The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1901-09-26
COURT REC0NYENEs
Schley's Counsel Gains Import
ant Point at tFa Outset.
FACTS, NOT OPINIONS, WANTED
Ramsay, Successor to Howison, Proves
Satisfactory to Admiral Seh!ey.
Hissinson Put UP Az the :
First Witness.

The Schley court OF inquiry recon-
yened at Washington Friday and be-
fore adjournment examined four VIII
nesses. The most important incident
of the day was the decision OF tne
court withdrawing q question, put by
the court itself, asking witness 70
give his opinion concerning poins IN
controversy.
The witness was Rear Admiral Hig'
ginson, who participated In the San
tiago campaign as captain OF the pat,
tleship Massachusetts,. This vessel at
one time was part OF the flying
squadron commanded by Commodore
Schley, and the court asked him tc
state whether all possible measures
were taken to capture or destroy the
Spanish vessel Cristobol Colon as 1T
lay in Santiago harbor from May 2S
to June l, 1898.
Counsel for Admiral Schley objected
to the question on the ground that a.
reply would involve an opinion and
not statement of fact. Judge Adyo-
cate Lemly admitted that the prece-
dents were against the questions Of
this character, and the court with.
drew the interrogatory.
It is generally admitted that this de.
cision will have the effect Of material
ly shortening the term Of the court, as
will also the courts manifest inten-
ton to cut out irrelevant questions
and all hearsay testimony. In several
cases the witnesses were admonished
to relate only events coming within
their own observation. Admiral Dew.
ey showed himself prompt and meth.
odical presiding officer. He called the
court to order eactly at the designated
hour and adjourned It just as promptly
at o'clock. The attendance OF the
public was sman
The court was called to order By q
simple word from Admiral Dewey.
The first order Of business was the
reading by Judge Advocate Lemly OF
the order Of the navy department ap.
pointing Rear Admiral Ramsay to g
place r :. the court in place Of Rear Ad-
nsiral Howison, and when this was ac.5
complished, Captain Lemly turned to
Admiral Schley and asked him wheth-
er he had objection to urge against
any member of the court. The admi.5
raj arose as this question was asked
and replied, 'T have not"
The judge advocate then swore the
members Of the court collectively and
was in turn sworn in as fudge adyo-
cate. The court then retired for con-
sultation. The withdrawal was for the
purpose Of discussing the methods OF
procedure.
At II o'clock the court returned from
It's consultation. Judge Advocate
Lemly, addressing Admiral Schley as
"the applicant" asked If he had any
suggestions to make as to the method
OF proceeding, whether he had some.
thing to offer or desired that he (Lem-
ly) proceed. The admiral responded
witha nod Of the head and move Of
the hand, "Go ahead"
MI. Lemly then presented the report
ct the bureau of navigation for 1893
a photographic chart Of the West In
dies and adjacent seas and other
charts. He stated explicitly that they
were introduced not as testimony, but
as books Of reference.
''Will they preclude the introdue-
ton of original documents" Judge
Wilson asked.
'Not at all" was the reply. "On the.
contrary. we shall desire to introduce
the original document when oppor..
tunity offers
Admiral Higginson, commander in
chief of the north Atlantic squadron.
was then called as witness. He was
on the stand for some time.