The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-09-21

the Spanish shore batteries had in
turn fired at the bombarding ships.
In reply to questions as to what had
been accomplished by the lombard
ment, the witness replied that it had
served to draw the fire of the Span
ish shore battery, and to give an idea
OF what 1t was composed of.
what idea did you get of it's COM
position?"
Il didn't think it amounted to any,
thing"
schIcy Was on Deck.
Where was Admiral Schley during
the bombardment?"
AT one time he was with me in the
coming tower, but most of the time he
waS on the outside of it. 1 was near
hiIR most of the time"
describe the Admirals manner in
this engagement"
Il hardly know how to answer that
question except to say that his man
ner was that of a commander-in- chief"
The Judge advocate then asked:
What impression did the Admiral's
manner in that engagement make upon
you?"
Mr.. Rayner of counsel for Schley OBJ
Jected to this question and after some
contention the question was with
drawn.
Judge Advocate Lemly stated before
wlthdrawing the question that he con-
sldered the point as embraced in the
rrecept and said that while the task
was a disagreeable one, he considered
lt MS duty to press it and intimated
that he would do so at another time.
why did you not go in ahd destroy
the Colon in the engagement on May
Sl?' Judge Advocate Lemly asked the
witness,
"RacauSa ua xr,ara ,,o+ on5ou1l A.
so, replied the witness
Later on the witness volunteered the
statement 81 think the Colon could
nave been destroyed where she lay at
anchor that day."
Admiral Higginson stated in reply to
questions from Capt. Lemly that there
We're no written orders, and so far as
ne could recall the only verbal orders
were to GO i'm
The Court Asks Questions.
Capt. Lemly announced that he had
no further questions to ask of Admiral
Hlgginson, and counsel for Admiral
Schley stated they had no questions to
put. 1t was then stated by Capt. Lem
~ mat the court had some questions
of its own to ask.
These were written, and the first was
concerning the elevation of the guns
during the bombardment of the Colon
on May 81. The reply was that at
first they were 1900 feet and latterly
5000 feet. The next question was as
to whether there was any place of
shelter near Santiago where the Fly
ing Squadron could have coaled after
its arrival at Santiago.
Admiral Higginson replied that
Guantanamo was only forty 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
reply. The question was:
Was every effort made by Admiral
Schley to destroy or capture the Span
ish steamer Colon as she lay at an
chor in the harbor at Santiago between
the 9th and 31st of May?"
Object" "object" ,"object" came
from each of Admiral Schley's coun-
sci, but before a halt could be called
the witness had replied:
mo, l don't think it was"
The question and the reply led to a
legal controversy. Judge Wilson and
Mr.. Rayner both gave reasons for their
objection. They contended that the
question called for the opinion of the
witness, whereas only facts were ad-
miSSible.
Mr.. Rayner asked:
the method of procedure here, the
court has ruled that we are not at lib
erty to object to any question at all
that may be asked?'
A Matter of Opinion.
To this Admiral Dewey replied:
while this court is ordered to inves-
tigate 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 fleet under such circum-
stances was made by Commodore
Schley to capture or destroy the Span
ish cruiser Colon as she lay at anchor
in the entrance to Santiago harbor,
May 81 to 81. inclusive. We have ask
ed that question and we nave lis TAD
miral HigGInson's) opinion. This court
by the precepJ, is obliged to give an
opinion upon the conclusion OF the in
vestigation. Now, in the opinion of the
court, and IN order to form our opinion
we wanted Admiral Higsinson's opin-
ion on that subject"
Judge Wilson: II understand that
the precept, reading it from end TO end,
to be simply this. that there shall be
an inves stigation to get at the facts.
And when you have gotten at the facts
then you express your opinion, but yoG
are not called upon, and l must respect
fully submit are not permitted to take
somebody else'S opinion. Ill other
words, the precept doesn't call for any
body's opinion except the opinion Of
this honorable court"
Admiral Dewey: I'm the opinion of
one member of the court, and perhaps
of the others, we do not ask his opin-
ion, but for a statement of a matter
of fact We ask, Was everything
done? We don't say, I'm your opin-
ion"
Judge Rayner made an extended ar
gument, quoting many legal authorities
against the admissibility of opinions on
the part of witnesses, and he was
spenking when at / o'clock the court
took a recess of an hour for luncheon.
Promptly at o'clock the court was
called to order by Admiral Dewey and
Mr.. Rayner resumed his argument in
opposition to the admissibility of ques-
tions intended to call out the opinions
of witnesses.
LemIy's Fair Statement.
Replying, Judge Advocate Lemly
quoted the record in the trial of Ad-
miral Keppel, arguing that was entire
lv within the discretion of the court to
decide whether the opinion of wit
ness 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 opin-
ion of a witness"
Tha court then Withdrew its QueS-