| Show COUNSEL REST THEIR CASE War Department Introduces Rebuttal May Call More Witnesses ses Lemly Against Strict Rul s Washington Oct n tin the th court of opened today toda jait Carlt ar t T r f S 13 Bordon ordon was as called no the lirt Witness of or the t e day land ns as tho the last witness who was to testify t In Admiral A hi behalf It hall hail been expected that Admiral Barker Darker would be called but It I has bus latterly been decided that lili ills testimony If It given would not b be material mal and It Is not now expected that he h will testify te Capt Bordon Dorden Is la an officer In m tho marine marIno corps and nd served on the Brooklyn during durIn the the Cuban campaign Ills His testimony was vas there therefore fore tore largely corroborative of at time the evi evl evidence deuce dence which has heretofore been slyest given by b others who wore on o the Brooklyn The time remainder of ot the day It was ae ex OX expected expected Peeled when the tho court opened would bt be 1 taken up with the thc hearing of ot wit witness ness called by the navy nay department fur f I r i the purpose of ot Impeaching certain parts paris of ot the testimony given slen In sup support SU support port of ot Admiral Inch Included led in inthe Inthe inthe the list lilt for tur this purpose Is Clip D ot of the St fit Paul Capt French K n ChadwIck of at Admiral Samp kens sona flagship the New Now York Mr lIr BI v iter ScoVIl who was a 0 newspaper correspondent In Cuban waters during durin the campaign MaJ T I N Wood who served on hoard board tho the Massachusetts as os marine LIeu Commander lotts l B and Grant who also at so were werd werdon cr cron on the Massachusetts os and Capt Joseph Josoph Eaton Ellton who was Vas on the time Resolute TO T IN REBUTTAL Capt has bas been called for tor tho the purpose of et rebutting the thc testimony as asto asto asto to his to the Somers Corners N Smith press boat boot and also his conversation on the Brooklyn to which witnesses have Ime testified that he Ito told Commodore hley the tho Spaniards were not in San Santiago SAntiago tiago lingo Mr Scovil was waa also summoned for tho thi purpose of ot rebutting testimony as os asto osto asto to Capt Rigsbee to the Somera Somers N Smith Capt Chadwick was tailed called to 10 testify concerning the thie conference ho he tween Admiral sampson son and Commo Commodore dore Schley on May 19 Mei Wood Wo d Commander Potts ott and LI ut Grant Orami were expected exve to testify relative to the tha wardroom conversation on the II chusett on Ott May fu sj S 3 in winch which bears Bean JK js J to havu of o the jb difficulty Begetting 10 0 embark upon the In 1119 harbor r at Santiago which took place on that day da The Th counsel for tor Admiral Schley Sebley were prepared d to make technical l objections to most moat of ot this testimony and anti the day da began with the that much of ot the tho time would be 00 occupied pled pied In discussing mints at It Issue be between between tween counsel on the tho two UNO sides of oC the theco case co se Admiral Schley will probably not re return return return turn to the thc witness stand for the cor correction section of ot his Ills testimony for or two or three days LAST WITNESS Capt Borden said Bald ho lie had haa been junior marine marino officer omen on the Brooklyn and he hesta stated sta ted that the distance of ot the block blockading blockading ading line from the thc entrance to the tha harbor at nt Santiago was not to four and a halt half to 10 five I miles lie He he had seers seen sc n picket boats At night dur during durIng ing hg Commodore command there The vessels u had hIM steamed about t four tour and a halt half miles back and forth at night Speaking of ot the events eventa of ot the th battle was Vas 1100 yards ards and that this was given was wall 1100 yards and that this lists wn wit a given n Just before the tho the tho maximum L range rane was 2500 yard lie He had clearly ob ot observed served the loop and speak speaking lI speaking ing of this be he said MId In the this of the thc turn I fired suns guns on either side starboard and port Smoke was very ery thick k at al that time and during the turn I saw sai 51 no vessels at lit all nil although I had hada hadn a n plain view out of ot the tho tern stern ports porI II I judge I J could see Bee about MO tOO yards din dill distinctly In reply rep to 10 questions from Mr tr Kay hay Kaynor Ra Ranor haynor nor he said he hue had seen Been Commodore three times 1 during durIn the battle and that his hll bearing was everything that the officers and crew could have havo expected Ills HIS MOST VIVID RECOLLECTION n The witness th then n related other mel inci incidents dents of the battle saying II The Thc most vivid feature of t the battle haUle in my may In recollection lection just after aUer tho the Brooklyn had bad made her hr turn I had relieved the gun kun captain o In Charge barge ot of the starboard Jer gun and I II fired In train At that time lime I could fOud see lee no other Ameri merl American can can ship I On tho the fact was brought out that tha Turing durIng the turn ho he hod I Ii i had ild d been In cheese charge of ot the guns In the stern rn of th hip ihlo and had not been ban Able abiC to see fC an ah ahead au auf d dT T f Capt Borden orden waR then excused and andas jUt as he left heft tn tu the stand Mr Ir Haynor said be he would have haV no nn more moto witnesses to call att H He wW Ill CASE C ron FOB Y CLOSED May It the court we have havo closed ol our ease rille This ThIll statement made at 1115 n a nm nm ain m in and an I the nta made In such quietness that It Is ii doubtful whether Its ill purport was understood by halt half those e present CUPL Parker arker then asked to have put nut Jut In 1 1 a II number of ot documents In Including eluding th the report of ot the Ihl battle of or July 2 3 Z Admiral made from front Monte Montevideo Montevideo video July U 13 iWO 1110 This report never neer has hal ben been print printed Following is an ex cx extract tract from It II DOCUMENTS IK TS IN I EVIDENCE In my 10 Judgment nt from an all unobstructed ed jJ view of or the tit entire fold field of action during th the combat the tM Vi a a was not nut more th then u IW UIN T distant My 31 flag IlliG lieutenant Jl standing at my elbow re cc reminded reminded minded me sue that th the distance between the leaders t of ot the squadron n namI and amI our urh l is 11 approaching our tactical il Th The I at It this till instase nr la 11 The Tho then to starboard to meet Intel what i r l to tn I he lie h the last of ot the thO attempt attempts to ram yam the Brooklyn for tor the tho Viscaya then U n t m d square to tar star starboard board and followed tollow tb th Maria Teresa until the th hatters destruction c tru Uon on These Thue facts t tl admit of ot no to for te r rare thay J v var Inde independent nd jung Judg Judgment jU are ar based upon th the Ir ment and observation of ot two 10 rv 1 persons person JOn and upon the I tiie hinds hands of ot a person skilled In Ha its UM SiP teU SiPI I Ti ow I Ten len minutes were Vele cons this I In pee report whIch w f FIRST l WITNESS Grant Gr nt Wile was then three Una t witness for tor rebuttal called i The witness was WAa w t ted fl only tho the events event 0 Wizen Commodore S Schley Massachusetts went ab ara th tha In Ing for the tha pUt OIt of nal 1 a and the Colon Collin to t the th bombarding C lion Uon in which Still Sears flag flat ant Of ot the tho B Brooklyn who a com W Commodore bley on o tint hS i ecat was represented as a urgie that DO no ob bb Itt les be Put tn iii th the way YBY tilt the ga g on because lISh he w was to haVe said lAId It had ii bt enough to BEt ge the Jp jp to th the point of it In reply to Ot said lie hat seen Liest Seab on boa lbs during th the ta or and that he first w him bi i on the r about U it o of that day 1 I liar had been below continued I tto ne 7 to get Bit time tho powder for i i Between tween n 11 and 11 o oi I 1 T went vent wills ith Sears Seaq Into the nail SH 0 1 while hi he fl M M hands lo to going into in the tho wardroom and I lad had a tuItion with him la that at the wardroom table The TIo witness said that tho th navigator was waa present part of the tha time this At A the tha h he thought about ih sixteen cS tw were practically the entire nies I want you to stale what the th con was in stateroom o th navigator At this point the wu brought to n a sudden end by Mr lUy fla riot nor saying I object Addressing the court Mr made mado a vigorous sp b claiming that the in the wardroom vl ai to the case that as It is and as os Admiral Schley was a slot the evidence YM was clearly IB Is admissible If this talk could be jp any remark made by Sears at any other place could b be in reduced Mr Me quoted authorities In support of hl his conte lion Mr Hanna Contended that the tU was wag material and therefore vs a thor aw s Following rapt the rem k Ss r t Is d to hav M Pot For Gods sake dont him moaning Commodore y It Is nil all that we have hare been able to do to work hint him up to this Cant Capt Parker Packer followed with a brief speech In support of Mr con If It he said officers are to be judged by all the foolish and ridiculous things young officers say In the wardroom I dont doat know what would become of them Time The court then retired to consider the tha point raised OBJECTION SUSTAINED The members of the court were la In consultation for fifteen apt and when they returned Admiral Dewey an announced flounced the courts court decision as a follows The objection as made Is sustained by y the tho The witness was ras then excused ant and after a brief consultation between Capt Lemly and Mr Hann Capt was recalled When he had taken Ms his se seat t Mr Jr llama Hanna stated that the witness hid been called for the purpose of securing such facts at as he might be of ofas ofus as us the court or counsel might want ant to elicit from him This statement brought Mr Mm to his feet with the remark Ton Toil an calling In rebuttal ef ci ecorse Capt dont call It we called Capt because fe he Is Li wanted to testify I RIGHT TO Apparently Mr Kaynor was sur sw surprised swI I Ho lie said eald have Hare we U the right after wo we have closes close the case to recall I I witnesses except In iii rebuttal That I would lead head to an interminable cue The I rule of law Is you can rebut anything I that has been brought out tat atit you I cannot call witnesses to former farmer I statements th they y have made There u Is uno IsI I no objection to a witness lit botti Capt Is wa waho ho sa s I 1 closed the me case I did net netI et I close clow it I simply said ald We rest sr bets betsI I I and I propose to 0 call further I hereafter I am only going to call all tm as th the court thinks we mieN I nary samy In order to ha have the tho f faCtS 1 Ho contended that this In in an I I and not a prosecution and hit thit tM I usual rules of opening and nd 54 I of rebuttal and followed to Is IsI I ordinary courts of law jaw were sot not to toW toWI M followed In this case I Time The controversy between counsel cOts con continued I for some time Mr Nn Hanna Banns he had hail a conversation with Mr I Raynor In which the Utter latter bad h prOW prom promised I II I lard to be liberal In testimony loony mony Replying Mr MI W that his promise had only applied to 0 re rebutting rebutting butting testimony proper MIL HANNA TAKES EXCEPTION Mr llama Hanna then took up the vi tion of the treatment of the c CI t H took exception to the tt Of t of hit his and Capt OB Oi U this i the a prosecution case as point he said i As to the lbS use 5 of the language which has been here that this U Is very ver l lI like I cannot allow the record to 0 Iii WOrd l or I that shape without two upon that point K If this ca baA In any manner approached tt bat i ad 5 prosecution it has been due to t tIon Ion of the applicant and Ws hl tO consideratiOn Out of generous applicant w we ha have e allowed tEll t this rule mla of the law to te he his Interest That ThatIs Is thit Is 15 not prosecution law h has devised l to treta Prot d men man who ls is and defend o a t sort of a charge has leen wirt ef come In before this That was mats In faor f P against him huni A court of has tho right tO Uk UI 7 ion which It nay nuy and In any manner In wt to prosecute IU Its l n ry to t fay down Continued CB on p fU t J 11 1 I COUNSEL REST THEIR CASE Continued d from froni pogo page alra on one oat binding u If the court pleases PInS I to adhere to them veil well and good but bu l buwe ut t we do not desire In our proceedings proceeding s here hero when the tho applicant la Is represented d by ablo abl and skilled counsel I to have havo the th e stigma of ot a prosecutor placed upon the th e his associate That Tha t IM IY nil all outrageous and unwarranted d word MR Mn RAYNOR REPLIES Replying Mr Haynor said gald that he be li e had never referred to tho the Inquiry lr as ns n a ea prosecution but said that he tie had r nO tented ferrod to it ns oS ft ii trial and had so eo 5 0 considered it He lie aim refused to con concede concede cede that any special generosity hal hail l been displayed In tho the ease case Capt Copt Parker l called the lie attention of ot o f the tha court to the naval regulations for tor fo r isa 1 In which the tho word prosecution la II i S rS used in connection with Ith courts of In Inqui inquiry qui Then nt nl 1250 tho the court tools look to a re rl recess cess ls until 2 without deciding the thc th e point raised GO |
