Evening star., 1901-10-18

discovered what that was for as they were
apparently heading toward Cape Cruz. then
in sight, in order to head off the Colon in
case the chase continued.
In reply to a question by Mr.. Hanna the
witness said that some time after the
Spanish ships had gone out of the harbor
of Santiago he noticed that the ViSca va
turned to the south as if to ram the Brook
lyn-
The witness said in the day time the
Oregon's position in the blockading SQUAD
was about four miles from the Morro
and three four miles from the Brook
lyn. AT night they were nearer together.
Questioned by the Court.
The court asked questions of Commander
Nicholson as follows:
WAS the Oregon in her proper bloekad-
ing position when the Spanish ships started
out?"
.'"Practicaly. yes
What was her course with reference to
the Morro?'' e.
about four miles distant, and little
eastward to south of IT.
What was the distance between the
olockading positions of the Oregon and the
RrookIyn?''
From three to four miles in the daytime
they were nearer together at night"
What were the relative positions of the
American ships when the Spanish vessels
cams Out2'
"The Iowa was due south, the Texas on
her port hand and the Brooklyn farther off
to the westward. The Oregon was to the
right of the Iowa, and the Indiana inshore
10 the eastward. with the New York in the
distance. / remember Immediately looking
for the flagship and saw her off seven or
eight miles toward Siboney."
Did the Oregon at any time pass be-
tween the Brooklyn and the Spanish
ships?
Not when they were offering any active
resistance; she did as the Spanish vessels
turned 10 go ashore"
when ba
toward the Brooklyn had the BROOKLYN
completed her turn?"
Il am under the impression that she had
she must have done So"
hat was the position of the Oregon
When she turned with starboard helm dnr-
ing the battle of Santiago?"
Sne was lying still in the water and we
turned 10 head OFF the Spanish fleet We
overlook all but tho Colon very quickly
The witness said that he was under the
impression that when the Vizcaya changed
ner course toward the Brooklyn the latter
snip mad completed the turn she made with
port helm.
Surgeon DeSalin's Testimony
Past Assistant Surgeon Charles NJ. De
Valin was the next witness and testified
that his position during the action on July
was in the fore part of the Brooklyn. He
had been stationed where he could hear
Commodore Schley give the order to port
the helm. He had heard Commodore Schley
give this order, but had not heard any one
else give it, that he could not say
whether the commodore or Capt. Cook was
the first.
He was asked whether he heard anv com
Versation or eolloduy during the battle and
al Inc time the order to port the helm was
given He said there was good deal of
conversation, but he could not remember
anything sufficiently accurate to testify to
II He was unable to repeat any conyersa-
ton that he heard at that time
The judge advocate then questioned the
witness very closely, asking whether he had
not stated to some one that he had heard a
conversation at that time in which the word
Texas used.
Nj Rayner very promptly objected to
having a question put TO the witness In this
form. and said that Il would be necessary
10 tell the witness sufficient about the con-
versattou referred to in order that he might
identify il He claimed 1t was cardinal
principle of law that this should be done for
the protection of the witness himself and II
was not permissible to ask whether he had
made some statement without giving refer
ence 70 where the statement had been made.
Ihe Judge advocate said he proposed TO
lead up to that, but that he did not care in
his first question to make that statement
and he insisted that he had right to cross
examine the witness in that manner
Capt Parker read from a digest refer
ence TO the cross-questioning of witnesses.
showing that when a former conversation
or statement was referred to it would be
when had occurred sufficient TO allow
him to Identify it.
MI Rayner in arguing his objection re-
1erred TO what was customary when CONN.,
SCI made an effort to impeach a statement
. of a witness
Ihe judge advocate said he had NOT an.
nouqced whether he would or would NOT
try to impeach the witness '
when counsel gets up" he said "ord
says he Is not trying to impeach the tes.
9 einony or witnesses We all know that is
just what he Is trying to do
ADMIRAL Dewey suggested to the iudUs
advocate that he thought the time anf
place or conversation referred to Should
be given to the witness. 81 would not lilys
to be asked such a question as that" SAID
the admiral.
Conversation With Lieut.. Ward
The Judge advocate then asked the wit
ness if he had not made the statement
referred to to Lieutenant Ward on the 6tf
OF August In Portsmouth, n. H, the con
versation that he had referred to including
the word Texas" which he said had beer
used IN colloquy on the Brooklyn. Lieu
tenant Ward is assisting in the court OF
inquiry. being detailed by the department
TO assist the judge advocate. He was pres