was not sent A good many questions | have been asked. You might ask some | more.
 Mir. Raynor-It is not quite three days
 Captain Lemley-I do not want to an- | swer that. MT. Raynor-I want to read this re- Admiral Dewey-The court has decided that it would better be drawn out i'll some other way. We have ruled out all Mr. Raynor-This was sent. This is not the report that was sent to the tele- graph office.
 Rayner Wins Point.
 Admiral Dewey-Oh. l beg your par don.
 = 0aDtaln .IIeHlley anu iNoy iiCi opi' tinued the discussion for some time. The former charged that Mir. Raynor's pur- ! pose was to interfere with the cross-ex- animation. Admiral Dewey finally put an end to the discussion by saying that II | there was no objection to bringing in the | report at another time 1t coul1 he brought | in at this time. Thereupon Captain Lem- | ley withdrew his objection. The damage has already been done, | said he; it is for the purpose of destroy | Ing the order of the cross-examination. | and that is now accomplished. lie has | already accomplished all the damage he can do."
 At this point. the hour of o'clock hay ing arrived. the court took recess for | After reeess Captain Lemley laid be- fore the court Admiral Schley's press | copyhcok containing copy of his let ter embracing his first report to Admiral | Sampson of the bs tile of Santiago which | had been returned. Gnd there WasJ moro ! contention between counsel as to the ad- | instability of the document as evidence. | The decision of the court was to the effect that the report could not be read l aloud, md was announced through Ad-
 friral Dewey as follows:
 Contention Grows Interesting.
 The court holds that there Is no ob- | Jecticn to the witness refreshing his me m
 ory from the letter, but that he cannot read it aloud l Why haven't we the right to read IL! | asked Mir Raynor.
 Because the court does not want it
 replied Admiral Dewey Tt has ruled | otherwise. It was ruled out on the same l principle that applied to Admiral Schley | telegram which was not sent | There is this difference sad MT | Raynor, that while the telegram was
 never sent the letter was sent and re- | turned
 Captain Lemley-How do you know | that?
 MT. Raynor-Thar is what we want | Fcaptain 'Lemley-The mark on its face shows it was not sent. MT. Raynor-We propose to show that that was an error. That marking was done by Admiral Schleys nag lieutenant. Letter Ruled Out. Admiral Dewey-The letter has the
 same standing as the telegram. We don't know why it was marked as mot sent" except that 1t was so marked:
 MT. Raynor to Admiral Schley-Who | made the mark?
 Admiral Schley-Myself, after I had returned from the flagship New York. After some further sparring by counsel 1 Admiral Schley explained that the odg- l inal preliminary report of the battle he | took as commander in chief, Admiral SChley sad:
 Admiral Sampson signalled for me to come on board again, which l did, and | he handed the report back to me. There | was nobody but himself and myself in | tie cabin at that time, and from the conversation l had with him l was led | to believe" Captain Lemley-We want the conver- satlon.
 Schley's Generosity. Admiral Schley-He handed 1t back to me wish the statement that he was com mal deI -in-chief and that had omitted a very important detail that the New York was not present felt that the l victory at that time was big enough for | all. and l made this out of generosity | and because l knew that If the New York had been present she would have done as good work as anybody else.' | In response to a question the witness testihed that during part of the battle the Indiana. Gloucester. Texas and Iowa
 were obscured from the Brooklyn by smoke.
 When the Colon surrendered why did tempt to save her:"
 When Flagship Game Up" 'I sent aboard % receive her surrender and was proc aeding to do that very thing | when the flagship came up. T was satisfied she was all right when | I left for the eastward Where did you obtain your statement in the Senate report that you went 800 wards to the southward when the Brook lyn's turn was made?"
 From the report of the board of off1- cers who charted the course of the ships July g."
 You testified that order No. 10, dated May 2. was not delivered to you until June 10?"
 II did
 Do you know by what means that re- port reached You"'
 That would be difficult to state.
 The Admiral was asked what conver- sation he had with Lieutenant Command CT HodgSon on the Brooklyn just before the loop was made.
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