The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-20


| der Admiral sampson He said that
Admiral Schley had come aboard and
said that he wanted ITO go in and
/ fire on the Colon"
$50 Ne Went in ana fred on her."
/ continued the witness. He said the
shots fell short of the Colon, and that
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 10 draw the fire Of the Spanish
shore battery and to give an idea Of
what 1T was composed of
What idea did you get of its compo-
sition?"
i did not think it amounted to any
where was Admiral schley during
! the commandments"
"At one time he was with me in the
coming tower, but most Of the time he
was on the outside Of it, I was near
him most of the time
Describe the admiral's manner in
| this engagement"
Il hardly know how to answer that
question except to say that his manner
was that of a Communicated chief"
The judge advocate then asked:
What impression did the admiral's
manner in that engagement make upon
you?'
Mr. Rayn0r Of counsel for Schley OBJ
! jected to this question and after some
contention the question was withdrawn.
Judge Advocate Lenley stated before
Withdrawing the question that he con-
sidered the point s embraced in the
precept and said that while the task
was a disagreeable one, he considered it
his duty to press it and intimated that
ne would do 50 at another time.
why did you not go in and destroy
the Colon in the engagement on May
a12" Judge Advocate Lemley asked the
witness
Because we were not ordered to do
So" replied the witness Later on the
witness volunteered the statement Il
think the Colon could have been de-
stroyed where she lay at anchor that
day"
Admiral Higginson stated in reply to
questions from Captain Lemley that
there were no written orders and SO far
as he could recall the only verbal or
ders We're to go in
The judge advocate then offered Ad-
miral HigginsOn's report of the 5th of
August, saying the report had been
made in line of duty Judge Wilson, OF
counsel for Admiral Schley, said no OBJ
lection would be made. but that coun-
sci for the applicant did not desire the
unObjected acceptance of the report to
operate as a precedent.
Captain Lemley announced that he
had no further questions to ask of Ad-
miral Higginson, and counsel for Ad-
miral Schley stated they had no dues-
tlOnS to put, 1t was then stated by
Captain Leniley that the court had
some questions Of its own TO ask.
They We're written. and the first was
concerning the elevation Of the guns
during the bOlnbardment of the Colon
on May 81. The reply was that at first
they We're 7o0 feet. and latterly 5000
feet The next question was as to
whether there was any place of shelter
near Santiago where the flying squad
ron could have coaled after its arrival
at Santiago
Admiral Higginson replied that GU
antanamo was only 40 miles to the east.
The third question coming as 1T 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 de-
stroy or capture the Spanish steamer
Colon as she lay at anchor in the har-
Dor at Santiago between the 9th and
3Ist Of May2''
object object sobject." came
from each of Admiral Schiey's counsel
but before a halt could be called the
witness had replied, mo, 1 don't think
it vas
The question and the reply led to a
legal controversy. Judge Wilson and
Mr.. Raynor both gave reasons for their
objections They contended that the
witness whereas only facts We're adnais-
sible.
Judge Raynor asked: May T ask the
court if according to the method of pro-
cedure 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 il ordered to 1nyes-
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
circumstances was made by Commo-
ff7AA
Spanish cruiser Colon as she lay at
anchor in the entrance at Santiago
harbor, May 27 to 81, inclusive. We
have asked that question and we have
his admiral Higginsons) opinion This
court by the precept is obliged to give
an opinion upon the conclusion of the
investigation. Now in the opinion of
the court and in order to form our
opinion we wanted Admiral Higgin-
sons opinion on that subject"
Judge Wilson II understand that
precept, reading il through from end to
end to be simply this. that there shall
be an investigation to get at the facts
And when you have gotten at the facts
then YOU express your opinion; but you
are not called upon. and I must re
spectfully submit are not permitted to
take some ebody's else opinion.
~ on have right to get all the facts
you can. and that is what we want,
but otherwise you will see at once that
You might have a great variety Of opin-
ions and all the opinions of subordi-
mates. In other words. the precept don't
call for anybody's opinion except the
opinion Of the honorable court"
Admiral Dewey. TN 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 done2'
We do not say in your opinion h
Judge Raynor made an extended ar
gument, quoting many legal authorities
against the admissibility of opinions on |
the part of Witnesses. and he was
speaking when at 1 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. Raynor resumed his argument in |
opposition to the admissibility of ques-
ticns intended to call out the opinions /