Evening star., 1901-11-01
SHORT SESSION HELD
Only Two Witnesses Before the Court
of Inquiry.
GOVERNMENT WILL CALL ANOTHER
Adjournment Taken Until Next
Monday.
PROGRAM OF ARGU UMENT


o'clock this morning, and after being in
session little over an hour and half ad-
iourned until Monday. AT that time all the
witnesses had been heard on both sides
except one witness, who will probably ap-
pear Monday morning, being detained in a
hospital today on account of sickness. This
single witaess who is to be before the
court on Monday is Lieut. Strauss, who
was watch officer on board the Castine dur
ing the war with Spain. Before the court
adjourned the judge advocate announced
that there might be additional witnesses to
testify Monday morning, but he did not
know of any at this time. Admiral Schley
did not correct his testimony today, but
will do so Monday, when he may be asked
some additional questions.
Today's Proceedings.
Several witnesses who had given testi-
mony previously were called to the stand
in order to correct the printed report of the
proceedings, and Correspondent Scovel, who
was on the press boat Somers n. Smith
with which Capt. Sigsbee of the st. Paul
communicated was on the stand to testify
in relation to the megaphone message that
passed between the two ships. Mr.. Scovel
himself used the megaphone on board the
Smith. He said that Capt Sigsbee did not
tell him that the Spanish fleet was not in
Santiago. Lieut.. Hood was also recalled.
He testified in relation to his stay off Cien-
fuegos and his visit to the various vessels
of the flying squadron.
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 We're five
whole days of it, he said. and to go
ln ha ions i mot
a light task 1t is probable that he will
have something more to say concerning his
interview on May Is with Admiral Samp-
son relative to which Captain Chadwick
spoke yesterday.
A Bulky Record.
1t is expected that the argument will be-
gin soon after Admiral Schley concludes
the correction of his testimony. How long
the court may take to consider the evidence
is entirely problematical. The members of
the tribunal are evidently preparing to de-
vote considerable time to the consideration
of the testimony, for they have taken rooms
in the city for this purpose. The testimony
covers 1850 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 documents the record prob
ably will run over ,I0J pages.
Statements by the Judge Advocate.
Upon the assembling of the court at IL
o'clock today the judge advocate referred
to the testimony of Lieutenant Commander
c. H Harlow of the Vixen, who, while on
the stand, said that he could not remember
taking any message from Commodore
Schley to Admiral Sampson in relation to
the commodores statement that lie had
seen smoke in the harbor of Santiago on
the evening of July q Mr.. Harlow said
that he would look at his personal diary
after he returned to Boston and see wheth-
49, T.,
note in reference to such message. The
judge advocate today read letter from
Mr. Harlow. in which he said
Il would state that L have examined my
this message
The judge advocate also made state
ment in relation to the effort made to find
the record signal book of the Massachu-
setts, which was called for several days
ago by Mr.. Rayner for the purpose of
using it in connection with evidence relat-
ing TO signals that We're made from the
Massachusetts on the 31st of May, on the
occasion of the reconnaissance. He said
that search had been made at the Navy
Department for that book, and that it had
not been found. He said they might still
receive the signal book of the Iowa which
had been called for, and which he under
stood was down on the coast of Central
America, in the Iowa, and had not yet
been secured.
Order of Arguments.
Now said the judge advocate, contin-
uing, II would like to say that / have con-
ferred with senior counsel in the matter of
the closing arguments, and we have agreed,
subject to the approval of the court. that
my associate, Mr.. Hanna will open up and
be followed by Capt. Parker and Mr. Ray
ner in the order named. and that the Judge
advocate will close. If that is agreeable
that will be the order"
Admiral Dewey remarked that the court
coDcurred in that arrangement.
Il would like" resumed the Judge adyo-
cate, for my own information to ask the
instructions of the court as to whether or
not we are expected in the closing argu-
ments to confine ourselves TO the scope of
the precept and TO the testimony"
Mr.. Rayner remarked that they would
have to confine themselves to the evidence
but he did not want TO have it understood
that he could not say word that does not
follow from the evidence.
or course, he said, I'VE cannot be al
lowed TO allude TO any facts that are not
In the evidence. but whether We talk about
thing"
The judge advocate said he thought of
course they could not eonfiue their words to
the evidence, but that the argument would
De confined to the precept. The question
OF the language used would be a question
TO be considered at the time.
The court will remember" said the
Judge advocate, that in courts-martial and
courts OF inquiry not many years ago, be-
fore We used the modern Machinery in the
form of a stenographic report, arguments
presented to the court were read by the
court before being formally presented, and
II there was anything in those arguments
objectionable the counsel or whoever might
present it was so informed, and he was not
allowed TO read it, though If he insisted
upon it ii was appended to the record. /
think the court will remember when that
was the manner of proceeding. Still we
have modern machinery now, and 1t is not
practicable to do that, and it is not the
purpose of my remarks to ask that that be
DONE Even, now Will say that is the case
where We have no stenographers who are
only employed where Is express sanction of
the conyening authorities"
Mr.. Rayner: "Of course, In making argu-
ment We would not pretend 10 refer to any
thing not in the record, but do not want
to have restrictions placed on the argu-
ment. / would expect my constitutional
right TO argue this case as any other case,
within proper bounds, and to make criti-
cisms and comments as appear proper to
me. I would not like to have any festrfc-
tlon- Whenever / say anything improper
the Judge advocate can object and so can
the court have not written a word Of my
argument and do not propose to do that.
! Will not say anything Objectionable. If
believe witness has not told the truth.
which do not undertake to say now, or -