Evening star., 1901-10-31

been printed. Following is an extract from
it: In my Judgment, from an unobstruct-
ed view of the entire field of action during
the combat the Viscaya was not more than
1000 yards distant. My flag lieutenant,
standing at my elbow, reminded me that
the distance between the leaders of the
Spanish squadron and ourselves was ap.
preaching our tactical diameter. The stadi-
meter at this instant indicated 900 yards.
The Brooklyn then swung to starboard to
meet what proved to be the last of the
attempts to ram the Brooklyn, for the
Viscaya then turned square to Starboard
and followed the Maria Teresa until the
Iatter's destruction. These facts admit OF
no contradiction, for they are based upon
the independent Judgment and observation
of two or more persons, and upon the stattf-
meter in the hands of a person skilled in
its USE
Alleged Conversation on the Massa-
chusetts.
Lie ut. Albert W. Grant. watch officer on
the Massachusetts,, was called to the stand,
and his examination was begun by the
judge advocate, in order to show that a
conversation took place on board the Mas
sachusetts on the 31st of May in which
Lieutenant Commander Sears said that in
effect that a great deal of difficulty had
been experienced in getting the commodore
to go in 1000 yards from the Colon, and
that he did not want anybody to dis
courage him When on the stand Lieuten-
ant Commander Sears was questioned in re-
gard to this conversation, but he could not
recollect that he had made any statement,
and he sure that he had not done so.
He thought that he could not have done so.
Lieut.. Grant was asked whether he saw
Mr.. Sears on that day, and replied that he
did.
@ tBy the judge advocate) Where did you
see him? A. l first saw him on the quar-
terdeck about II o'clock. After speaking
to Mr.. Sears and others on deck / went
wifi tn ha vii
While he was washing his hands previous
to going to breakfast 1 had a conversation
with him in that room, afterward at the
ward room table.
Q. Who was present at that conversation
beside yourself and Mr.. Sears? A. The
navigator was there part of the time; l
do not know whether all of the time or not.
Q. Who was present at the subsequent
conversation at the wardroom table? A
The navigator was at the corner of the ta-
BILE on his left was Mr.. Sears, on Mr..
Sears left was myself On my left was
Lieut.. Glennin and directly opposite was
Major Wood. There were others, but l am
not certain who they were. There were
about sixteen. the entire mess practically.
Q. State what the conversation was in
the state room of the navigator.
Counsel Rayner Objects.
Mr.. Rayner at this point objected to the
further examination of the witness on this
subject. saying that a witness could not be
brought on the stand to contradict what
another witness had said on cross-examlna-
ton when his statement was immaterial to
the main issue. He entered into a very
long argument, during which he quoted
from several legal authorities to maintain
his position. He said the question was alb
solutely Objectionable. He maintained that
it was immaterial what Mr.. Sears had said
in the wIrdroom on that occasion, it
could not affect the applicant, who was not
present and did not hear the conversation.
Mr.. Hanna maintained that the point at
issue was very material and said that 1t
was not merely a question whether Sears
had the conversation, but it was ques
ton whether Sears had had a conversation
with Commodore Schley, and it was that
that it was intended to prove. He said that
satiOn between Commodore Schley and
Sears was and it was for this purpose that
the witness on the stand was to be exam
ined.
Capt. Parker said that it made no differ
ence what conversation Sears had had with
his fellow officers in the wardroom on the
If all officers are to be judged by what
young officers in the wardroom say 1 don't
know whose reputation is safe. What Mr..
Sears said on that occasion has nothing to
dn with this issue. If he did say all the
things that he is alleged to have said it is
of no consequence"
The court then took a recess in order to
hold a consultation
The court returned after a recess of ten
minutes and Admiral Dewey announced:
The objection as made is sustained by the
court"
Capt. Sigsbee Called.
The judge advocate then excused the wit
ness and called for Capt Sigsbee to take
the stand. AS soon as Capt Sigsbee had
taken the witness chair Admiral Dewey in
formed him that he was still under oath.
Mr.. Hanna requested the witness to pro-
ceed with anything he had to say, when Mr..
Rayner interrupted: "One moment, please.
You called Capt. Sigsbee in rebuttal, of
course"
cause he wants to testify
Mr.. Rayner here made serious objection.
He said the case had been closed by the
prosecution and that it would make an in
terminable affair If each side was to be al
lowed to bring in witnesses at random and
give additional testimony.
The judge advocate: II want to say that
counsel is wrong when he says that 1 closed
the case j did not close the case. l mere
ly said the prosecution would rest. do not
regard this as a prosecution with defense
and rebuttal and sur-rebuttal and evidence,
etc. If the court wants to listen to addi
tional facts in the investigation it has a
perfect right to do So"
Capt. Parker: Then we shall have the
same right
The judge advocate: why, certainly; 1
am not going to object to that"
Mr.. Rayner here continued the argument
TO sustain his objection He said this point,
as well as the one the court had just decid-
ed, he anticipated would come up this
morning He said that while the case was
not a prosecution. perhaps technically, it
was a good deal like one.
This remark caused laughter among the
spectators. and Mr.. Hanna, who was sit
ting next TO Mr. Rayner as he stood ad-
dressing the court, asked him to speak q
little louder. Mr.. Rayner was talking loud
enough to be heard all over the room and
he replied: Did you not hear me?'
Mr.. Hanna-'I heard you"
Mr.. Rayner-"Well, my brother ought to
be satisfied"
- This caused more laughter
Counsel Rayner's Contention.
Continuing Mr.. Rayner said that he did
not wish to object to the temperance of
the witness who had made mistakes on the
stand for the purpose of correcting those
mistakes IF Capt. Sigsbee has made any
mistake l don't object to his coming up
and correcting it. If he wants to qualify
his testimony 1 will not object to that, but
seriously object to reopening the case"
Capt Parker here produced rule gov
erning the procedure in court-martial cases
and handed it to Mr.. Rayner.
The judge advocate got up at the same
time to look over Mr. Rayner'S shoulder