The age-herald., 1901-09-29

tance, and that there were precedsnts for the course. in both courtm artials and courts of inquiry. MT. Hanna asked if 1t was Mir. Rayner's purpose in making his objection to prevent the truth from being brought out. MT. Rayner said that such was not his intention. "1 desire to state" said Mir. Hanna, that counsel has stated upon the record, This is an 1 important matter and the government ought to account for it. and instead of permitting 1t to go on as he should have done, counsel has interposed objection as he has done many times in regard to this | trial. He has taken more time to dis cuss and dispose of questions than the matter itself would have required"
 MT. Rayner-I am very tired of that suggestion.
 Mir. Hanna-I am really tired of mak- ing It. hope the occasion will not occur | again.
 Barnes Wlthdraws.
 The court decided that on account of the objection Mir Barnes should with draw. He did so and Commander South erland was then recalled.
 Describing the cruise from Cienfuegos to Santiago Commander Southerland said that from midnight on May "A to the afternoon of the 25th the Eagle had made very bad weather. This was due
 
 roll' which was very trying to the yacht as the vessel was then one-third full of water.
 "A little after 1 o'clock of the 18th, when about two miles from Santiago l was called alongside the flagship and the Commodore directed me to go to Port Antonio for coal and to report rough weather south of Cuba. My answer sub stantially was that I already had three days coal, as much as the Marblehaed, meaning as much in proportion. The Commodore told me that had not coal enough for his purpose and directed me to carry out his orders l then asked him very earnestly to let the Eagle re- main with the fleet and coal from the collier. He very courteously replied to me that he either very much regretted or else was very sorry he could not let me do so.s The Eagle had not coal enough for his purpose and again di- rected me to proceed which I did after communicating with the division com mander.
 How much coal did the Eagle have?" Not less than twenty-seven tons.''
 "Of couurse the Merrimac was with the l squadron, was she not?''
 "She was"
 State the wind and whether practi- cable for the Eagle to go alongside the Merrimac to take coal"
 "Without any doubt.
 why did you not do this?''
 Tt was not in my power as I had no authority"
 Did you suggest to the commander or the flying squadron that you could do this?"
 T did not I requested him earnestly to let me stay and coal from the colliers" ]" Was anything else said between you l and the commodore at this time.
 "No. I was so disappointed l did not care to say anything"
 Meeaphone Message.
 MT. Rayner questioned Commander Southerland concerning his megaphone message to the Scorpion of May 19, and l displayed the log book of that vessel to show that while other facts were men, ] toned as having been m egaphoned by the Eagle there was no mention that Com mander Southerland had said anything about conditions at Cienfuegos. Witness | said If his own log made no mention Of l his message 1t was evidently a question of whether the young officer on deck at that time put down my exact words" Lieutenant Barnes was again called. | Pending his appearance, MT. Hanna made a statement concerning the two versions of the Schley dispatch of May 2S. He re- l ferred to the fact that not only the trans l lation of this dispatch but also the trans l lation of Navy Department dispatch of May 27 had been called into question. He | gave his especial attention to the Schley 1 message. l There Is no more important paper be- l fore the court than this telegram, and in l order to weaken its terrible effect there l have been introduced on the records here suggestions that the dispatch as printed l by the government Is not correct. Now, | we propose to show that that dispatch | as printed in the appendix to the chief of | the bureau of navigation for 1896 is pre- I cisely word for word as that dispatch l was received by the Navy Department l from the wires and confirm ed by the telegraph company. We propose to show I that dispatch as received by the Navy | Department was cipher word for cipher word as 1t left the West Indies AS it | was placed upon the wires in Kingston, so 1t Is printed in the appendix. | q do not wish to lay any further stress upon this matter except to say that in all my experience in Washing ton in connection with the management of executive departments by high off cers of the government and by subordi- mates, I have not found that great de- partments of the government garble | their official documents. I did not be- lieve that this was true We did not accept it as a suggestion, which was worth any consideration, except for the l fact that 1t was introduced here, and upon investigation we have found the facts to be as stated and we propose to prove them by a witness whom we desire to call. We are not trying this case upon the appendix, but upon origi- nal documents. tff
 We have never relied on these copies. They are subject, to informities of | course" tt@ --A -l .A- .s
 Lieutenant Barnes then identified the cipher copy book of. the auxiliary cruiser Harvard which vessel during the | war was under command of Captain | Cotton. The vessel carried Admiral Schley's dispatch to Kingston to be there transmitted to Washington by cable | Lieutenant Barnes said he was fa- mliar with the department cipher code | and that last night and this morning he had made a translation of the dispatch as presented. He then read his transla- | ton and was questioned concerning 1t by | Mir. Hanna, who asked:
 Have you examined the duplicate of | the cipher received at the department and compared it with the cipher as 1t appears in that press copy book?" , T have"
 "Was this cipher message as received I a-1 --a