The sun., 1901-11-02
CLOSING SCHLEY CASE
Argument of Counsel to Begin Next
Week.
BIG BATCH OF TESTIMONY
1t Covers sixteen Hundred Pages
How Long IL VIII Take Court
to Review II Is Prob
1ematicaI.

Win tne UNDERSTANDING tnat with the
exception of some witnesses who will
be recalled to correct their testimony on
Monday next, the last testimony would
be taken before adjournment. There
We're only two witnesses on the list,
both summoned by the department
They were Lieutenant John Hood, who
commanded the dispatch boat Hawk
during the Cuban campaign, and Mr..
Sylvester Scovel, who was a newspaper
correspondent in Cuba during the
Spanish war. Lieutenant Hood was
summoned for the purpose of relating
his version of his interview with Ad-
miral Schley off Cienfuegos, and Mr..
Scovll was called to answer questions
concerning the message which Captain
Sigsbce of the st. Paul is said to have
Inegaphoned to the press boat Somers
N Smith on May 2S Photographer
Hare testified that mt that time Cap
tain Sigsbee stated that the Spanish
fleet was not in the harbor of Santiago,
and gave the name of Mr.. Scovel as
one of the correspondents on the press
boat with himself at that time.
No Witnesses In SurrebuttaI.
1t is not now intended to call any
witnesses in surrebuttal, and it Is eX-
pected that the argument will begin
soon after Admiral Schley concludes
the correction of his testimony. How
long the court may take to consider
the evidence Is entirely problematical
The members of tile tribunal are evil
IDENTITY preparing to devote considerable
time to the consideration of the teSti
D'cny, for they have taken rooms in the
city for this purpose The testimony
covers 1000 printed pages and the
court sat thirty-siX days in listening TO
IL. With the additions yet to be made
in the way Of argument and documents
the record probably will run over LOO
pages.
The court was six minutes late in en-
terlng the hall, this being the first time
that absolute promptness has not been
observed. Judge Advocate Lemly an
nounced that counsel had agreed on the
order of the speeches in closing the case
subject TO the sanction of the court.
Mr.. Hanna is to open for the depart
Parker and Mr.. Rayner for Admiral
Schley, and Judge Advocate Lemly will
close for the department. Admiral
Dewey announced that this arrange
ment was satisfactory to the court.
sylvester scoveI Called.
Sylvester Scovel 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 81 or 2S it came up with tht
st. Paul, of which Captain Sigsbee was
in command, off the shore at Santiago
There was a conversation with Captain
Sigsbee through the megaphone, ant
he himself had used the megaphone il
conducting the interview.
The witness said the Somers y. Smitl
was about sevcnty-five or hundred
feet from the ST. Paul during the con
versation.
Give us as nearly as you can th'
words of that conversation" said Cap
tnin Lemly.
I'VE had been sent to find Commo
dore Schley, and the first question, o
course, was, Where is Schley,' and th
answer from Captain Sigsbee was, '1ol
will find him IN the Yucatan passage
And then, inasmuch as our boat wa
very slow, | asked him to advise IN
whether he thought we could cate
Commodore Schley if we followed hin
and he stated, Yes The second queS
tion was, Where is CerveraY z and in III
swer to that Captain Sigsbee did nc
speak for moment. He consulted wit
somebody on the bridge of the ship an
then answered. Il am not sure, but W
caught an English collier trying I
sneak into the harbor this morning
That was all the conversation | remen
Der to have had with Captain Sigsbe
personally. Other men on the boat ha
some conversation with him."
ibid Captain Sigsbee mt any tim
during the conversation inform yo
that the Spanish squadron was not
SantiagOY'
HE did not tell us that the Spar
iards were not in there"
Mr.. Scovel said that he had effecte
three landings on the southern coast Z
Cuba for the purpose of communica
ing with the insurgent Cubans durin
the campaign.
On cross examination Mr.. Scovel sal
that he had been at the megaphone
part of the time. He could not sa
whether others on board the press boz
had talked with Captain Sigsbee.
"rhen," asked Mr.. Rayner, 'are 20
prepared to say on your oath that II
one in your boat asked Captain Sig
bee whether Cervera was not in til
harbor at SantiagoF
1T is possible" was the reply, 9Th;
a conversation might have taken plao
on the part of some one else, but ;
n the Smith was a small boat, and {
conversation must necessarily be in
q loud tone Of voice, | think l wou
4 have heard it if there had been any,
Are you, then, prepared to say TIL;
the testimony of Mr.. Hare, in whit
he said that Captain SiSsbee had sal
that the Spaniards were not at Santi
go, is false?"
mo. / am not prepared to say tn;
his statement is false and that no sue
conversation took place, but ca
swear that nothing of the kind w'
said while / was conducting the co
vcrsation, and conducted the prin'
pal part of it."
Mr.. Scovel was then excused, and
number of the witnesses of the d'
before We're called for the purpose
mailing corrections in their testimon