The Topeka state journal., 1901-10-22


| get scared The Brooklyn was fighting
alone three of the Spanish ships, when
suddenly saw in the distance white
line which soon developed into the Ore
/ gon- That, he said, occurred about
the time the Oquendo went ashore"
Did you see the Texas before the
| turn?''
''I saw her just before the turn. She
| appeared to me to be inside of us. We
turned continuously to the right, ac-
cording to my recollection"
did you ever see Commodore Schley
when he appeared to be laboring under
any mental excitement2''
"Oh no. He was jovial and good ma
tured at all times, and I did not OBJ
serve the least trace of excitement or
| anxiety, except at one time. That was
when it looked as if the Colon might
| get away. He expressed fear that that
! might occur and seemed much con-
cerned- I rennem Der that he discussed
! with Captain Cook the advisability of
stopping to couple his engines before
dark, fearing that if postponed until
later the Spaniard might get away"
At this point Mr.. Rayner began an
examination of the witness concerning
a conversation reported to have taken
place between Commodore Schley and
Capt Evans of the Iowa, after the bat
t1e but before the examination had
gone far it was objected to by Capt.
Lem1y.
Were you," asked Mr.. Rayner, ''pres
ent at any conversation between Capt
Evans and Commodore Schley?"
Yes, sir; in the commodore's cabin
on the Brooklyn on July s." Mr.. Gra-
ham responded. when Evans came in
the first thing he said was: 'Schley, did
you see Jack Philip run away with the
Texas?' and Commodore Schley said:
No, neither did you.
Admiral Dewey addressing the coun-
seD: .One moment. Poor Philip is not
present, you know
Mr.. Rayner-That has gone in Captain
Evans testimony.
Captain Lemly-In crosS-examinat1o ton
something in regard to it has gone in. l
cannot see what bearing it has
Mr.. Rayner-We do not want to prove
anything about what Captain Philip
said. This is a conversation in which
Commodore Schley was present.
Captain Lemly-You propose to con-
tradict what you drew out in cross
examination?
Mr.. Rayner-Why, of course
Captain Lemly-I object, if the court
please. This has nothing whatever to do
with the case. Captain Philip is dead
and Admiral Evans is out of the cOun-
try I objec. on that ground which 1
think is quite sufficient To further dis
cuss the matter even on my part would
be to do the same harm to the dead and
to the absent man.
Mr. Rayner-I am glad my brother
| puts it on the second ground and not on
| the first, because the slightest reflection
| will satisfy him that l have the right to
| contradict what his own witness has said
| on cross-examination. The cross
| examination don't make him my
| witness. When Commodore Schley gets
| on the stand he would like to have the
| opportunity of stating what that con-
versation was Capt. Evans has stated
| it. Why cannot Admiral Schley? Why
! cannot one who was present state itg
1t does not reflect in any degree upon
| Admiral Evans and certainly not upon
| Capt. Philip. 1t would be unjust, unfair
| to permit that statement to remain in
| the record without the opportunity to
| contradict it by the people who were
| present. If Commodore Schley was not
! present, of course it would not be ad-
| rnissible.
| Capt Lemly: How does this affect
| Commodore Schley's conduct in battle?
I want to bring it down to the precept."
Mr.. Rayner: "Are there no other
| specifications in the precept except
Commodore Schley's conduct in battle?
| Is there no specification about the turn
| of the Brooklyn? Does not this conver-
| sation directly relate to that? That it
| was the Brooklyn which made the turn
| and not the Texas? The point is an
| important one to us, because it will oc-
cur many times during Admiral
| Schleys testimony, as we expect to ask
| him a hundred times with reference to
| what other witnesses have said.
| Captain Parker spoke briefly, saying
| there could possibly be no reflection
upon Captain Philip by repeating the
| conversation 1--WE all honor Philip too
| highly for that" he said
| Mr. Hanna contended that the ques-
| ton was not dQQlSSlDle unless lnIo4Qeu
! to impeach the testimony of Captain
| Evans. Incidentally he objected to the
| vigorous and various verbosity of coun-
| sci for the applicant"
| Admiral Dewey then announced that
] the court would retire for the consid-
Grafton of the point raised. After being
| out for 20 minutes the members return
| ed and Admiral Dewey announced the
| decision in the following terms:
! 1.-The court decides that the questions
| intended to impugn the credibility of
| a witness; intended to prove any point
regarding the movements of the Brook
| lyn during the battle of July 3; intend
| ed to prove any statements made by
/ Commodore Schley which have a ma
| terial bearing upon the matters desig-
| mated by the precept, are admissible,
| provided such conversations state
| ments occurred in the presence and
| within the hearing of the Witness"
Mr. Rayner then repeated his question
| asking him to repeat me conversation,
| which Mr.. Graham did. as follows:
Captain Evans came into the cabin.
| I sat at a round table in the center.
| Commodore Schley got up and shook
| hands with Captain Evans and the latter
said: 'Schley. did you see Philip turn
around and run out of the fight?' The
| commodore said: No. neither did you.
| He did not run out of the fight Captain
| Evans said: oh, yes. he did, 1 saw him.
| ship and saw him. The commodore said:
Tt was not the TexasAat all. The Texas
was in the fight all the time The ship
you saw turn around was the Brook
| lyn-'