The Montgomery advertiser., 1901-09-21
sursd that the chart was not to be used

| eureo tnat the chart was not 70 DC uset
 The witness also told of the fieets ieav ing Santiago for Key West on the nigh of Its arrival at the former place and o how after steaming westward for some commcdore's signals turned and steamed | to within two or thre miles of the mouth
 What happened to cause the decision 70 return to Key Wests. the witness
 T don't know" was the reply. What was the condition of the weather at the time for ccaMng at sea?' " was not impossible to coal, think. ? Did you have any conference with the commanding offioer in regard to return. ing to santiago after yoa had gotton on the y way to Key West
 all we did was to follow the signals oi a sne nassship: the signals Of the command.
 Speaking of the conditions when san tiago harbor was again reached the Ad- miraI said that he could see we'll into the hafbor and that he saw the Spanish snip Colon lying in the outer harbor. ssi. d,u st not tS. n,on seeing Ssher beyond Moro Castle. The vessel had | lain there until she was fired upon, ,s which was done on May slst and had Describing this engagement Admiral Higginson said 1t was on tae day before | the arrival of ro-inforcements under Ad- miral Sampson. He said that Admiral he wanted 'to go in and Are on the Co- lon''
 So we went in and fired on her." con- tinued the witness.
 He said the shots fell short of the Co., Ion and that the Spanish batteries had in turn fired at the bombarding ships.
 In reply to questions az to what had tss wtnssn 1sa sS the ss9 draw the fire of the Spanish shore bat composed of. .e sitionr'
 .I did not think 1t amounted to any
 Where was Admiral schiey during the At one time he was with me in the ccnning tower. but most of the time he was was on the outside of it. was near him Admiral schlsy's Manner. snIo Describe the Admirai's manner in this
 T hardly know how to answer that question except to say that his manner was that of a commander-ln-chief"
 The Judge Advocate then asked:
 what impression did the Admiral q mannsr in that engagement make upon
 MT. Raynor. of counsel for schiey, ob- Jected to this question and after some contention the question was withdrawn.
 Judge Advocate Lemley stated before withdrawing the question that he con- sidered the point as embraced in the pre- sSspt Ss and s said that while the task was a duty to press 1t and intimated that he would do so at another time.
 Way did not you go in and destroy Judge Advocate Lemfey asked. '-
 Because we were not orderd to- re- plid the witness.
 Later on the witness vols ntesred ths have been destroyed where she lay at anchor that day.
 Admiral Higginson stated in reply. to questions from Captain Lemiey that as he could recall the only verbal orders
 The Judge Advocate then offered Ad- Ir ssyns h. os tss s..a sa .S % in line of duty. ,g.s
 Judge Wilson. of the counsel for Admit ral schley said no objection would be cant did not desire the unNbtectioT sf the acceptance of the report to opsfate
 certain Lemiey announced ,fss f.e haa no further questions to ask of Admiral Higginson. and counsel for Admiral Schley stated 1t had no questions to put. It was then stated by Captain Lensley that the court had some questions of it's own to ask.
 Court Asks Questions.
 These were written and the first was concerning the elevation of the guns dur ing the bombardment Of the Colon on May 2. The reply was that at first they were 7,S0O feet and latterly 5000 feet. The next question was to whether there where the flying squadron could have coaled after its arrival at Santiago.
 Admiral Higginson replied that Guanta- namo was only 70 miles to the east.
 The third question coming as it did from the court created something of a sensation which was added to by the re- ply The question was:
 Was every effort made by Admiral Schley to destroy or caIsture the Spanish steamer Colon as she lay at anchor in the S1st of May?"
 "Object, object" came from each of Admiral Schley's counsel, but before a halt could be called the witness had re- piled.
 No, don't think 1t was.''
 The question and the reply led to le-
 Judge Wilson and Mir Raynor both gave reasons for their objections. They contended that the question called for the opinion of witness whereas only facts were admissible.
 Judge Raynor asked:
 May I ask the court if according to the method of procedure here the court has ruled that we are not at liberty to object to any question at all that may be asked?'
 To this Admiral Dewey replied:
 "While this court is ordered to investi- gate all the facts, we have the right to ask any question that will bring out the facts. One of the charges against Ad- nliral Schley is whether or not every ef- fort incumbent upon the commanding of- ffcer of the fleet under such circum- stances was made by Commodore Schley fo capture or destroy the Spanish cruiser Colon as she lay at anchor in the en- trance to Santiago harbor May N to Sl and we have his Admiral Higginson' s) | opinion. This court by the precept Is | ohII0ed to give an opinion upon the con- | clusion of the investigation now in the | opinion of the court and in order to. form our opinion we want Admiral Hig- | ginson's opinion on that subject"
 Looking for the Facts.
 Iuaqe Wilson: "I understand that pre- cent reading it through from end to end to be simply this, that there shall he an investigation to get at the facts. then vHu express your opinion, but you | are not called upon, as I must respectful | Iv submit are not permitted to take | Somebody elses opinion. You have a | rirht to get all the facts you can, and | thst ia what we want, but otherwise you | viii see at once that you might have d | great variety of opinions and all the | oninions of subordinates. In other words | the precept don oHin,on GdI TOT ns ,hn ,shnyDody @ opinion except the oPiiiA"A oi tie hoiioh- ape e4iral GGgl'p: Dewey: 'In the opinion of one member of the court. ana perhaps Of the ntbars we do not ask his opinion, but for o'liea 7 ntas s.rnent of matter of fact. We ask. .wss everything done.' we don't say in your opinion. s. o,. .~4o,.a.s ....., r,ent quoting many. legal authorities nleLt' tLa admissibility of opinions on