The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-02

whether not we are recommended in
the closing argument, to confine our
selves to the evidence and the scope of
the precept as defined by the court. /
mean the arguments both by counsel for
the applicant and by my associate and
myself"
Mr.. Rayner: I'VE have to. confine
ourselves to the evidence, but / do not
want to be entirely restricted. We can
not allude to any facts that are not in
the evidence, but we will in making our
allusion do it very respectfully and
within proper bounds"
Captain Lemly: II think that should
be the general scope of the argument.
The court has defined the scope of the
precept, but of course we could not un-
dertake and the court won't undertake
to restrict ourselves entirely, / assume
in stating just exactly the words and
the manner and so on. That would be
question which at the time they would
have to say whether it was proper or
not"
Mr.. Rayner: "Of course in making an
argument we wont pretend to refer to
anything not in the record. We are
bound by that, but / do not want to have
any more restrictions placed upon my
argument than l would in any other court.
| want the constitutional right to argue
this case within proper bounds and with
great respect to everybody concerned, but
to make criticisms as they appear proper
TO me or to make comment. Ii | should
| nd. for instance, that believed a witness
| has not told the truth l should not hesi-
| tate to say So"
| Captain Lemly: THAT is right"
Admiral Dewey: There wont be any
| trouble about that. When we come to
| that bridge we will cross it,
| Sylvester Scovel was then called as the
I first witness of the day. He said that
while on the pressboat Somers N. Smith
| as a newspaper correspondent on May q
| or % it came up with the st. Paul, of
| which Captain Sigsbee was in command,
off the shore at Santiago There was a
conversation with Captain Sigsbee through
| the megaphone and he himself had used
| the megaphone in conducting the inter-
| view
The witness said the SomerS NJ Smith
| was about seventy five or hundred feet
| from the st. Paul during the converse
| tion.
| "Give us as nearly as you can the words
| of that conversation said Captain
| Lemly.
"We had been sent to find Commodore
| schley and the first question of course
was Where is Schley' and the answer
| from Captain Sigsbee was You will find
!, him iii the Yucatan Passage and then,
| inasmuch as our boat was very slow,
| asked him to advise me whether he
| thought we could catch Commodore
| Schley if we followed him and he stated
| Yes The second question was, Where
| is Cervera?' and in answer to that Cap
! tain Sigsbee did not speak for moment.
| He consulted with somebody on the
/ bridge of the ship and then answered, L
I am not sure, but we caught an English
! collier trying to sneak into the harbor
this morning That was all the CONVEX
/ sation / remember to have had with Cap
! tain Sigsbee personally. Other men on
! the boat had some conversation with
him"
did Captain Sigsbee at any time during
! the conversation inform you that the
Spanish squadron was not in Santiago
'He did not tell us that the Spaniards
/ were not in there"
1 Mr.. Scovel said that he had effected
three landings on the southern coast of
| Cuba for the purpose OF communicating
with the insurgent Cubans during the
campaign.
/ sCOvEL CROSS S-QUESTIONED.
/ On cross examination Mr.. Scovel said
| that r. Nod been at megaphone part
| of the time. He could not say whether
others on board the pressboat had talked
[ with Captain Sigsbee.
Then" asked Mr.. Rayner, "are you
! prepared to say on your oath that no one
in your boat asked Captain Sigsbee
| whether Cervera was not in the harbor
at Santiago?"
| "It is possible was the reply, "that a
conversation might have taken place on
the part of some one else, but as the
Smith was small boat and as conversa-
| tion must necessarily be in a loud tone
Of voice I think / would have heard it
if there had been any
''Are you then prepared to say that
the testimony of Mr. Hare, in which he
said that Captain Sigsbee had said that
the Spaniards were not at Santiago is
false?''
''No. am not prepared to say that his
statement is false and that no such con-
versation took place. but can swear that
nothing of the kind was said while | was
conducting the conversation, and con-
Quoted the principal part of it,"
Mr. Scovel was then excused and num-
ber of the witnesses of yesterday were
called for the purpose of making correc-
tions in their testimony.
Captain Chadwick. while under recall.
said in response to a question from Mr..
Rayner that there had been practical
abrogation by the Navy Department of
the precautionary orders concerning the
bombardment of Spanish shore batteries,
in order to permit the bombardment of
San Juan, Porto Rico. He added that in
his opinion there had been a general
abrogation of the order, but Mr.. Rayner
objected to the giving of opinions.
FOOD is UESTIONED.
Lieut.. John Hood was questioned on the
point made by Admiral Schley in his
testimony that the commanding officer of
the Dolphin had filed with the Navy De-
partment a memorandum in which he
said, speaking of Hoods return from his
mission to Commodore Schley while the
latter lay off Cienfuegos, Hood says a
good many officers do not believe the
Spaniards are there (at Cienfuegos) at
ALL but they can only surmise."
In reply to question as to what re-
port he had made on which such a