The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-11-02
Court Was Tardy.

OOuIb w do LdAuys
The court was six minutes late in
entering the hall today. this being the
first time that absolute prOmptness has
not been observed. Judge Advocate
Lemly announced that counsel had
agreed on the order of the speeches in
closing the case, subject to the sane
for the department. He VIII be fol-
lowed by Captain Parker and Mr.. Ray
nor for Admiral Schley. and Judge Ad-
vOcate Lemly will close for the de-
partment. Admiral Dewey announced
that this arrangement was satisfactory
to the court
Captain Lemly then brought up the
question of the character Of the argu-
ment to be made, saying Il would
like for my own information to ask
the instructions of the court as 10
whether or not we are expected in the
closing argument TO cOndne ourselves
to the evidence and to the scope Of the
pTecept as defined by the court. I
mean the arguments made both by
counsel for the applicant and by my
associate and myself"
Mr.. Raynor-We have to cOnfine our
selves to the evidence, but 1 do not
want to be entirely restricted. We
cannot allude to any facts that are not
in the evidence, but we will, in making
our allusion, do i very respectfully
and within proper bounds"
Scope of the Argument.
Captain Lemly-I think that should
be the general scope of the argument.
The court has defined the scope of the
precept, but of course, we could not
undertake, and the court won't under
take. to restrict ourselves entirely,
assume, in stating just exactly the
words and the manner, and so on.
That would be a question which at the
time they would have to say whether
il was proper or not
Mr. RaynOr-Of course, in making an
argument, we won't pretend to refer
to anything not in the record. We are
bound by that, but 1 do not want to
have any more restrictions placed upon
my argument than / would on any
other court. 1 want the constitutional
right to argue this case within proper
bounds and with great respect TO ev-
erybOdy concerned, but to make crit
icisms as they appear proper to me, or
to make comment. If I should find, for
instance, that 1 believed witness has
not told the truth, I should not hes
itate to say so.
Captain Lemly-That is right
Admiral Dewey-There won't be any
trouble about that When we come tC
that bridge we viii cross it
Sylvester Scovn Testihes.
Sylvester Scovil was then called as
the first witness of the day. He said
that while on the press boat Somers \
Smith. as newspaper correspondent
on May p OF IS. it came up with the
ST. Paul, OF which Captain Sigsbee was
in command. Off Santiago. There was
a conversation with Captain Sigsbee
through the megaphone and he himself
had used the megaphone in conducting
the interview The witness said the
Somers n Smith was about seventy
five or a hundred feet from the ST Pau
during the conversation.
Give US as nearly as you can tbs
words of that conversation, said Cap
tain Lemly.
We had been sent to find COmmo-
dore Schley, and the first question. OF
course. was. Where is Schley2 and
the answer from Captain Sigsbee was
You will find him in the Yucatan pass
age And then, inasmUch as our boa
was very low. ] asked him 70 advis'
me whether he thought We could eatcl
Commodore Schley if we followed him
and he stated. Yes
THE second question was, Where Il
Cervera2' and in answer to that Cap
tain Sigsbee did not speak for a mo