The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-11-01
COURT MAKES SOME IMPORTANT
DECISIONS.
METHOD OF PROCEDURE
Inquiry Not Bound BY Ordinary
Rules Of Evidence in
Civil Cases.

Washington, Oct. 31.-In the Schley
court of inquiry. today number Of
witnesses were introduced by Judge
Advocate '4emly to testify in rebut
tai to the evidence given in Admiral
Sch!ey's behalf. The court decided
early in the day that no witnesses
could be introduced at this stage Of
the proceedings to give testimony on
immaterial points. This announce.
ment was made in connection with
an effort to prove a conversation on
board the Massachusetts, in which
| Lieutenant Sears, who was Admiral
Schley's flag lieutenant, was report
ed to have said:
"For Gods sake don't discourage
him (meaning Commodore Schley),
! it is all that we have been able to do
to work him up to this"
1t had the effect of relieving Lieu
| tenant Commander Grant, Lieutenant
| Commander Potts and other officers Of
the Massachusetts, who had been call
ed to testify concerning this conver-
sation with Mr.. Sears, which is said
to have occurred on the Massachu-
sets, just before the reconnaissance
of May 81.
On the other hand the court held
that it was not bound by the ordinary
| in civyi1 IN fh1
time when testimony can be taken,
and that witnesses might be called
or recalled any time for the purpose
Of making additions to former state
ments, but that none Of them could
reiteriate testimony previously given
This decision was rendered on an OBJ.
lection raised by Mr.. Rayner to al
lowing Captain Sigsbee to give new
testimony when called as witness
for rebuttal purposes.
The witnesses called in rebuttal
were Captain Charles D. Sigsbee,
! Captain Francis E., Chadwick, Cap.
tain Joseph G. Eaton, Lieutenant
John H. Ross and Chief Quartermas.
ter N. Anderson, all of whom testi.
fed to incidents connected with the
campaign of 1899.
Captain Chadwick in his statement
today said that the precautionary
dispatches from the navy department
in regard to attacking the Spanish
shore batteries had not been com.
municated to Commodore Schley.
This statement is regarded as OF
great Importance by Admiral schley's
opponents as it distinctly contradicts
the admiral's own statements.
Captain sigsbee testified concern.
ing. his interview with Commodore
Schley.
Captain Eaton was the commander
Of the dispatch boat Resolute during
the war and his testimony related to
events which occurred just before
and just Yer the battle Of July 8.
Lieutenant Ross served on board
the Eagle and his statement bore upon
the Eagles meeting with the Brook.
lyn when the latter was en- route to
Cienfuegos and again while the flag
ship lay off that port. He stated
that Lieutenant Commander Souther
land had asked not to be sent to Port
Antonio for coal and had asked to
be allowed to coal from the Merri
mac.
Mr.. Anderson was chief quarter
master of the Brooklyn during the
Spanish war and was at the whee
during the battle Of July 3. He said
that Commodore Schley had given the
order of "hard aport" but that wher
the order was given the vessel was
then hard aport. Before these wit
nesses were introduced for the de
partment the court heard Captain r
8. Borden of the marine corps, who
served on the Brooklyn, in Admira
Schley's behalf. He was the last O
the admiral's witnesses and he testi
fed that the admiral had borne him
self honorably during the battle O
July 8.