The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-11-01
SCHLBY WATCHED BY HOOD
The latter Sought Information to
Report TO Sampson.

Trip 90 CicnfUcE0s and His Return
To- hey West After the Comman-
der-in-Chicf Had Left There.
Speeches by Opposing Counsel Re
IutinE 10 the FIauI Summing Up.
Lieutenant John Hood was the prin-
cipaI witness before the Court Of Enquiry
today. Tie made the admission that be
had practically acted as a spy to observe
the movements Of Commodore Schley of
CienfucGas for the purpose Of reporting
them TO the Command,r-iu-chicf- He
made observations hut he did not COM
muuicate the result 70 Commodore SchIoy-
He talked with the of Gers OF the Flying
Squadron and then concluded that the
SPANISH fleet was not at Cfenfuegos. When
he returned on the Hawk 20 the blockade
off Havana, sampson was not there and
he made the report Of his observations
10 the commanding officer Of the Dol
phin. In substance. ne admitted that he
had made it his business TO watch schley
and then hasten and tell Sampson what
the commander of the FlyinE Squadron
was doing
The only other important witness to-
day was Sylvester ScoveI, a newspaper
correspondent who wos called by Cap
tain Lemly to testify to what Captain
Sigsbee told the men on the press boat
Somers y. Smith. The substance OF his
statement was that Captain Sigsbee. dur
ing the conversation Scovel had with him.
did not say that the Spanish feet was
not in Santiago. He would not say that
Captain Sigshee had not told anyone else
that. rs MIR. Hare testified. bu; he thought
that If Sigsbce had said so. he tScOveD
would have heard it,
The Court adjourned shortly before /
O'Clock today Captain Lemly said he
had another witness TO call, but that he
was sick in a hospital and he hoped TO
have him al the Court on Monday.
Admiral Schley viii then go on the
stand again to correct his testimony and
make any additional statement he may
desire. IT is thought that the arguments
Will begin on Monday afternoon, or Ger
tairly by Tuesday morning.
The judge advocate addressed the Court
briefly at the opening OF The session.
Captain Lemly-I have one or two pre-
hD,inary matters / would like to address
tho Court upon. In the first place. Lieu
tenant Harlow was recently written 10 TO
search his private diary with a view 10
ascertaininE any additional information
available regarding the vessels Of the
rect and concerning the message sent by
Schley u Sampson on July 2 have q
letter here from him. dated October 81
nFH hs4 DO So.
MS diary, and that he finds no record
II tnls message OF any reference TO IL
would now ike 10 say that have con-
ieIreo WIN senior counsel in the matter
OF closlHE argument. and that We have
agreed, subject 10 the sanction Of the
Court. that my associate. Mr.. Hanna.
VIII open. 10 be followed by Captain Par
ker ana Mr. Ravner in the order named
AID the judge advocate TO close II that
s agreeable 70 the Court, il VIII be the
The Court-That is entirely agreeable.
Limits Of the Argument.
Captain Lomly-I would like. for my in
formation, 10 ask the Instructions Of the
court as 10 whether we are expected 10
coIihue ourselves TO the evidence ana the
scope Of the precept as defined by the
Court ] mean the arguments made both
associate and myself
Ihe CCurt-Yes.
Nr. Rayner-Of course in our arguments
w NoAAA.NA a4lA4F 10 any flEfE that
NOT IN the evidence. But as u the way
We may talk is q different proposition
We. Of course, viii have latitude in the
matter. OF course we VIII argue rFeuact-
fully and within the proper bounds II il
dlmcult matter to define this business
however, and ] don't exactly understand
what the judge advocate is driving al
captain lemly-Ihe COurI has defined
lhe scope OF the preCcpt. but We could NOT
undertake the words and manner etc
OF the arguments. That is matter that
{ mn rgF FFrF a.. Frs~r~
as the arguments proceed. in courts of
enquiry and courts-rnartiaI in the mast
before modern methods were introduced
ana the stcnOgraphic report WAS avail
able, II was the practice to furnish the
Court with the arEumeIts-bef0re they
were read. That was before we had the
stenogT- ~er- II there appeared 10 be
anything oBJerSis--a'Ie in these argu-
mCntS. counsel who might have present
"a II were 50 Informed and were not al
loWtd 10 read IT, although IL might be
appended TO the record Of the enquiry,
The Court VIII remember that that yya-
the practice. OF course. row il IS not
practicable 10 do that and that was the
purpose Of my remark. Even now /
may add. that is the case where We have
not stencgraphers, and where stenograph-
ers are only employed where there Is ex-
press sanction Of the court.
Mr.. Rayner-Of course we would not
pretend 10 refer TO anything not in tho
record. We would be bound 10 c0nnne
ourselves 10 that. But / do not care 10
have these uncertain restrictions placed
upon me. / want the constitutional right
20 argue this case just the same as 1
would argue any other case. ] want 10
make comment and criticism. ] cannot
cOntne myself 10 some certain prearraug-
cd argument. ] have not written my ar
Eument and do not know exactly what
81 viii be. ] fail To see anything Obiec-
tOnablc IN conducting the arguments a
is usual II ] should find that ] believed
a witness had not told the truth / should
feel IL my duty to say so and II ] should
ind that a witness has made a mistake
should want TO point out that mistake.
don L want 70 be TeStri ted iu any such
way in my argument
The COurt-NO, not al all.
scOveI Talks of Sigsbee.
The Judge advocate then called Syl-
vcster Scovel. Of Havana. Cuba. formerly
the correspondent OF a New York paper
in Cuba, and stationed there as such dur
Ing the war
The cross-eXaminatio1 was conducted
b. Captain Lcmly. as follows.
Q.-What is your name and rcsidencc2
A.-Sylyester ScOvel, Havana
Q-Whcre were yoI during the recent
war with Spain i'm 1882
Al was in Cuba and vicinity
Q--Nhat was your occupation
A-NcWspaper correspondent.
Q-DUrlng the war were you on any
boat or bOstsZ
A.-Yes, I was on several boats.
Q.-Do you remember, and can you
Identity. this Somcrs y. SMITH
A--Aes, j was aboard her during the
war.
Q.-PIease state what occurred dIrina.
your stay on that boat, whether you fell
IN with the st. PauIg
A.-Yos. We fell in with the St Paul
a D..