Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-01
SCHLEY INQUIRY
DRAWING TO A CLOSE
The Testimony Covers Sixteen Hundred
Printed Pages Court Has Listened
To 1t for Thirty.Six Days.

washington, Nov l.--Ihe schiey
court of inquiry began its proceedings
today with the understanding that with
,ba exception of some witnesses who
win be recalled to correct their testi-
mony on Monday next, the last tesu-
mony would be taken before adjourn
ment There were 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
Lieut.. John Hood, who commanded the
dispatch boat Hawk during the cuban
campaign. was summoned for the pur-
nose Of relating his version OF his inter-
view with Admiral schley off Clenfue-
eos sylvester scovll was called to an
swer 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 sigsbee stated that the
Spanish fleet was not in the harbor Oh
Santiago, and gave the name OF mr.
scoyil as one of the correspondents on
board the press boat with himself at
that time.
Admiral schley was In the courtroom
half an hour before proceedings began,
but he announced he would not be aba
to undertake the correction of his testi-
mony before next week.
There were Ave whole days Of IT,
he said, and to so over It and make
the necessary corrections is no light
task"
II Ia probable that he win have some
thing more 10 say concerning his inter-
view on May Is, with Admiral samp-
son relative to which Capt. Chadwick
spoke yesterday
NO SUR REBUTTAL WITNESSES
II is not now intended to call any
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 predetermined
The members OF the tribunal are evi-
IDENTIFY preparing 70 devote considerable
time to the consideration of the testl-
mony for they have taken rooms In the
city for this purpose. The testimony
covers 1000 printed pages, and the
court sat thirty-sx days In listening to
It. With the additions yet TO be made
in the way Of argument and documents
the. record probably will run over l,1u0
pages.
COUNSEL AGREE ON PLANS.
The court was six minutes late in en-
terlng the hall today, this being the
first time that absolute promptness mas
not been observed Judge Advocate
Lemly announced that counsel hac
agreed on the order Of the speeches In
closing the 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.. Raynor for
Schley and Advocate
Lemly will close for the department.
Dewey announced that this ar
was satisfactory to the
court.
CHARACTER OF ARGUMENT.
Capt, Lemly then brought up the
question OF the character OF the argu-
ment TO be made, saying: Il would
like for my own information TO ask the
instructions OF the court as 10 whether
or not We are expected In the closing
argument to confine ourselves 10 the
evidence and TO the scope OF the pre-
cept as defined by the court mean the
arguments made both by counsel for
the applicant and by my associate and
myself"
Mr.. Raynor--We have to conflne our
selves TO the evidence but do not want
to be. entirely restricted. We cannot
allude to any facts that are not In the
evidence. but we win In making our al
fusion do II very respectfully and with
In proper bounds.
Capt. Lemly-1 think that should be
the general scope OF the argument. The
court has defined the scope Of the pre-
cept, but Of course, we could not under
take. and the court won't undertake,
to restrict ourselves entirely, assume,
In stating just exactly the words and
the manner. That would be a question
which al the time they would have to
say whether II was proper or not
WHAT COUNSEL EXPECT
Mr.. Raynor--of course, In making an
argument we won't pretend to refer TO
anything not In the record. We are
bound by that, but ! do not want TO
have any more restrictions placed upon
my argument than ] would In any other
court ! want the constitutional right
TO argue this case within proper bounds
and with great respect 10 everybody |
concerned, bur to make criticisms as |
they appear proper TO me, or TO make |
comment IL | should find, for instance. |
that believed witness has moi told |
The truth, ! should not hesitate 70 |
say so.
Capt. Lemiy--That Is right.
Admiral Dewey-There won't be any |
trouble about that. When we come 10 /
That bridge we win cross It.
SYLVESTER sCovM CALLED.
Sylvester Scovil was then called as
The first witness of the day. He said
that while on the press boat somers n. /
Smith. as newspaper correspondent 4
on May q OF Is II came up with the
81 Paul OF which Capt Sigsbee was in
command OFF Santiago. There was
with Cant. Slgsbee
through the megaphone and he him.
,elf had used the megaphone In con.
iuciing the interview.
The witness said the Somers N.
Smith was about rs or hundred feet
rom the St. Paul during the conyeraa-
ion.
Give US az nearly as you can the
words Of that conversation" said Capt.
Jemly
we had been cent TO find Commo-
lore Schicy a.d the frs. question, OF
'ourse. was Where Is Schleyg' and the