The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-11-05
A FEW WITNESSES TO Be CALLED MON
DAY FOR CORRECTIONS.
SGHLEY WILL AGAIN TESTIFY
As TO h Statements Made by Chad
wfck-Sigsbee Also TO Make
tions OF His Correction OF Testimony
Disposed on Thursday-Chadwick Re
called-Scovel Testihes-Programme
OF Argument Agreed Upon-Lemly
Uneasy as to the scope of Speeches


which stands against the wall in the
hall occupied by the Schley court OF
inquiry pointed to 12:45 o'clock today
when Judge Advocate Lemly
that he had no more witnesses to call
and when Mr.. Rayner. following him.,
said that no witness would be sum-
moned on behalf of Admiral Schley in
surrebuttal.
For a moment it appeared as If the
now famous case was about 10 reach
a sudde conclusion; but this delusion
was soon dissipated by the
ment on the part of Captain Lemly
that he might ask to be allowed to
bring in one more witness on Monday
and also a statement from Mr.. Rayner
that Admiral Schley would himself de-
sire to return to the stand on Monday
to correct errors in his evidence as Of
ficially reported.
There is probability that the admiral
will consume considerable time in go
ing over the printed record Of what he
said, and there also is an understanding
that he will make some additions to
his former statements; but 1t is not
believed that beyond what he may have
to say there will be much more testi-
mony taken in the case.
The only witness that the judge ad-
vocate still has in MIND is Lieutenant
Strauss, and Captain Lemly said to-
day that if the ~lieutenant's
could be secured he would detain the
court for a short time only. Captain
Sigsbee also will return to the stand
Monday to make corrections in the tes-
timony given yesterday by him.
These details completed, the argument
of counsel will be begun, and then
counsel and the public will withdraw
and leave the court to it's deliberations.
The task before the court is not a
light one, and it may be weeks before
the final verdict will be reached How
long the court may take to consider the
evidence is entirely p~roblematical.
The members of the tribuna are evil
IDENTIFY preparing to devote considera-
BILE time to the consideration of the
testimony for they nave taken rooms
in the city for this purpose. The testi-
mony covers 1.600 printed pages and
ing to it. With the additions yet to
be made in the way of argument n
| documents. the record probably will
run over ZOO pages.
Admiral Schley was in the court room
half an hour before proceedings began.
but he that he would not
| be able to undertake the correction OF
| his testimony before lex Monday.
There were five whole days Of it, he
said, land to go in and make the cor
rections is not a light task" 1t is
probable that he will have something
/ more to say concerning his interview
on May 18th with Admiral Sampson
relative to which Captain Chadwick
spoke yesterday.
Today's witnesses were Sylvester
Scovel, a former newspaper co~rrespon-
den who saw service in the Cuban
campaign; Lieutenant Hood, who COM
manded the Hawk during the Spanish
war. and also a number Of officers who
were heard yesterday and who return
ed to the stand to correct their testi-
mony. The court held only one session
and adjourned over until Monday.
The attendance upon the court today
was the smallest since the sessions be-
gan. Comparatively few of the reserv-
ed seats were occupied at the begin
ming of today's sitting, n Lieuten-
ant Crawford, Admiral Dewey'S private
secretary, who has handled the distri-
button of tickets with rare tact, invit-
ed those present to the front when he
discovered that the seats would not
be claimed by ticket holders.
The court was six minutes late in en-
tering the hall today. his being the
first time that absolute promptness has
not been observed.
ARRANGING FOR THE ARGUMENT
Judge Advocate Lemly announced
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
ment. He will be followed by Captain
Parker n 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.
Captain Lemly Their brought up the
question of the character of the argu.
ment to0be made. saying: d . p
Il would like for my own informa.
ton to ask the instructions of the
cou as to whether or not we are ex
pected in the closing argument to con
fine ourselves to the evidence and to thu
scope of the precept as defined by thu
court. I mean the arguments both BY
counsel for the applicant n by my
associate and myself"
:. MIR. Rayner: I'VE have to confint
{ yourselves to the evidence, but 1 do no
want to be entirely restricted. w
cannot allude to any facts that are no
) in the evidence, but we will in maxim,
u allusion do it very respectfully AM
within proper bounds"
Captain Lemly: Il think that SHOULD
: be the general scope of the argument
The court has defined the scope of tn
precept, but of course we could no
: undertake n the court won't under
take to restrict ourselves entirely.
assume. in stating just exactly tn,
words and the name and so on. Tha
: would be a question which at the tim
1 they would have to say whether (
was proper or not"
Mr.. Rayner: "Of course, in makine
an argument We wont pretend to refer
= TO anything not in the record. We are
bound by that, but / do not want tC
have any more restrictions placed upor
I my argument than / would in any othel
I court. / want the constitutional right
to argue this case within proper bound.
!, n with great respect TO everybody
concerned. but to make criticisms a!
they appear proper to me or to make
comment. If I should find. for in.
stance. that | believed a witness ha:
not told the truth, l should not hesitate
to say So"
Captain Lemly: That is right"
Admiral Dewey: There wont be any
trouble about that. When we come Il