New-York tribune., 1901-09-21

said that Admiral schey had come aboard and
said that he wanted ito go in and fire on the
Colon"
so we went In and fired on her. continued
the witness. He said the shots fell short OF the
Colon and that the Spanish shore batteries nae
in turn fired at the bombarding ships
In reply to questions as TO what had been
accomplished by the bombardment. the witness
replied that 1t had served to draw the hre OF
the Spanish shore battery. and to give an IDEA
OF what it composed
What idea did you get of its composition!
Il did not think it amounted to anything
Where was Admiral Schley during the bonn
bardment?"
"At one time he was with me in the coming
tower but most of the time he was on the out
side OF it. I was near him most of the time
Describe the admlrais manner in this en-
gagement"
IL hardly know how to answer that question
except to say that his manner was that OF
commander-in-chief."
The Judge advocate then asked: What I'M
preston did the admirals manner in that en-
gagement make upon your
One of Admiral Schley's counsel objected to
this question and after some contention 1t was
withdrawn.
Judge Advocate Lemy stated before with
drawing the question that he considered the
point as embraced in the precept, and SAID
that while the task disagreeable one, ne
considered it his duty to press 1t. and intiia'eo
that he would do at another time.
POSSIBLE DESTRUCTION OF THE COLON.
why did you not go in and destroy the Colon
in the engagement May 31?" Judge-Advocate
Lemly asked the witness
Because we were not ordered to do So" was
the answer.
Iota fha yttnp
men, Il think the Colon could have been de-
stroyed where she lay at anchor that day.
Admiral Higginson stated in reply to ques-
tions from Captain Lemly that there We're no
written orders. and. so far as he couio re-
call, the only verbal orders were to GO In
The Judge advocate then offered Admiral Hig-
ginson's report of August B, saying the report
had been made in line of duty Judge WILSON,
of counsel for Admiral Schley, said no opJec-
ton would be made. but that counsel for the
applicant did not desire the unobjected ac-
ceptance of the report to operate as prece-
dent
Captain Lemy announced that he had no
further questions TO ask of Admiral Higglnsoh'
and counsel for Admiral Schley stated they had
no questions to put. 1t was then stated py
Captain Lemly that the court had some ques-
tions of its own to ask.
These were written, and the first was con-
cerning the elevation Of the guns during the
bombardment of the Colon on May 81 The re-
ply was that at fret they were 500 feet, ana
later 5000 feet. The next question was whether
there was any place of shelter near Santiago
where the Flying Squadron could have coaled
after it's arrival at Santiago"
Admiral Higginson replied that Guantanamo
was only forty miles to the east.
OBJECTION TO COURTS QUESTION.
The third question coming as it did from the
court created something of a sensation, which
was increased by the reply. The question was:
WAS every effort made by Admiral Schley to
destroy capture the Spanish steamer colon
as she lay at anchor In the harbor OF Santiago
between May 27 and 31?'
Object object" object" came from each
of Admiral Schley's counsel. but before a halt
could be called the witness had replied. No.
don't think il was"
The question and the reply led to legal con-
troversy. Judge Wilson and Mr.. Rayner both
gave reasons for their objections. They con-
tended that the question called for the opinion
of the witness. whereas only facts were admis
sible.
Judge Rayner asked: May / ask the court IL,
according to the method of procedure here. the
court has ruled that we are not a. liberty to OBJ
ject to any question at all that may be asked ?'
To this Admiral Dewey replied While this
court is ordered to investigate all the facts. we
have the right to ask any question that will
bring out the facts One of the charges against
Admiral Schley is whether or not every effort
incumbent upon the commanding officer of the
feet under such circumstances was made by
Commodore Schley to capture destroy the
Spanish cruiser Colon as she lay at anchor in
the entrance TO Santiago Harhor. May q to 81
h,
we have his admiral Higginson's) opinion This
court by the precept is obliged TO give opinion
upon the conclusion of the investigation. Now.
in the opinion Of the court and in order TO form
our opinion, wanted Admiral Higginson's
opinion on that subject"
Judge wilson, understand that precept read
ing it through from end TO end, to be simply
this that there shall be investigation to get
at the facts. And when you have got at the
facts, then you express your opinion but you
are not called upon. and I must respectfully sub
NIT. not permitted to take somebody else's
opinion You have right to get all the facts
you can, and that is what want but other
wise you will see at once that you might have
a great variety Of opinions. and all the opinions
of subordnates. In other words, the precept
does not call for anybody's opinion except the
opinion of this honorable court.
Admiral Dewey-In the opinion Of one member
Of the court, and perhaps Of the others we do
not ask his opinion. but for statement of a
matter of fact. We ask, Was everything done?'
We don't say I'm your opinion"
Judge Rayner made an extended argument
quoting many legal authorities against the ad-
missibility of opinions the part of witnesses
and he was speaking when, at / O'Clock. the
court took a recess OF hour for luncheon
THE APPEAL, SUSTAINED
Promptly at o'clock the court was again
called to order by Admiral Dewey, and Mr..
Rayner resumed his argument in opposition to