The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-10-23

from ~ v"H person, and as the men
pickei tie body up to throw In over
board While the rest Of MS stoo,, bor-
rihed, he calmly said. Don't fhrow that
body over Take il below ana UNI
give il a Christian burial.
hen me Niscaga went ashore the
tower and himself called down tie t,,be
90 the men befDw, They are an gone
rgt one all depends upon you,
did you see the Oregon" asked Mr..
Very distinctly. I saw Ter coming
81 about the time we were beginning
to get scared The Brooklyn was
1lsHting alone three of the Spanish
ships when suddenly 1 saw IN the dis
opec into the Oregon"
=. nat he said, occurred about the
ZINE the Oqueldo went ashore"
Dla You see the Texas before the
i saw her just before the turn. She
appeared to me to be inside of us. VIC
turned continuously to the right. ac-
corning to ny recollection"
old You ever see Commodore Schley
wren he appeared TO be laboring under
any mental eNcitement2"
Schley Was Cheerful.
oh. no. lie Was jovial and good
natured at all times. and ! did not OBJ
AAAN AEHcl AldAE tl excitement or
anxiety except at one time That was
when il looked as II the Colon might
get away. He expressed fear that that
mighS occur, and seemed much con-
cfrned- 7 remember that he discussed
YIN captain Cook tie advisability of
hopping to couple his engines before
dark. fearing that II postponed until
later the Spanish might get away
AT this point Mr.. RaynOr began an
examination OF the witness concerning
90 -,
place between Commodore Schley and
Captain Evans Of the Iowa after the
battle. but before the examination had
gone far it WAS objected to by Captain
Lcmly.
Were you" asked Mr.. Raynor.
present ct Any conversation between
captain Evans and Commodore
Yes. sir. In the commodore's cabin
on the Brooklyn on july D" Mr.. Gra-
ham replied.
when Evans came in the first time
he said: 'Schley. did You see Jack
Philip run away with the Texas?' and
Commodore Scillev said: No: neither
did you a."
ADMIRAL Dewey addressing counseD
Que moment. Poor Philip is not pres
ont sfou know.
Mr.. Rsynor-That has gore in in
Captain Evans testimony.
Captain Jemly-In crOss-examinatfon
something in regard to it has gone in.
cannot see what bearing it has.
What Evans Said About Phillip.
AR. Raynor-We do hot want to
prove anything about what Captain
Philip said. This is a conversation in
which Commodore Schley was pres
ent
captain Lemly-Yo'I propose to con-
t-adict what you drew out in cross-ex-
ariiuation2
AIR Raynor-wby, Of course.
Captain -emly-I object, if the court
please. This has nothing whatever to
do with the case. Captain Philip is
dead and Admiral Evans is out of the
country. i object on that ground.
which eshink, is quite sufficient. To
further discuss the matter even on my
part would be to do the same harm to
the deed and to the absent man.
Mr.. -taynor-I am glad my brother
puts II on the second ground. AMI not
On the first. because the slightesr re-
fection viii satisfy him that have the
right to contradict what his own wit
ness has said on crOss-examination. /
Tbc crossecxaminatiOn don't make him
tny witness. When Commodore Schley
gets on the stand he would like to have
the opportunity of stating what that
conversation was. Captain Evans as
Ftated it- Why cannot Admiral Schiey
state it2 Why cannot one who was
present state it2 1t does not reflect in
any degree upon Admiral Evans. and
certainly not upon Captain Philip. 1t
would be unjust. unfair to permit that
statement 10 remain in the record with
1ut the opportunity to contradict il by
the people who were present II Com
nodore Schiey was rot present. of
course Il would not be admissible"
Schley's Conduct in Battle.
Captain Lemly-How does this affect
Commodore Schleys conduct in battler
I want - bring IL down to the precept. 1
~ A.. ea.1
cifca tions IN the preceJt except Com
mod0re Schley's conduct in Battle? Is
fhere no specification directly relating
TO thatg That it was the Brooklyn
which made the turn and not the
Texas The pOist is an important one
TO US. because IL viii occur many times
during Admiral Schley's testimony. as
we expect TO ask rim a hundred times
with reference TO what other witnesses
nave sale
There could possibly be no reflection
--pon Captain Philip BY repeating the |
onversatiOn I'VE ais honor Philip too |
highly for that" ne said
AIR. H~nna commended that the ques-
ticn was not admissible. unless in
tended TO i-npeach the testimony Of
rapr.tin Evans. Incidentally he OBJ
ectcd TO The vigorous and various
srnosity OF counsel for the applicant"
Admiraf Dewey then announced that |
she court woG-5 retire for the consider
ACTON Of the point raised. After being /
out for twenty minutes the members !
returned. and Admiral Dewey an
bounced - decision in the following |
lerius
,l'.rhe court decides that the questions /
Intended to tppugn the credibility of /
a witness. Intended TO prove any point /
regarding the movements of the Brook
lyn during the battle Of July 8: intend /
"a 10 prove any statement made BY /
Commodore Schiey or conversations /
held with Commodore Schley which I
have "a material bearing upon the mat (
tct designated by the precept, are adj |
q issitie. provided such converse tons !
or STATEMENTS occurred in the pres
snce Of I'D within The hearing OF the |
witness.
schlay Defends Philip.
Mr. Raynor then repeated his oues- /
tom asking MIN - repeat the conversa-
ton. which Mr.. Graham did as follows. |
captain Evans came into the cabin |
sat "a a round table in the center !
Commodore Schley got up and shook !
lands with Captain Evans and the |
latter said. "Schley. did you see philip /
turn around and run out of the fight - !
The commodore said: No. neither |
iid you. Fie did not run out of the I
,nehs.' Captain Evans said. oh. yes he |