The St. Louis Republic., 1901-09-21
ScHLEY COURT OF INQUIRY
RESUMES ITS SESSIONS
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I beSSVueS ssS SeSSsSsS~
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mant. quoting many legal authoritie
against the admissibiity of opinions on tn
part of witnesses. and he was speaking
when. at o'clock. the court took a re
cess OF an hour for luncheon.
Promptly at o'clock the court was called
to order by Admiral Dewey. and Mr.. Ray
ner resumed his argument in opposition t
the admissibility of questions intended t
call out the opinions of witnesses. He con
tinued that il testimony giving opinion:
should be admitted, the inquiry would be in
terminable. If. for instance. opinions were
to be taken as to the propriety OF the looI
made by the Brooklyn. practically the en-
tire navy could be summoned, as all its
members were experts and each would have
his opinion. Witnesses were expected to re-
late facts: the court to give opinions.
Replying, Judge Advocate Lemly quoted
the record in the trial of Admiral Keppel
arguing that 1t was entirely within the dis
cretion of the 'corut to decide whether the
opinion of a witness who had been on the
ground should be called for by the court.
He thought, however. that 1.-The weight Of
authority was against asking the opinion
Of q witness
The court then withdrew its question as
to Admiral Higginson's opinion as to
whether Commodore Schley had done all
that could be done to destroy the Colon
while that vessel lay at anchor in Santiago
Bay.
Another question put by the court was
as to the distance the squadron lay out
from Santiago. and the reply was that 1t
was three or four miles out during the day
time and two or three miles out at night.
In reply to a question. he said that after
the bombardment of May 81 no further ef-
fort had been made to destroy the Colon.
because the vessel had gone inside the har-
bor g
CAPTAIN CHESTER'S
ADVICE ABOUT COALING.
Admiral Higginson was then excused and
Captain c. n. Chester, who commanded
the Cincinnati during the Spanish War. and
who is now in command OF the Naval War
College at Newport. was called.
Captain Chester related an interview he
had had with Admiral Schley. on board the
Brooklyn. off the south coast Of Cuba. on
MAY 20, 1885, He had told the Admiral that.
from his examination of the charts. he be-
lieyed coalinE feasible. but he thought 1t
would be done under great disadvantages.
He had expressed the opinion that boats
might be used or that more secure point
might be gained under the lees, thirty
miles TO eastward
corps. who commanded the marine forces
on the Massachusetts during the Spanish
war, testified to the circumstances connect
ed with that vessels operations during the
siege of Santiago. He said that the second
day after Santiago Bay was reached by the
flying squadron he had seen the Cristobal
Colon lying inside the harbor; that there
was at that time another Spanish vessel Of
the Vizcaya class partly visible. He
thought both were in view for three or
four days. The witness also said that when
Admiral Schley had come aboard the Mas
sactusetts, previous to the bombardment Of
the colon. on May 81. he had heard that Of
ficer say to Captain Higginson: I'VE are
going in, but we are not going sufficiently
near to endanger the vessels" He had
been told that the distance was to be TO-
600 feet.
HEARD sCHLEY,s
ORDER TO RETREAT.
After the bombardment ceased. Major
Wood said, the Spanish shore batteries con-
tinued to fire at. the American ships. AT
Lis point he had gone forward. where he
had again seen Commodore Schley.
Did you then hear any orders or instruc-
tions?" he was asked.
Il then heard someone say, and I be-
lieve from the sound of the voice that II
was Commodore Schley: 'Starboard your
helm and let's get out of this E" answered
TIE witness
Did you hear orders or Instructions given
by Commodore Schley after the bombard-
ment?'' asked the Judge Advocate.
The witness replied:
Il went upon the superstructurp IN ae,r 70
we were going in again. CT going any closer
SO as to know whether we would have a
CHARGE TO use the 6-inch batteries. of which
was in command. and I heard, as / be-
lieve, Commodore Schley, say to Captain
Higginson: 'Starboard your helm and let's
get out of this
"How clear is your recollection? Were
those his exact words?"
"As 1 remember. those were the exact
words. and at the time considered fben,
as having been made by Commodore
Schley There was quite number Of peo-
pie there upon the forward part of the
deck at that time. and from the recognition
of the voice and the general direction from
which it came, took 1t to be a remarl,
made by the flag officer. l suppose / was
probably eight feet away from the speaker
when l heard this remark made"
e "Did you hear 1t distinctly?'
"I heard it fairly distinctly. There was
bit o: confusion going on at the time caused
by persons walking around"
This had occurred on the port side of the
coming tower he said. and the Commo-
ore had been about eight feet from him.
Captain Harber. now Naval Attache at
Paris and St. Petersburg, who was execu-
tive officer on board the Texas during the
Spanish War, was asked. in the absence of
Captain Philip. to give detailed account
of the operations of that vessel during the
war. and he did so. The Texas had been a
part of the flying squadron. and the witness
said that when they steamed for Cienfuegos
the flagship had signaled I'VE go to Glen
fuesos to bag the Spaniards; wish you good
luck
Ir reply IN uuestions he said that when
Cieafuegos was reached earthworks were
discovered there. but no efforts were made
TO destroy them. Captain Harber was Ques-
toned as to orders concerning plans of bat
tie. hut ne said that. notwithstanding he
would have taken command in case of the
incapacity of Captain Philip. he received no
directions from the commander -in-chief. He
heard of no plans in case the enemy should
be engaged.
HAL NO INSTRUCTION
n nm nIcQ TEL z =.