The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-01
Estimate of the Record in
Schley Inquiry Proceedings.
Last Day Of Taking Original
Testimony in Case.
THE END APPROACHES.
A Few Witnesses to Be Called
For Corrections
And the Celebrated Case Will
Be Concluded.

Washington, Nov. 1.-The Schley
court of inquiry began its proceedings
today with the understanding that with
the exception of some witnesses who
will be recalled to correct their testi-
mony on Monday next, the last testi-
mony would be taken before adjourn
ment. There We're only two witnesses
on the list for today. and the under
standing when the court opened was
that after they should be heard the
court would adjourn over until Monday
next.
The witnesses called for today were
both summoned by the department, and
were Lieut. John Hood, who command
ed the dispatch boat Hawk during the
Cuban campaign, and Mr.. Sylvester
Scovel, who was a newspaper corre-
spondent in Cuba during the Spanish
war; Lieut. Hood was summoned for
the purpose of relating his version OF
his interview with Admiral Schley ON
Cienfuegos and Mr.. ScoVel was called
to answer questions concerning the
message which Capt Sigsbee of the St
Paul is said to have megaphoned to the
press boat Somers N. Smith on May
2S. Photographer Hare testified that
at that time Capt. Sfgsbee stated that
the Spanish fleet was not in the har-
Dor of Santiago, and gave the name or
Mr.. Scovel as enc of the correspond
entS on DOard the press pOat with NM
self at that time.
Admiral Schley was in the court room
half an hour before proceedings began
but he announced that he would not be
able to undertake the correction of his
testimony before next Monday.
There were five whole days of it,,
he said "and to go over it and make
the necessary corrections is no light
task" 1t is probable that he will have
something more to say concerning his
interview on May is with Admiral
Sampson relative to which Capt. Chad
wick spoke yesterday.
witnesses in sur-rebuttal, and it is ex-
pected that the argument will begin
soon after Admiral Schley concludes
the correction of his testimony. How
long the court may take to consider
| the evidence is entirely problemattcal.
The members of the tribunal are evi-
IDENTIFY preparing to devote consideraple
| time to the consideration of the teS-
| timony, for they have taken rooms IN
the city for this purpose. The testimony
covers 1000 printed pages, and the
| court sat thirty-six days in listening
| to it. With the additions yet to. be
made in the way of argument and doc
| uments, the record probably VIII run
over 1,700 pages.
| tering the hall today, this being the first
| time that absolute promptness has not
been observed Judge Advocate Lemly
announced that counsel had agreed on
case, subject to the sanction of the
court Mr. Hanna is to open for the
department He will be followed by
Capt. Parker and Mr.. Rayner. for Ad-
miral Schley and 9Ldge. Advocate Lem
ly, will close for the department
Admiral Dewey announced that this
arrangement was satisfactory to the
court.
I Captain Lemly then brought up the
question of the character of the argu-
ment to be made. saying: Il would
like for my information to ask the IN
structions of the court as to whether or
not we are expected in the closing argu-
ment to confne ourselves to the evil
dence and to the scope of the precepr
as defined by the court. 1 mean tho
arguments made both by counsel Tor
the applicant and by my associate ana
myself"
Mr. Rayner: 1--WE have to confine our
selves to the evidence, but do not wish
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: Il think that shoulo
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 us entirely, / assume, In stat
ing Just exactly the words and the man
ner and SO on. That would be a question
which at the time they would nave 10
saw whether 1t was proper or not
Mr. Rayner: "Of course in making an
argument we won't pretend to refer TO
anything not in the record. We are
bound by that, but I do not want to
have any more restrictions placed upon
nv argument than 1 would on any other
| court I want the constitutional right to
argue this case within proper bounds
| and with great respect to everybody con-
| cerned, but to make criticisms as they
appear proper to me, or to make COM
ment. If I should find, for instance.
that I believed a witness has not told
| the truth 1 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
the bridge we Will cross it"
SCOVIL CALLED
Sylvester Scovil was then called as the
| while on the press boat somers N.
| Smith as a newspaper correspondent on
| May 27 or 28 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 con-
! Quoting the interview.
The witness said the Somers n. Smith
| was about 75 or 100 feet from the St
| Paul during the conversation
"Give US as nearly rs you can. the
| words of that conversation" said Capt.
| Lemly.
| I'VE had been sent to find Commodore
| Schley and the first question of course
| was Where is Schley?' and the answer
| from Capt Sigsbee was You will find
| him in the Yucatan passage and then
| o11r hoaf WAS very slow.