The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-04
Two New Witnesses Appeared
For the Admiral.
BOTH WERE RULEDOUT
Because Court Considered Their
Testimony Immaterial.
Lemly Submits a Mass of DOcu-
mentary Evidence.
Testimony All in and Argument
Begun by Hanna.

Washington, Nov. AT 2:2O p. m. Mr..
Hanna opened the argument in the
Schley court of inquiry
Washington, Nov. 1.-Two witnesses
We're before the Schley court of inquiry
today, and both of them We're called in
the interest of Admiral Schley. They
were Frank B. Richards and George
Lynch, both of whom went through the
Cuban campaign as newspaper corre-
spondents. Mr.. Richards was on the
press boat Premier, and testified con-
corning the interview with Capt. Sigs-
bee while the latter was commander of
the ST. Paul. Mr.. Lynch was on the
Somers N Smith, and was called to re-
late his recollection of Capt. Sigsbees 5
communication to that boat concerning
which Photographer Hare and Core
spondent Scovil had testified.
The first witness to take the stand
today was Capt. Sigsbee, who was re-
called for the purpose of reviewing his
former testimony. Admiral Schley also
was called for this purpose and his
statement occupied good portion of the
time of the court. His testimony in
chief occupied five days, and as many
of his statements were made Offhand,
to be made, as well as some additions.
During the day Capt Lemly submit
ted for the consideration of the court
a large mass of documentary evidence,
including Capt. Goodrich'S report con-
corning cable cutting made on April 20,
1898; the reports made by Capt. Philip,
of the Texas, Capt. Higginson of the
Massachusetts, Capt. McCalla of the
Marblehead and Capt. Cotton of the
Harvard; Commodore Schley's report of
May 80; Capt. Wise's report of the OPP
erations of the Yale off Santiago; the
log of the Spanish ship Cristobal Colon;
Admiral SIMPSONS orders to Capt. Fol-
ger of the Scorpion, all of the reports
of the commanding officers of the battle
of July 3; Commodore Schley's letter
to the senate; one of Capt. Sigsbee 5
letters, and also the letter of the secre-
tary of the navy to the senate, as
printed in executive documents.
There has been no change of the pro-
gramme arranged on Friday for the
presentation of argument by counsel.
Mr.. Hanna will lead off for the gov
ernment, and it was expected at the be-
ginning of today's session that he would
begin his presentation of the case dur
ing the afternoon sitting, but that he
would not be able to conclude until to-
morrow. Mr.. Hanna will talk for about
three hours, and will be followed by
Capt Parker on behalf of Admiral
Schley. 1t is expected that these two
speeches will consume most of the
courts time tomorrow, and it is now
believed that Mr. Rayner, for Admiral
Schley, and Capt. Lemly, for the gov
ernment, will conclude the presentation
Of the case to the court on Wednes-
day and probably part of Thursday.
While Capt. Sigsbee was on the
stand Mr.. Rayner asked. him if he had
Gated to the press boat Premier while
off Santiago the fact that the Spanish
fleet was not in Santiago. The witness
replied that he had not done so, al
oh h h1u iI1cf in
saying SO, if he had thought it proper
under the circumstances of war.
When Capt Sigsbee was excused,
Capt. Lemly announced that he had no
more witnesses to call.
Frank Richards was then sworn.A-dr.
Richards stated that he was on the dis
patch boat Premier during the Santiago
campaign, and that the boat was hailed
by Capt Sigsbee on the night of May 27
or %. AT this point Capt. Lemly OBJ
jected to this line of evidence, the
ground that Commodore Schley was
not present during the conversation,
issue. Capt. Lemly referred to the
ruling of the court regarding the Potts
Sears conversation, which had been
ruled out, and claimed that this was
exactly a parallel case.
Mr.. Rayner contended that this al
legged conversation with Capt. Sigsbee
is one of the vital points of the case;
that it bears directly upon one of the
precepts. Mr.. Rayner said he did not
desire to inpeach the reliability of Capt.
Sigsbee, but will endeavor to impeach
very strongly his recollection After
short argument by Mr.. Hanna, in sup
port of Capt. Remly's objection, the
court retired to consider the point
raised. The court was absent but a
short time. When it returned Admiral
Dewey announced that as the testi-
mony of this witness is not considered
material to the case, the objection is
sustained in accordance with the courts
previous ruling.
Under this ruling neither Mr.. Rich
ards, nor Mr.. Lynch could testify, and
Admiral Schley took the stand for the
purpose of correcting his testimony
The admiral was suffering from
cold and bis voice was quite hoarse. He
of his testimony Most of these oorrec-
tions were of typographical errors or
the changing of the words to make
sentences read more smoothly.
In referring to his testimony regard 4
ing the arrival of the Harvard on May
27. with dispatch from the secretary
of the navy informing him that 'all Of
the departments information indicated
the presence of the Spanish squadron at
Santiago which dispatch he had de-
clared had never reached him and there
fore he had never seen it. or heard of
it until recently. Admiral Schley cor
rected this portion of his testimony by
stating that neither his flag lieutenant
nor his secretary had ever seen the dis
patch, nor remembered it. He had pre-
viously included his first lieutenant IN
this statement
-, n Tf7 IN