The San Francisco call., 1901-11-02

the scope of the precept as defined by the
court mean the arguments made by counsel
for the applicant and by my associate and
myself"
Raynor-Of course in making an argument
we won't 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 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 comlhent. II l should find, for instance,
that believed a witness has not told the truth
l should not hesitate to say So
Captain Lemly-That is right
Admiral Dewey-There won't be any trouble
about that When we come to that bridge we
will cross it.
Sylvester scovil was then called as the first
witness for the day. He said that while on
the pressboat Somers n. Smith, a news
paper correspondent on May q or 2S it came
up with the ST. Paul, of which Sigsbee
in command off Santiago. There a con-
versation with Captain Sigsbee through the
mega phone and he himself had used the meg
aphone in conducting the interview. The wit
ness said the Somers N. Smith was about
seventy-fve or one hundred feet from the st.
Paul during the conversation.
Give Us as nearly you can the words
of that conversation" said Captain Lemy
Conversation With Sigsbee.
eve had been sent to find Commodore Schley
and the first question. of course. was Where
is Schley?' and the answer from Captain Sigs-
bee was You will find him in the Yucatan
passage and then, inasmuch our boat
he thought we could catch Commodore Schley
If we followed him and he stated Yes
The second question was Where is Ger
vera? and in answer to that Captain Sigsbee
did not speak for a moment. He consulted
with somebody on the bridge of the ship and
then answered L am not sure. but we caught
an English collier trying to sneak into the
harbor this morning. That all the con-
versation 1 remember to have had with Cap
tain Sigsbee personally. Other men on the
boat had some conversation with him.
Did Captain Sigsbee during any time of the
1rr1x- 4aFz hat ,,;-l.
squadron was not in Santiago?"
He did not tell us that the Spaniards were
not in there
On cross-examinatton Scovil said that he had
been at the mega phone a part of the time.
He could not say whether others board the
press boat had talked with Captain Sigsbee.
Then, asked Raynor ARE you prepared to
say on your oath that no in your boat
asked Captain Sigsbee whether Cervera was
or was not in the harbor of Santiago?"
1t Is possible, was the reply, that
Versation might have taken place on the part
of some one else. but as the Smith was small
boat and conversation must necessarily
have heard it if there had been any
Are you then prepared to say that the tes-
timony of Mr.. Hare in which he said that
Captain Sigsbee had said that the Spaniards
We're not at Santiago. is false?'
NO l am not prepared to say that his
tion took place. but 1 can swear that nothing
of the kind said while l was conducting
the conversation and 1 conducted the principal
part of it,
Correct Their Testimony.
the witnesses of yesterday were called for
the purpose of making corrections in their tes-