The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-21
No Questions to be Asked Answers
to Which Must Involve
Opinions.
STATEMENTS OF FACTS ALONE WANTED
Hgginson's Opinion That Every Effort Wasn't
Made to Destroy tie Colon in Santiago
Harbor Leads to Decision That
Will Shorten Inquiry.
(By the Associated Press.)


Washington, Sept. 2O.-The Schley
court of inquiry re-convened today and
before adjournment examined four wit
ncsscs.
The most important incident of the day
was the decision of the court withdraw
ing question, put by the court itself,
asking a witness to give his opinion con-
cerning a point in controversy. The
witness was Rear Admiral Higginson,
who participated in the Santiago cam
paign as captain of the battleship Mas
sachusetts This vessel at one time was
a part of the flying squadron, command
ed by Commodore Schley, and the court
asked him to state whether all possible
stroy the Spanish vessel Cristobal Colon
as it lay in Santiago harbor from May
Goth to June 1st 1898.
Counsel for Admiral Schley. objected
to the question on the ground that a
reply would involve an opinion and not
a statement of facts. Judge Advocate
Lcmly admitted that the precedents
were against questions of this character,
tory.
1t is generally admitted that THIS de-
cision will have the effect of materially
shortening the term of the court, as
will also the courts manifest intention
to cut out irrelevant questions and all
hcresay testimony. In several cases
witnesses were admonshed to relate only
events coming within their own observa-
tion.
Admiral Dewey showed himself a
prompt and methodical presiding officer.
He called the court to order exactly at
the designated hour and adjourned it
just as promptly at 4 o'clock. The at
tendance of the public was small.
NO OBJECTION TO RAMSAY.
The court was called to order by a
simple word from Admiral Dewey. The
first order of business was the reading
by Judge Advocate Lemly of the order of
the Navy Department appointing Rear
Admiral Ramsay to place on the court
in place of Rear Admiral Howison, and
when this was accomplished. Captain
Lemly turned to Admiral Schley and
asked him whether he had objection to
urge against any member of the court
The Admiral arose as this question was
asked and replied Il have not"
The Judge Advocate then swore the
members of the court collectively and
was in turn sworn in as Judge Advocate.
The court then retired for consultation
The withdrawal was for the purpose OF
discussing the methods of procedure.
At 11:25 the court returned from its
consultation. Judge Advocate Lemly ad-
dressing Admiral Schley as "the appli-
can't" asked If he had any suggestions
to make as to the method of proceeding,
whether he had something to offer or de-
sired that he Uemly) proceed. The Ad-
miral responded with nod of the head
and move of the hand, go ahead
GETTING DOWN TO WORK.
Mr.. Lemly then presented the report
of the Bureau Of Navigation for 1898. a
photographic chart of the West Indies
and adjacent seas and other charts He
stated explicitly that they were intro
duced not as testimony but as books of
reference.
''Will they preclude the introduction of
original document?' Judge Wilson
asked
Not at ALL was the reply. On the
contrary, we shall desire to introduce
the original document when opportunity
offers.''
Higginson on the Stand.
admiral Higginson. commander in chic,
of the North Atlantic squadron was the
first witness called. He said he had. as
captain commanded the battlcship Massa
chusetts during the Spanish war and fol
part of the time the Massachusetts
had been part of the Flying Squadron
OF which Admiral Schley had been il
command. The squadron arrived at Ciel.
fuegos May 22nd
What was then done to secure com.
municatioE with the Cuban forces or
shore?' Captain Lemly asked.
Nothing to my knowledge" the wit
ness replied. Il didn't see that any
thing was done, but l understood that
information concerning the Cubans was
received through Captain McCalla"
Admiral Higginson said in response to
questions that this was later. In reply
to questions he said that the Massachu-