Morning Oregonian. (Portland, Or.) 1861-1937, October 03, 1901, Page 2, Image 2

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AttexuiitsTto Ue tUe."Wa? Department
to Further the Scheme The
Major's Price.
WASHINGTON, Oct. 2. In the Colonel
Heistand investigation today "William C.
Mclntyre, who was attorney for Major
Hawkes at the time he made his settle
ment with Colonel Heistand, related the
substance of an interview with General
Corbln concerning the settlement.
Hawkcs, it appears, desired an appoint
ment in & way of settlement, and General
Corbln ordered him (Mclntyre) to Assist
ant Secretary Meiklejohn. The latter,
disclaiming any connection with the hemp
combination, eaid he would be glad to do
something for Hawkes. The details of the
settlement effected, according to Mcln
tyre, Included the appointment of Hawkes
to a civil position. Mclntyre wanted a
promise that Hawkes should be retained
in the office, but Mr. Meiklejohn had said
he could not give such assurances. He
added that nothing ever was said by Mr.
Meiklejohn indicating that the appoint
ment was made as a consideration of the
Major Hawkes was called and ques
tioned regarding the bill of expenses ho
had presented, and concerning copies of
letters written by Hawkes to Heistand.
The witness said he had no knowledge of
coDfcs havinsr "been made at the time of
settlement. These copies were made by aJ
friend, who had the papers for a time
without -(his knowledge.
Senator Harris questioned himconcern
ing a letter he had written to Colonel Hei
stand, which conflicted with his present
statement He declared that his present
statement was correct. The witness had
written James E. Boyd, of the company,
releasing him from any claim, because
Boyd was the witness' personal friend.
Major Hawkes also said that he never
learned from any of the persons named
Boyd, Allen, Corbln and Meiklejohn that
they -were in the company, all such- rep
resentations coming from Heistand.
Captain H. R. Wharton testified con
cerning a meeting in Dudley & Mlche
ner's office, when Heistand and Hawkes
were present. The talk was upon the
subject of the profits of the hemp deal.
He heard mention of the names of Boyd,
Meiklejohn, Heistand and Hawkes, but in
what connection he could not say.
General H. C. Corbln, Adjutant-General,
testified that Colonel Heistand made
a general statement to him concerning
the organization of a company, and
asked him if he would like to Invest In it.
He then favored the concern, but two
or three days later he told Heistand that
he had no money to Invest In any com
pany. Some time afterward Assistant
Secretary Allen came to him and said
that a man named Hawkes was using
both their names to float some scheme.
He told Allen that Hawkes had no au
thority to use his name. Neither Boyd
nor Meiklejohn ever talked to him con
cerning the organization of the company.
He had never discussed the matter with
Hawkes. He knew of Hawkes, as he was
appointed in the volunteers, and subse
quently applied for another appointment.
The papers for the latter place were
withdrawn. r Later Hawkes came to him
with a claim against Heistand, and he
had sent it to Heistand. That was all
his connection with the matter. He
wanted to state, he said, for the honor
of his country, that he never heard it in
timated before that the War Department
could be used for any dishonorable pur
pose. Judge James E. Boyd also denied any
connection with the company. He had
known Hawkts for several years, and
helped Tiim to get a commission in the
volunteers. No suggestion ever was
made that he (Boyd) was to receive stock
in the company for nothing.
Major Hawkes said he had endeavored
to sell the whole story to New York pa
pers, and likewise had unsuccessfully of
fered to sell it to the National Democratic
Committee, prior to the election, for $300
"and other considerations." The offer was
not accepted. Itawkes said he then with
drew the papers upon assurance from a
Government official that his case would be
taken up and satisfactorily settled.
He was asked if he. had not approached
Lawrence S. Holt, of North Carolina, and
offered to hush up the case for a consid
eration of $S00. Hawkes replied, in heat,
that $800 would not hush up anything.
"Any man that says so is a liar and I
will so brand him."
Major Hawkes testified as to his Inter
views of Flint, Eddy & Co., of New
York, to- whom he announced his purpose
of organizing a company "to control the
hemp trade of the Philippines."
He said Colonel Heistand had guaran
teed that if the combination were- put
through the tariffs could be "fixed." Hei
stand had said he could get a Mr. Smith,
at the head of the Insular Bureau of the
War Department, into the combination.
Adjourned until tomorrow.
Summary at Returns Received, by the
Controller of the Currency.
WASHINGTON, Oct 2. The Control
ler of the Currency has prepared a sum
mary of returns Telatlve to the organiza
tion of National banks under the provi
sions of the National currency law, amend
ed by the act of March 14, 1900, statistics
being brought down to the close of Sep
tember, 1901.
During the 1S& 'months ended Septem
ber 50 there were organized 815 banks,
with a capital of 536,512,000, and with a
deposit of bonds as securities for circula
tion of 510,656,750. Included in the num
ber of banks are 96, with capital -under
550,000 each, and aggregate capital stock
of 512,747,000. Banks of capital of 550,000
or over number 229. and aggregate capi
tal being 523,855,000.
In number of organizations the Middle
States lead with 224 and capital of 512,
055,000. The Western States organized 151
with a capital of 54,895,000; the .Pacific
States, including Hawaii, 22, with a cap
ital of 51,435,000. In point of number of
organizations, Texas leads with 90 hanks.
Since March 14, 1900, the number of banks
In existence has increased from 3617 to 4254,
the capital stock from 5616,309,095 to 5661,
851,695; bonds deposited, from 5244,612,570
to 5330,721,930, and circulation secured by
bonds and by lawful money from 5254,402,
730 to 5358,830,548, is an Increase of 5104,
427,817. HAY MAY RETIRE.
If He Docs, Gxrse Says Root Will Be
His Successor.
DENVER, Oct 2. A special to the Re
publican from Boulder, Colo.j says:
Lyman J. Gage, Secretary of the "United
States Treasury, arrived here today, on
his way to Camp Talcott Speaking of the
rumored intention of Secretary Hay to
retire from the Cabinet, Mr. Gage said:
"Secretary Hay is getting tired of the
business He Is a man of the strlptest
honor. He is very sensitive, however, and
It hurts him. after he has worked hard,
to be misrepresented and lampooned. He
is Independently rich. He can do as he
wishes, go wherever he desires. He has
a very few Intimate friends, and would
rather enjoy life surrounded by agreeable
companions and his books than attend to
the tiresome routine of the office of Sec
retary of State. I should not be surprised
If he would soon withdraw. If so. Root
will probably be his successor."
A Comparative Report hy the Indus
trial Commission.
WASHINGTON, Oct 2. A comparative
report upon labor legislation was Issued
today hy the Industrial Commission. It
shows that only as to a few subjects does
foreign legislation exceed In bulk and de
tail the legislation enacted by this coun
try. The most important subjects legis
lated upon abroad, but not touched upon
by this Government or its states and 'ter
ritories, are the state Insurance systems
found ,in some European countries -and
some of the Australian colonies, hut not
as yet in Great Britain, and the great
guild system of Germany, corresponding
In a measure to our state legislation re
specting labor unions, but establishing a
far more -elaborate system. Legislation
upon the Continent is more precise and
definite as to apprenticeship than in this
country or in England. The tendency in
the Unitea States has been to abolish
apprentice laws entirely, or for such laws
to fall into disuse, the control of ap
prentice to depend upon the action of la
bor unions. Continental legislation also
exceeds that of this country in factory
acta, regulation of shops, hours of labor,
sweat shops, employment, etc. There is
an elaborate system of legislation for the
Interference by the state in labor disputes,
found In Its perfection in France and Bel
gium, but more or less also in other Eu
ropean countries, as well as in the Aus
tralian colonies.
No country except the United States,
according to? the report, has legislation
giving political protection to labor. This
may be attributed to the European cus
tom of leaving such matters to the po
lice or military- There is an essence
abroad of special legislation for certain
classes, like railway employes; of stat
utes against combinations by emplbyers'
or employes against blacklisting, strikes
and boycotts. Blacklisting, however, is
impossible In some European countries
where every workman is furnished an
official pass-book, in which the employers
must write the date and reason for the
No Discrimination Against Japanese
WASHINGTON. Oct 2. The Japanese
Government has been told courteously
that the United States officials had no in
tention to discriminate on account of race
in making the personal examinations in
quarantine at San Francisco and Honolulu
which led to the filing of remo.nstrances
by the former government. The quaran
tine rules are said to have been based on
purely geographical and sanitary consid
erations, and are not enforced toward
Japanese with greater rigor than toward
other peoples. It is believed that the ex
planation will be satisfactory.
Commander of the Ranger.
WASHINGTON, Oct. 2. Commander
William P. Potter has been detached
.from the -League Island navy-yard, Phil
adelphia, and ordered to command the
Ranger on the Pacific station. The or
der previously assigning Commander Den
nis H. Mahan, at the Puget Sound navy
yard, to that vessel, has been revoked.
Lieutenant-Colonel John M. Mclnnes,
Ordnance Department, has been ordered
to San Francisco, for duty as Chief Ord
nance Officer of the Department of Cali
fornia. Xevr Almond Imported.
WASHINGTON, Oct 2. The Depart
ment of Agriculture has finally succeeded
in securing the Jordan almond, exporta
tion of which has been rigorously prohib
ited by Spain for some years, and this
Government will now experiment with it
to determine the best localities for grow
ing it This species of almond is regarded
by the agricultural authorities as the
finest in the world. The bush has been
forwarded here by the department's
agent, who is exploring that section of
the world for rare plants.
Will Discontinue Dying Bonds.
WASHINGTON. Oct 2. The Secretary
of the Treasury announced today the in
tention of the Treasury Department to
discontinue for the present the purchase
of bonds for the sinking fund. The amount
of 520,000,000 for which proposals were in
vited on September 10 was reached at noon
today. By the terms of the Secretary's
announcement today no further proposals
in the existing circumstances will be con
This Time It Is Over the Use of Judge
Frcar's Room.
HONOLULU. H. L, Sept. 25, via Vic
toria, B. C, Oct. 2. The first Circuit and
Superior Court of the Territory had an
other clash last Friday. As a result, the
bailiff of the Supreme Court and the bail
iff of the grand jury of the Circuit Court
had a physical encounter outside the
room occupied by the grand jury, the two
officers meeting in efforts to carry out
the orders given them.
The cause of the trouble this time was
the occupancy of the chambers of Chief
Justice Frear, who Is absent, by the grand
jury. The room formerly occupied by the
jury was too small, and Deputy Attorney
General Davis asked Judge Gear for a
better room, proposing to use Frear's
room- Gear stated that he had no author
ity to order the jury to occupy Frear's
room, but that the jurors could do so if
they wished. Davis at once secured the
keys, and the jury began to use the
Friday morning Associate Justice Perry,
the only member of the Supreme Court
who Is in the city now.-ordered Bailiff
McGurn to take possession of the room
and exclude the grand jury. He took the
position that it was on outrageous invar
sion of Frear's private office for the grand
jury to enter the room.
When McGurn -started to unlock the
door of the room he was resisted by Bail
iff Noy, of the grand Jury. Hd overpow
ered Noy, and then Judge Gear, him
self, of the First Circuit Court who had
been attracted by the noise, stood guard
at the door of the grand jury's quarters
and defied the Supreme Court bailiff to
oust him. The bailiff was just about to
do so when Justice Perry stopped him.
The Department of Public Works author
ized the use of the room, and it Is still
being used. An order signed by Judge
Gear is on the door ordering all persons
except those entitled to enter the room to
keep out as the grand Jury's private pa
pers are in the room.
Tax on Rogers Estate. N
NEW YORK, Oct. 2. The official ap
praisement of the estate of Jacob S.
Rogers, the locomotive builder, of Pater
son, N. J., who left his millions to the
Metropolitan Museum of Art, has been
filed at the Surrogate's office in Paterson.
It shows that his estate Is valued at a
little more than 53,500,000.
Double taxes will have to he paid on all
the personal property. In the first place,
the State of New Jersey will exact 5 per
cent on the whole of this valuation, as the
executors have to give an account of this
to the state. Second, each state has laws
providing that no stock will be transferred
from the name of a deceased person on
the stock book of a corporation unless a
tax Is paid on it In some states this tax
Is high. In this way the holdings will be
taxed twice, as most of the stock Is in
companies outside of New Jersey. This
tax alone will deplete the estate by fully
Question of Riparian Rights.
MOBILE, Ala., Oct 2. Judge Toulmln,
of the United States Circuit Court, has
rendered an Important decision against
the City of Mobile, In an equity suit In
volving the ownership of valuable prop
erty within the limits of the city. The
question was one of riparian rights and
ownership, and Judge Toulmln decided
that while the legal title to the lahd was
in the name of the city it was est6pped
from asserting title because It had been
granting property-owners the right to
build wharves and bulkheads. This liti
gation involved the possession of the en
tire river front, valued at 520,000,000, and
the suit, while it involved only about
5100.000 of values, has settled the law as
to ownership of the river front and its
many valuable Improvements, sheds,
warehouses, docks, mills, booms, etc.
To Cure a Cold in One Day
Take Laxative Bromo Quinine Tablets. AH
drug-gists refund the money if it falls to cure.
E. TV. Grove's signature is on each box. 25c.
(Continued from First Page.)
Judge-Advocate Did you attach, "to your
official report of July 3 a copy .of 'the notes
of said action?
"Yes, sir."
"Where did you obtain this copy?"
"From the executive officer. Lieutenant
"Did you, at the time, know whether
there were any differences between this
copyr as attached to your, official report,
and the copy as it appears on your, log
"Yes, sir; I knew there was some slight
"From whom did you learn these dif
ferences, and was any explanation made
of this fact to you?"
"When I was writing my report of the
aetion of- July a I said to Lieutenant Har
low: 'I desire a copy of your notes taken
during the action to accompany my re
port to the Admiral.' His reply, as I
how remember It, was: 'Those notes
were taken for the representative of a'
newspaper on board the Brooklyn, and 1
would like to make some changes in
them.' I said.: 'Very well, I wish the
notes to go with my report.' He after
ward submitted to me the notes written
in scrip, which I read over and enclosed
in my report to the Admiral."
"Mention has been made of the copy
,, o ; o -
of the notes sent to the Brooklyn which
were printed on board that vessel. Do
you recognize that paper?" (handing him
a printed pamphlet).
"I have seen a copy of this before. If
I am not . mistaken several were sent
through the Vixen."
"What does it purport to be?"
"An account of the engagement with
the Spanish squadron as" seen 'from the U.
S. S. Vixen, July 3, 1893, U. S. S. Brook
lyn, flagship."
Comparison of Notes.
At this point Judge-Advocate Lemly had
the witness compare the original copy of
the Harlow notes with the copy printed
on board the Brooklyn; with the result
of shdwing that the notes had been
changed before being printed, so as to
make the- account say that at 10:05 the
two ieading ships of the enemy "bore well
on the Brooklyn's starboard quarter," in
stead of on her "starboard bow," and that
at 11:45 the Brooklyn was "one point on
port bow," instead of "one point on star
board bow."
The court then adjourned for luncHeon.
"When the court, reconvened alter
lunch, Captain Lemly continued his ques
tioning of Commander Sharp concerning
the changes in the notes made by Lieu
tenant Harlow, as follows:
Judge Advocate In the entry made In
your log, hour 10:15, the two leading ships
of the enemy are given as well on the
starboard bow of the Brooklyn, are they
Commander Sharp (reading) "The two
leading ships of the enemy were well
on her starboard bow," yes, sir.
"Now In the copy printed on the Brook
lyn, what Is the bearing of those ships?"
Commander Sharp (reading) "The two
leading ships were well on her starboard
quarter." It says "quarter" here and
"bow" In the notes of the Vixen's log.
"Then the Brooklyn Is placed further
ahead by the printed copy of the log, is
she not?"
"Either ahead or the ships of the Span
ish fleet further astern, yes, sir."
"In the entry made at 11:45 A. M. It
appears from your log that the Brooklyn
bore one point on the port bow of the
Vixen, does it not?"
Commander Sharp (reading) "The
Brooklyn one point on the port bow dis
tant about three miles." In the notes
"Brooklyn one point on the starboard
bow distant about three miles." '
"What is the effect of the differences
between the copy of the log book and
the notes?"
"The copy of the Brooklyn's printed
notes would put the Brooklyn further In
shore or the Vixen further out, sir, as
the case might be."
Cross-examining the witness, Captain
Parker elicited from him the statement
that the print of the word "starboard"
in Lieutenant Harlow's entry for 11:45,
as printed in the Brooklyn print of the
notes, corresponds with the official print
as given In the appendix, that word be
ing given in place of the word "port," as
originally stated In the notes. Captain
Parker also called the attention of the
witness to the entry In Lieutenant Har
low's notes, wherein he said: "11:15, thB
Iowa is gaining on the Massachus
etts," and asked if he had read the notes
at the time, calling his attention to the
fact that the Massachusetts was then
at Guantanamo. Commander Sharp re
plied that he did read the notes, but
thought he must have overlooked this no
tation. Changes in the Copy.
Captain Parker then asked whether it
was not true that the changes from the
original copy, appearing In the Brooklyn
print, had been made by Lieutenant Har
low himself before he delivered the
transcript to him (Sharp) for Commodore
Schley. The witness replied that he did
not think so.
Captain Parker You can hardly remem
ber at this time whether the Brooklyn
was on the starboard or port bow, can
"Yes, sir; tny impression is she was on
the port bow."
Captain Parker Now, knowing that
fact, may it not be possible that, before
you sent those notes to. the Commodore
the word "starboard" may have been
changed Into "port" or vice versa? If
you read the notes over before you took
them to the Commodore and saw any
Inaccuracies you probably ' would have
changed them, would you not?
"I am afraid I did not look them over
as carefully as-1 should have done. That
is an error undoubtedly about the Brook
lyn being on the starboard bow. It was
on the port side."
Mr. Raynor Do you remember when you
handed to Commodore Schley the' type
written transcript of the Harlow notes
from which the pamphlet was printed
that you said: "Commodore Schley, theSB
are the true notes of the fight, which
will stand."
"I have no recollection of using such
"I want to see if you recollect this in
cident: Do you remember that, on the
afternoon of the 1st or 2d of July, you
were called alongside the Brooklyn and
by a megaphone message from Lieuten
ant Sears, speaking for Commodore
Schleyt directed to go to the New York
and report to Admiral Sampson that Com
modore Schley had observed suspicious
movements of smoke In the harbor, indi
cating that vessels were moving toward
tVio nntr-irna onrl ffcnf r"nTnTnnrIntA Schlev
thought the enemy was preparing to come
iOui; mat you oia go 10 me w n&
and report to Admiral Sampson, as di
rected, and that by Admiral Sampson you
jvere ordered to go to each vessel on the
blockade and repeat Commodore Schley's
message with an additional order from Ad
miral Sampson, directing the ships to
close In and keep a sharp lookout; that
you performed this duty and so report
ed later in the same day that you had
done as directed?"
His memory Failed. -
"I have no remembrance of the occur
rence, I am sorry to say. I wish I could
"Is it possible that this could have oc
curred? The "Vixen was constantly on er
rands of this sort?"
"And, owing to the many services and
missions of that sort she performed, is
it probable you might have forgotten
"It is 'always probable, possible, also."
The court asked a number of questions,
which, with responses, were as follows:
"Were the positions of the Brooklyn
and Oregon, relative to the Vixen during
the battle of July 3, taken from Lieutenant
Harlow's notes or from your personal ob-,
"From my recollection of the fight that
"During the attack on the Colon May
31, could you see if the shots from the
squadron struck near the enemy?"
"I could not"
By the court What conversation, If any,
- - - - - - o o --
Leave of Absence v I
Granted tKe"
Ambassador, to 1
NEW YORK. Oct. 2. According
to a dispatch to the "World from
London, Ambassador Choate has
applied to the State Department at
Washington for leave of absence,
and proposes to sail for tfeW York
a week from next Saturday. It is
believed Mr. Choate's visit to
Washlnston Is Inspired mainly by
his desire to obtain an agreement
on the canal treaty, although, of
course, he also has personal rea
sons for undertaking the trip.
had you with- Commodore Schley relat
ing to the object of the bombardment on
May 31, while you were taking him to the
"The only conversation I remember was
that relative to what should become of
the Vixen after the Commodore left"
By the court What 4 signals, If any,
were made by Jhe Brooklyn from the
commencement to the end of the battle
of July 3?
"The Brooklyn had hoisted the signal:
Enemy attempting to escape.'- That Is In
the notes. There may have" been others,
but I do not find any here."
By the court State the oVders under
which you acted when on blockade when
off Santiago.
"My Impression is that I received my
instructions from Commander McCalla to
So Inside the line of vessels and to the
seaward of Santiago about two miles.
That Is for the 29th. 30th and 31st of
Slgsbee Recalled.
Captain Slgsbee was then recalled to
correct the official copy of his testimony
of yesterday, but before he proceeded, Mr.
( Raynor asked him whether, "In view of
me siuie ui. ine wuiiuiur aim me sea. un
May 26, ships could have coaled with
safety to them."
Captain Slgsbee replied i "Possibly, yes,
on the evening of the 26th, but at risk
of danger to the ships. The weather had
somewhat abated and I can not say that
it would have been impossible."
Captain Slgsbee also made an addition
to his statement of yesterday concerning
any statement that he might have made
to Admiral Sampson or any one else, to
the effect that Commodore Schley was
blockading 'Santiago harbor 25 miles out
at sea. He said:
"I did not and never have stated that
Admiral Schley was blockading 25 miles
out at sea."
The court asked questions of Captain
Slgsbee as follows:
"You have stated there were two meet
ings of commanding officers off Santiago
while you were blockading there, have
you not?"
"I stated that, to 'the best of my recol
lection, there were. I am not too firm in
the belief. I am p6sltive of one."
"Upon what ship or ships were these
meetings or this meeting held?"
"Either the Yale or the Harvard."
"Were the meetings accidental or by or
der of the senior officer present?"
"By order of the senior officer present."
"What was the object of these meet
ings?" "They were informal meetings to talk
over the situation. I remember I ob
jected to one because the Spaniards might
come out and catch us out of our ships
at any time, and I wanted to go aboard
my ship. The meeting was broken up on
my account."
Mr. Hanna handed to Captain Slgsbee a
press copy book containing the order to
himself, In response to which he had pro
ceeded to Santiago to meet the flying
squadron. The dispatch read: "Proceed
at once off Santiago. The Spanish fleet
is reported there; communicate occasion
ally." Captain Slgsbee said the dispatch was
correct. He was then excused.
Watch Officer of the Brooklyn.
When Captain Slgsbee left the witness
stand he was succeeded by Lieutenant
James G. Doyle, who was watch officer
on board Commodore Schley's flagship,
the Brooklyn, during the Spanish war.
There was much Interest in his appear
ance, as he Is the first of the Brooklyn's
officers to be called sipce the Inquiry be
gan. He was called by the department,
but when Captain Lemly had concluded
his examination Mr. Raynor announced
that it had been Admiral Schley's In
tention to have Lieutenant 'Doyle sum
moned as a witness in his behalf. He,
therefore, with the consent of the Court,
questioned the witness as If his examina
tion had been in chief and did not con
fine himself to cross-examination.
Jn response to questions by Captain
Lemly, Lieutenant Doyle said that, dur
ing the battle of Santiago, he had had
charge of the two-waist turrets. He had,
he said, written the log giving the ac
count of the battle as there recorded, but
afterward an addenda had been made by
the Navigator. When the Brooklyn
steamed westward the witness was first
in the port turret and then in the star
board turret.
"Did you have an opportunity of ob
serving which way the vessel turned?"
Captain Lemly asked.
The witness responded in the affirma
tive. He said, however, that he did not
hear the orders given to the man at the
"What did you observe?"
"I observed, while in the port turret,
that we had an opportunity of firing at
the Spanish ships and the turret was
trained nearly ahead. The Spanish ships
were a little bit then on our port bow and
we lost sight of them by our ship turn
ing with a starboard helm. Then It was
that the order was given to man the star
board battery, and as I crossed from one
turret to the other I" observed the Span
ish ships a little bit on our starboard
bow. As soon as I got in that turret I
swung the gun sharp on the starboard
bow. In the meantime, some of our own
guns had fired, probably in the forward
8-inch turret, so I could see nothing at
all for" the dense smoke. While in that
position and while the turret was being
trained, Mr. Mason, the executive officer,
passed down the starboard gangway, 'tail
ing 'Sharp on the starboard quarter, and
I accordingly trained the turret around
and picked the Spanish up on our- star
board quarter, and from then on it wa3
a constant strain of the turret until we
had the Spanish ships about abeam."
"What do you mean, exactly, when you
say the vessel turned the starboard
"She was then turning with a starboard
helm because that Is the reason we lost
sight of the Spanish ships."
"But you do not mean. If 1 understand
you, she made the full turn with star-
board helm?"
"Oh, no"; at that time I was under the
Impression tliat It had, yes."" " '
"How did you come to enter In the ship's
log that the vessel turned with a star
board helm? Do you recognize that log
(handing him the log of the Brooklyn)?"
."I do."
Turning of the Port Helni.
The witness then, in response to a ques
tion, 'read to the court that- part of the
log book which relates to the turning of
the port helm, as follows:
"At 9:30, went to quarters for muster,
and Inspection and Immediately after
ward the Spanish squadron was "noticed
coming outT-of the harbor. The leading
ship, the Maria Theresa, flagship, opened
Are at once, This ship (the Brooklyn) and
the other vessels, namely, Texas, Oregon,
Indiana, Iowa, Vixen and Gloucester, en
gaged the enemy at once. The enemy
stood towards us at first, then put helm
aport and stood alongshore close into the
westward. We engaged with port bat
tery at first, standing 'In for the Maria
Theresa, the Colon and the Vlzcaya, all
three of which we engaged, but just as
soon as the enemy stood to the west
ward, put helm to port, swinging (a lit
tle interline here) clear of the fire of the
Texas so as to bring the starboard bat
tery to bear and stood parallel to the en
emy." The witness then stated that the orig
inal entiy In the log had made It appear
that the helm was put to starboaVd In
stead of to port, as It appears In the per
manent log. The change, he said, had
been made July 5, two days after the ac
tion. Asked why he changed It, Mr. Doyle
"I changed it after I had had a discus
sion with Sharp. I had been under the
impression, as I have stated, that we
had turned with a starboard helm. Sharp
was aboard the Brooklyn on July 5 to
luncheon with us, and I had a discus
sion with him that day on that subject
I think that Is the time I changed it"
"Do you know whether the Navigator
had then signed the log as correct?"
"I do not, sir."
"Why wbre the Interlined words put in?"
"They were put In, I think; In fact, I
know, at the suggestion of some person,
probably the Navigator. They were put
in evidently after the log was written up,
because they are interlined."
"About how was the ship heading at
that time within the ciuadrant of a cir
cle southward to westward, northward to
Movements of the Brooklyn.
"We were headed at the beginning of
the battle Inshore; that Is to say, the
head of our ship was probably about
north, and as soon as the Spanish ships
came out and I got on top of the port tur
ret, the ship was then moving ahead and
,turnlng with port helm, because the Span
ish ships were a little on our starboard
bow, but we were making the port bat
tery, and started to swing first and
brought the port battery into action. Now
then,' we must have continued around
there, as I know now, but when I was in
the starboard turret we lost sight of the
ships because they were on our part bow."
"The effect, then, of putting the helm
aport, omitting the interlined words, In
order to bring the starboard battery to
bear, would be to send the vessel through
more than ISO degrees, would It not, in
"Certainly, yes; we were headed about
northeast, and that would 'mean more than
ISO degrees."
"The cheaper way would have been to
put the helm to starboard, would it not?"
"I am not prepared to say."
"If the ship was headed northeast and
the chase was going nearly west, or on a
westward course?"
"Yes, you could make the turn in that
"Do you, of your own knowledge, know
of anything to prevent your turning?"
"When I was on top of the starboard
turret It looked very much to me a9
though we were going to have a general
melee or mix-up with the Spanish ships."
"How far were they from you at that
"When we look them up on the star
board quarter, after we made part of the
turn, as I remember the range, it was 1400
"How do you verify that range?"
"I have no way of verifying that. We
had to take the range given to us."
"What I mean by verifying Is as to
whether or not shots were fired at that
range, and how they fell."
"I did not see the shots. I fired at that
range; I fired one, I know."
Mr. Raynor then took the witness and
asked him if It were not true that the
change In the log was not due to an
error on the part of the witness and to
no desire on the part of anybody to falsify
the facts.
"Absolutely," was the response.
"And the error," continued Mr. Ray
nor, "occurred, as I understand you to
say', In this way: That during the action
you could not see on account of the smoke,
and that the ship did turn with starboard
helm and was so entered."
"Yes," was the reply. "We lost track
of the enemy In the first Instance with
the port battery by our own bow shutting
the enemy out and showing that at that
time we must have had our helm a little
to starboard or that the enemy was going
with starboard helm."
"And then, when you learned you had
been mistaken, you made the change?"
"I changed the entry, and I think If you
had the rough copy here you would find
It was changed in my own handwriting."
Testimony for Schley.
Mr. Raynor then stated to the court that
It was his desire to treat Lieutenant Doyle
as a witness for Admiral Schley. To this
the court assented, and Mr. Raynor asked
the witness a series of questions calcu
lated to bring out a brief history of the
Brooklyn's part in the Santiago campaign
and a full statement of his observations
while an officer on board that vessel.
Mr. Doyle said in response to these ques
tions that while at Key West, which port
the Brooklyn had left at the head of the
flying squadron, May 19, 1S98, he had heard
nothing of the Spanish fleet, nor had he
then been Informed of a secret code of
signals arranged by Captain McCalla for
communicating with the Cuban insurgents.
Relating the particulars of the blockade
oft Clenfuegos by the flying squadron
from May 21 to 24, Lieutenant Doyle said
he recalled the arrival xof the Iowa and
the Dupont off Clenfuegos on May 22, of
the Hawk on the 23d, and of the Marble
head on the 24th. He said that he had
observed three lights which looked like
bonfires on the shore each night that the
squadron lay off Clenfuegos, but that
neither he nor any one else on board, so
far as he knew, understood their purport
He also told of a reconnaissance of the
harbor at Clenfuegos the evening of May
22, of the conversation with the officers of
the British ship AduTa, and of the arrival
of the Marblehead and the departure of
the entire squadron for Santiago after the
last-named vessel had communicated with
the Cubans ashore.
The Start for Santiago.
Then he said, on the night of the 24th,
the ships formed in squadron and started
eastward, the speed at first being nine
knot9 an hour, but afterwards being re
duced to accommodate the small vessels,
the Vixen and the Eagle. When they
made their start there was quite a surf,
a "long swell off the sea," and on the 25th
the weather was still worse, making it
very dlttlcuft for the yachts to keep up.
Lieutenant Doyle placed the distance of
the American fleet off Santiago from the
mouth of the harbor at from three to
Catarrh Spreads Like a Malignant
John J. Lane, Grand Keeper of Records, of the Grand Ccmmandery of New
York, "United Order of the Golden Cross, writes from 303 W. Thirtieth St.. New
York City, as follows:
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place Pernna at the head of the medicines known to the profession In
cases of catarrh of the system. I have been cured myself through the
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Mr. Robert Metters, Murdock, Neb.,
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Robert Metters.
John Kerr, 543 Tenth avenue, New York
City, writes:
"I first took Peruna for a catarrh rem
edy, but while I was using it for catarrh
I learned that it proved a great remedy
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ever, my food tasted natural, and the
heavy feeling that I used to have after
four miles, and said there were picket
boats on the inside of the line. Speaking
of the bombardment of the Colon, May 31,
Lieutenant Doyle said that Its effect had
been to develop the fact that the Span
lards had two guns in their land bat
teries. Mr. Raynor asked:
"When was the circular form of block
ade commenced?"
While no mention was made of the name
of Admiral Sampson, this question was
evidently regarded as an attempt to bring
his blockade into the case for purposes
of comparison, and Captain Lemly wtes
prompt In noting a sharp and vigorous ob
jection. Without waiting for any argu
ment on the point, the court Immediately,
announced a' brief recess. The members
retired for a minute or two, and when
they returned, Admiral Dewey said:
"The court decides that all questions re
lating to the blockade off Santiago must
be confined to the time prior to the ar
rival of the commander-in-chief."
The court then adjourned for the dsiy.
Georgia Delegate Spoke for the Nica
ragua Canal.
SIOUX FALLS, S. D., Oct 2. Harris
Jordan, of Georgia, president of the ,
Southern Interstate Cotton Growers' As
sociation, at today's session of the Farm- i
ers National Convention, declared that '
the Nicaragua Canal was a great Na
tional necessity and while the South and
West would get a large share of the bene
fit, the East would also profit. He de
clared that the great transcontinental
railroads will bring heavy pressure to
bear to defeat the canal legislation.
Grain Denlers' Association.
DES MOINES, la., Oct. 2. Fully 600
delegates from all parts of the country
attended tho opening meeting of the sixth
annual session of the National Grain
Dealers' Association in this city In the
new Auditorium, at 9 o'clock this morn
ing. Governor Leslie M. Shaw, Mayor
Hartenblower and Lafe Young, of the
New coughs are bad
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Ayer's Cherry Pectoral cures
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Talk with him about it.
"My mother had consumption for
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Then she tried Ayer's Cherry Pectoral
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Jolly, Avoca, N. Y.
25c, SOc, $1.00. J. C. AYER CO., Lowell, Mass.
eating disappeared. There Is no tonic
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John Kerr Is secretary of Prospect Coun
cil of the Catholic Benevolent Legion of
New York. This Is one of the biggest
I Catholic organizations In New York, and
us memoersnip runs into tne inousanas.
His place of business is at 121 Tenth ave
nue. New York City.
An cx-Prlme Minister Indorses Pe-ru-na.
Hon. Celso Caesar Moreno, ex-Prime
Minister to Hawaii, writes from Wash
ington, D. C: .
"I can commend your grent nation
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friends throughout the country as a
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positive enre for the universal dis
ease, catarrh, and those "who will
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Address Dr. Hartman, President of The
Hartman Sanitarium, Columbus, O,
Cereal Club, welcomed the delegates.
President B. A. Lockwood, of Des Moines,
delivered his annual address.
Porto Ricnns to Visit United States.
BUFFALO. Oct. 2. Information has
beei given out here by Porto Ricans at
tending the Pan-American Exposition that
the Chambers of Commerce in the prin
cipal cities of Porto Rico have selected
delegates of business and financial promi
nence to represent the commercial in
terests of the island. The delegation will
make a trip to the United States during
October and visit the commercial centers.
This visit 13 said to bo the result of a
universal desire on the part of the busi
ness men In the different cities of the
United States to become familiar with tho
trade conditions of Porto Rico and tho
possibility of developing those markets.
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Tho housekeeper
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