Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-11-01

he had had a conversation with Mr..
Rayner in which the latter had prom
| Used to be liberal in rebutting testi-
mony. Replying. Mr.. Rayner said that
his promise had only applied To re-
| butting testimony proper.
Mr.. Hama then took UP the question
of the treatment of the ease He took
| especial exception To the ,haraCtcriza-
ton Of his and capt. Lemly's conduct
OF the clee is Il prosecution ON this
point h" said AS Ia the use 81 tn.
language which has been employed
| here. that this is Very like a prus"cu-
ton. | cannot allow the record 10 stand
| in that shape Without saving Il WORD
or two IN that point. If this case mas
in any mamie. approached tnut Of a
| prosecution, ii has been due To the ac
ti"r Of the applicant ani his counsel.
| out Of generous consideration to the
| applicant Ne have allowed every tech
| meal rule of the law t. be evoked
! in this interest. That is generosity.
| That is not prosecution. W. ia not de
| sire i'm our proceedings here when tn"
| applicant is represented by able and
! skilled counsel. to have the stigma 81
prose, ntion placed upon the judge adj
vocate and his associate. 1t is an out
raseous ana unWar!antcd use uf the
| word.
| Replying. Nj Eayner said that h.
had never spoken Of the inquiry az i
prosecution. but said he had referred
To it . trial and had so considered it.
He also refused Ia concedc that any
|
| in the case.
| Captain Parker called the attention
| of the court to the naval regulations
for 1900 in which the word ''prosecu-
ton" is used in connection with courts.
of inquiry.
The court then at 1850 +. NJ. took
recess until o'clock without deciding
| the Uoint raised.
| When the court reconvened after re-
cess Admiral Dewey announced the de
| cision of the court on the question Of
rcbutting testimony. holding that Wit
nesses may be called ut any time or re-
called for the purpose of making cor
| rections OF former testimony or add
| tons in the nature Of corrections.
| They cannot, however. reitcrate former
| evidence
The language of the court was IL
! follows:
The court has considered the matter
| which was before it at the time of tn,
| recess ana decides as follows:
| Admiral Schley requested the de-
partment to take such action as may
| bring under discussion and review of
his brothcrs-in-arms certain criticisms
| hi,
I'd that he desired the department to
order court Of inquiry TO investigate
the portions Of his naval career to
| which such criticisms referred.
In pursuance of this request the
| department ordered 4 court Of inquiry
to thoroughly inquire into all the cir
cumstanccs bearing upon the subject
of the investigation, directed the at
| tention of the court to certain impor-
tant points. and ordered the court to
report all the pertinent facts which ii
may deem established. The court is.
| therefore. required t. examine all wit
nesses who may have any knowledge
of the matters brought 10 Its attention.
and is not bound by any technical laws
regarding evidence cr procedure. ana
| To this end witnesses may be called
ut any time or they may be recalled TO
make corrections or additions in the
| nature Of corrections to their tcSti
mony. that the facts of the case may.
If possible be placed clearly before the
court but no witness shall reiterat.
former statements.
The latter part Of this decision was
read by capt. Lemly To the witness in
order that he might confine his answer
| in accordance Herewith. capt. Leml!-
then asked him to proceed to make
such corrections of his testimony or
such additions in the nature of correc-
tions as he might desire. capt SigS
bee answered as follows
SIGSBEE AGAIN TESTIFIES
Il have carefully. since my last t"s
timony. gone over all Of my official
documents. all of my private letters
and the records OF the St. Paul. | have
no correction to make in the testimony
then gave 50 far as ii was given. eI-
cepting that | said | could not recol-
lect whether there We're one or two as
semblages of commanding officers
aboard ship of Santiago before the
arrival of the flying squadron there on
the 2Gth. and that if there were two
visits one must have been on board
the Yale. My log shows there We're two
| asscmblages, both on board the Har-
ward. ana that I Went on the second
visit with the captain of the Yale and
from that had come to the conclusion
that the second visit was on board the
Yale. That is the only correction
desire Ia make"
Capt. Lemly-"You will find that
You are likewise privileged ut this time
to max" additions in the nature of cor
! rections TO your testimony. This | say
not for the purpose of suggesting any
thing but merely for the purpose of
giving you the opportunity which the
court intends you shall have"
Il desire to state that l inform "a