New-York tribune., 1901-11-02

CAPTAINS CHADWICK AND EATON, LIEU
TENANT HOOD AND SYLVESTER
SCOyELL WITNESSES IN
REBJ-TTAI.


SCOyELL WITNESSES IN
REBUTTAL.
Washington Nov l-When the Schley court OF
,nor,rv met to-day Judge Advocate Lemly an
rounced that counsel had agreed on the order OF
-ha sneeches in closing the case, subject TO the
sanction Of the court. Mr.. Hanna IS to open for
the departulent. He will be followed by Captain
Parker and Mr.. Rayner for Admiral Schley' and
CAPTAIN I-emly will close for the department Ad-
rniral Dewey said that this arrangement was sa'ls
factory 10 the court
Cantain I,ernly then brought up the question Of
the character of the argument TO be made say
fng:
I would like for my own information to ask the he
instructions Of the court to whether or not we
are eXDecred In the closing argument TO confne
ourselves TO the evidence and to the scope OF the
srnents made both by counsel for the applicant
and by my associate and myself , .
Mr. RaEuer-Ne have conline ourselves 10
the evidence but do not want TO be entirely re-
stricte6 We cannot allude to airy facts that are
not in the evidence, but we will. in making our
ausion. do it very respectfully and WITHIN proper
Capjain Lernly-I think that should be the gen
eral scope Of the argument Inc courI @ mas qr, De
fined the scope Of the precept. but, OF course. We
could not undertake. and the court wont under
take TO restrict ourselves entirely. assume IN
and 50 on That would be a question which al
the time they would have 10 say whether II was
Mr Rayner-Of course. in making argument
record We are bound by that: but | do not want
TO have any more restrictions placed unon my ar
the constitutional right TO argue this case within
o cogccr9ea bur fc maxi criticisms as they
appear proper 10 me. or 10 make comment II
has not Ioid the truth. should not hesitate TO
ssE 50, -,.,.
Admiral Dewey-There won't be any trouble
about thai. When We come 10 that brldge we VIII
cross il.
SCOVEL CARBOHYDRATES SIGSBEE.
Sylvester scolel was then called the first wit
ness Of the day. He said that while on the press
beat SCmers y Smith a newspaper corre-
spondent N May q or % it came up with the st
Paul Of which Captain Sigsbee was IN command
of the shore AZ Santiago. There was converse
ton with Captain Sigsbee through the megaphone
and he himself had used the megaphone IN con-
ducting the Interview The SoIners y. SMITH WAS
about seventy-5ve or 4 hundred feet from the st
Paul durinr the conversation
Give us as nearly as You can the words or that
conversation" said Captain Lemly-
We had been sent find Commodore Schley
and the first question. OF course. was Where IS
Sch,ey? and the answer from Captain SRshee was,
You VIII find him in the Yucatan Passage ana
then. tnasmucii boat vas very slow. asked
him 10 advise ne whether he thought we could
catch Commodore Sohiey if followed him. and
he stated Yes The second question was, Where
is Cervera?' and in answer TO that Captain Sigsoee
did rot speak far a moment He consulted with
somebody on Jhe bridge os the ship. and then an
swered: I am not sure hut we caught an English
collier trying sneak int" the harbor this morn
ing That was ali the conversation remember 10
have had with Captain Sigsbee personally Other
the boat had some conversation with him.
did Captain Sigsbee At any time during the
conversation inform you that the Spanish squadron
not in Santiago?'
t'He did not tel US that the spaniards were not
in there"
Mr scovei said that he had effected three land
ings or The southern coast Of Cuba for the pur-
pose Of communicating with the insurgent Cubans
during the campaign.
On cross-exaninatioT Mr. Scovel said that he had
been at the megaphone part Of the time. He
could rot say whether others board the press
boat had talked with Captain Sigsbee-
Then asked Mr. RayneT, ARE you prepared to
say on your oath that one in your boat asked
Captain Sigsbee whether Ceryera was not In the
harhor At Santiago?"
II IS possible reply. that converse
ton might have taken place the part OF some
else but the Smith was a small boat. and
as conversation must necessarily be in loud tone
OF Yoice think / world have heard il If there
had been any"
Are YOU then. prepared TO say that the testi-
mony OF Nh. Hare. IL which he said that Captain
slgsbee had said that the Spaniards were not at
Santiago. IS false?"
No I am not prepared TO say that his state
ment is false and that no such conversation TOOK
place. but can that nothing of the kino
was said while was conducting the conversation
and conducted the principal part Of it
CAPTAINS EATON AND CHADWICK HEARD
Mr.. Scovel was excused. and a number of th'
Witnesses OF yesterday called for the purpos'
Of making corrections in their testimony Whli'
Captain Eaton. of the Resolute. was on the stan'
for this purpose Captain Lemly asked him;
Which way the Brooklyn heading "hei
You saw her tunnels appear out of the snoke-t'
the southwark as you stated yesterday
Ihe witness replied: About southwest as saw
her nearly broads!de on
He also said that when he saw the Brooklyn max
Ing her turn with comparative rapidity. IN
turn had been nearly completed
Captain Chadwick was recalled. and SAID IN re
Spouse 20 question from Mr. Rayner that ther
had been a practical abrceation by the Navy DE
rartrnent the precautionary orders concerhin
the bornbardmeIst of the Spanish shore batteries
order permit the bombardment OF oah Juan
Porto Rico. He added that in his opinion 'iiei
had been general abrogatfoa of the oroer' Duh WI
kavner objected 10 the giving of opinions
LIEUTENANT HOOD RECALLED
Lieutenant John Hood, who commanoeo III
Hawk. WAS recalled and questioned on thc poi1
made by AGuliral .5cl-,J his testimony that u