The age-herald., 1901-10-13
LEMLEY CHARGES RAINIER NTH
 READING HHET IS NOT OH PAPER
Continued from First paxs.,

ing that the commander-in-chief and his stan should be informed. Later the wit ness had returned to Key West and re- ceived confirmatory information. He then stated on the next morning, May 1, the fleet proceeded to the block ade of Havana, Admiral Sampson being satisfied that the information concerning the presence of the fleet at Santiago was correct The admiral had accordingly called up the Hawk and forwarded his dispatches to Commodore schIey.
 When did the Hawk leave?'
 She left the Havana blockade, some distance west of Havana, about dusk on May 2l, probably about 6:SO o'clock" Then you received this information on May % at S:S0 o'clock in the morning, and the Hawk left at dusk May 21?" That is correct" The witness said in reply to questions that the memoranda beginning, "the en- | closed instructions will reach you" had been sent by the Iowa, as the dispatch was dated May 21. and the, Iowa had left on the day previous.
 MT Rayner: Was not the Hawk the first vessel that carried that memoran- dum?"
 ITO the best of my knowledge, the Hawk was the first and only vessel that carried that memorandum" replied the witness.
 "The Hawk left on May 21, and the first information you had was about half past 8 or o'clock on the 20th When did you you speak of?'
 q got it on shore at Key West about.7 o'clock on the evening of May 20.'
 Then the confirmatory dispatches un- derstand, were received twenty-four hours before the Hawk left with this memorandum to Commodore Schley. Is | that rightT'
 Yes, at Key West, and the Hawk was | sent from Havana" After further effort on Mir. Rayners part to elicit information as to corre- | spondence between the two comm anders | and objection on the part of MT. Hanna to bringing In dispatches which had no immediate bearing upon Commodore Schley's conduct, MT. Rayner said there was no communication between them be- l tween May 21 and May H He then quot | positive knowledge conveyed to Commo- dore Schley. This dispatch was as fol- | lows:
 Sampson's Dispatch. | United States Flagship New York, St. l Nicholas Channel, May 27, 1898: l 'Sir:-Every report, and particularly | daily confidential reports received at Key | West from Havana state Spanish squad | ron has been in Santiago De Cuba from the 18th to the 25th inst, inclusive. the 18th being the date of the last report re- oeived. You will proceed with all possible | dispatch to Santiago to blockade the port. If on arrival there you receive informa- tion of the Spanish ships having left, you will follow them in pursuit. Very re- spectfully
 "W. T. SAMPSON"
 MT. Hanna: What Is the first positive | order?'
 MT Rayner: May 2s."
 MT. Hanna: Did he receive 1t on the athT'
 l M. D...... ..rr - ,.
 the Eth (after being prompted by Ad-
 miral Schley.) He got 1t on June 10."
 Mir. Hanna: How is it possible, then, l that he cannot be affected by an order after all that lapse of time?"
 Mir. Rayner: That is just what we l want to prove, that he had no orders ex- l cept those contained in dispatches Nos. I l and S."
 MT. Rayner then repeated his desire to l offer the dispatch of May 27 in evidence I and after a colloquy between MT. Rayner and Judge Advocate Lemley, MT. Hanna remarked that there was no objection to puttingeit in except 1t was obviously in- tended to reflect on person who Is not
 under inquiry" -
 To this MT. Rayner responded, that 1t l was not intended to reflect on any one,
 but that 1t was intended Ito prevent a reflection on Commodore Schley." l At this stage of the proceedings, Cap
 
 record the letters from Commodore Schley to Admiral Sampson, both dated | May B, 1898, the first saying that he was by no means satisfied that the Span | ish squadron was not at Cienfuegos, and | the second telling of the information he | had received through the British steam | CT Adula. He said that he presented | them because they bore upon this matter of the receipt of dispatches. An Exciting Incident. Y. A somewhat exciting incident here arose between Judge Advocate Lemley and MT. Rayner. When Lieutenant Com mander Staunton was excused, Mr. Ray ner asked leave to prevent as evidence a supplementary chart presented by Lieutenant Dyson. or the bureau of steam engineering, showing the speed of the vessels of the flying squadron. Captain Lemley objected on the ground that this evidence was not permitted at this stage. of the proceedings.
 MT. Rayner replied that it had been agreed between counsel that it should be put in and he wanted to introduce 1t before the testimony got too far away from the evidence bearing upon the coal supply.
 Captain Lemley said he had a witness present and wished to proceed with the taking of verbal testimony.
 Admiral Dewey: What objection Is there?
 Captain Lernley: do not think it is the time to do 1t, sir
 Admiral Dewey: The witness can testi- fly Monday. Unless there is some reason why it should not go in now, it is a courtesy due to the counsel. What ob- jection is there? We want to know the objection.
 MT. Rayner here undertook to read a statement accompanying the chart. when Captain Lemley, rising, addressed the court, saying with reference to MT. Ray ner:
 ''TIe is not accurate in his statements if the court please On the contrary, he Is very inaccurate. He holds a paper be- fore him and reads what is not on that paper. He has repeatedly done it.'' There was ripple of laughter through the room when this statement was made and some persons inside the railing joined in 1t, but it was noticed that Mir. Rayner did not accept the remark as in- l.tended-to be good-natured. His face was flushed when he replied, which he did without rising. saying:l Says It Is False. If he states that outside the court I will say it is false.' | Captain Lemley: If he states that out side the court 1t is another matter, but if he states it in the court it is highly inn proper
 While counsel were still talking back and forth at each other, Admiral Dewey arose and administered the oath to the next witness, Lieutenant Twining, form erly of the Iowa.
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