The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-11-01
SCHLEYS OPPONENTS
HAVE INNING IN COURT
Testimony introduced to Contradict Evidence Given
in AdmiraFS Behalf.
Chadwick Says BrOoky Commander Was Not Warned Against
Exposing His Ships to Enemys Fire.

squadron and ourselves was approach
1 ing our tactical diameter. The stadi-
meter at this instance Indicated goo
yards. The Brooklyn then swung TO
starboard to meet what proved 90 bs
/ the last Of the attempts TO ram the
/ Brooklyn. for the Viscaya then turned
square to starbOard and followed the
I Maria Teresa until the latteF's de-
/ structiOn. These facts admit Of no
! contradiction, for they are based upOn
/ the Independent judgment and obser-
/ walton of two or more persons and
/ upon the stadimeter I'm the hands of a
/ person skilled in its use"
Testimony in Rebuff.
Ten minutes were cousr med in pre-
senting this report, winch was adj
mitted- Lieutenant o ant was then
called as the first witness Cor rebuttai. F
z The witness was interrogated only
concerning the events Of May 81, when
Commodore Schley went aboard the
Massachusetts for the purpose Of max
ing a reconnaissance and bombarding
the Colon, especially to the converse
ton in which Lieutenant Sears. flag
lieutenant Of the Brooklyn, who ac-
COmpanied Commodore SchIey on this
occasion, was represented as urging
that no obstacles be put in the way Of
letting the bOmbardment go on be-
said, it had been difficult enough to
get the commodore UP to the point OF
undertaking it.
In reply to questions, Lieutenant
, Grant said he had seen Lieutenant
Sears on board the Massachusetts, dur
ing the bOmbardmeut or reconnaissance
of May 81 and that ne first saw him
on the quarter deck about ID o'clock
/ of that day.
'I had been below" continued tine
witness "to get the powder division
ready for action. Between Ii and ~
} / o'clock I went with Lieutenant Sears
into the navigatOr's room. while he was
washing his hands previous to going
{ ! in TO breakfast in the wardrO0n, and
- had q conversation with him I'm that
] room and afterward at the wardroom /
e table"
! The witness said that the navigator
was present part Of the time during
Y this conversation. At the converse
- ton he thought about sixteen ~ere
D present. practically the entire mess
Raynor Makes Objection
ct want you TO state whatlthe con+
2 versatiOn was in the state ROOM Of the
) navigator"
S At this point the evidence ~-zla
t brought to a sudden end by Mr. Ba9@-
r. nor saying; 81 object
q AQuEE5SllE LIt court IlF. EdFnOFi
Z made a vigorous speech claiming That
the conversation in the wardroom was
e immaterial to the case, that as fit was
n irrelevant and as Admiral Scnley was
= not present. the evidence was clearly
o inadmissibie. IF this tax could be per-
r mitted any remark made by Lieutenant
L Sears at any other place could be fn-|
o. ! troduced. Mr.. RaynOr quoted several
r authorities in support Of his conten
e ton.
Mr.. Hanna contended that the testie
- mOny was material and therefore, un-
T. der Mr.. RaynOT's own authority. adj
e MISSILE.
+ Following MIR. Hanna. Captain Lem
- ~ quoted the remark which Lieutenant
"A Sears is alleged TO have made, as fol-
u lows.
For Gods sake, don't discourage
# him (meaning Commodore Schley): it
is all that we have been able to 90 to
: work him up to this"
r. Captain Parker followed with a brief
+ speech in support Of Mr.. Raynor's con-
Z tentiOn. IF" he said Commanding
p officers are to be judged by all the fool
ISL and ridiculous things young off,
GERS say in the wardrOom, I don't know
what would become of them"
L Objection is Sustained.
n The court then retired to consider the
10 point raised. The members Of the
80 / court were in consultation for fifteen
= minutes, and when they returned Adj
10 miral Dewey announced the courts de-
hi cisions as follows: The objection as
"a made is sustained by the court.
INF The witness was then excused. and
IN after brief consultation betweel
Captain Lemly and Mr Hanna, can
10 tain Sigsbee was recalled. When +.
,s had taken his seat Mr. Hanna state,
he / the purpose OF securing such facts n
IL he might be possessed of as the cour
,te or counsel might want to elicit fron
him.
al This statement brought Mr. /Rayno
"a to his feet with the remark. ..Y0i
AT are calling Sigsbee in rebuttal o
course"
~ Captain Lemly-I don't can it Re
/ buttaI; we called Captain Sigsbee be
- cause he is wanted to testify.
Apparently Mr.. Raynor was sur
r., prised. He said; "Have we the RICH
"a after we have closed the case to REGAL
~ witnesses except in rebuttal2 Tina
5 would lead to an interminabie cass
The rule Of law is you can rebut any
thing that has been brought out. pa
~ you cannot call witnesses TO sustai
~ former statements they have Uad.
r. There is no objection 20 witness &
M rebuttaL'
N Captain Lemly-C0uGsei IS Wron
IT when he says closed the case. II df
al not close it. simply said. we res
1y here, and I propose TO cau furthe
me witnesses hereafter. I am only goin
10 cali such witnesses as the esa.
thinks necessary in order to have "a
-as facts before it.
he Wrangle Over sigsbee.
the He contended that this is an inqau
zen and not a prosecution, and that ID
'as usual rules Of opening and closing az
ma of rebuttai and sur-rebuttai foliGWe
no in ordinary courts of law were not
be followed in this case.
ave The controversy. between cOuns
continued for some time Mr. HAM
10 said he had had conversation Wi|
IN MT Raypor, in which the latter hs
iui promised to be liberal In rebuttl
by testimony Replying, AIR. Raynor Sd
that his promise had only applied
ave rebutting testimony proper
cu- Mr. Hanna then took up the que
'at- ton of the treatment Of The ear.
ON took exception to the characterize
'ort Of his and Captain Lemly's conduct
IS the case as a prosecution. on n
point he said
OBJ cas- to the use Of the language = hl
ae- has been employed here. that lhfs
ava very like prosecution, I cannot afi