Evening journal., 1901-09-21

be aSked?"
To this Admiral Dewey replied:
while the 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
Admiral Schley is whether or not every
EFFORT incumbent upon the commanding
officer Of the fleet under such ciroum-
stances was made by Commodore
Sehley to capture or destroy the Span
lsh cruises Colon as she lay at anchor
IN the entrance TO Santiago harbor
May p TO 81 inclusive. We have asked
that question. and We have his (Ad-
miral Higginson'sl opinion. This court
by the precept IS obliged TO give an
opinion upon the conclusion OF the in
yestigation. Now, in the opinion OF the
court and in order to form our opinion,
we wanted Admiral Higginsons opin-
lon the subject. We do not, however.
ask his opinion. We ask, Was every
thing done? We don't say, In your
opinion
Mr. Rayner was still arguing the
question when the court adjourned.
At the beginning of the afternoon ses-
sion the court withdrew the question.
Major Woods Testimony.
Major Wood said that the second day
after Santiago bay was reached by the
Flying Squadron" he had seen the
Chrlstobal Colon lying inside the har-
Dor; that there was at that time an
other Spanish vessel OF the Vizcaya
class partly visible. He thought both
were in view for three or four days.
The witness also said that when Ad-
miral Sohley had come aboard the
Massachusetts previous to the bonn
bardment of the Colon on May 81 he
had heard that officer say to Captain
Higginson: "We are going in, but we
Will not go in sufficiently near to en-
danger the vessels" He had been told
that the distance was to be 10000 feet.
After the bombardment ceased, Ma
jor Wood said. the Spanish shore bat
teries continued to fire at the American
ships. At this point he had gone for
ward where he had again seen Com
modore Sehley.
did you hear orders or instructions
given by Commodore Schley after the
bombardment?" asked the Judge advo-
cate
Il went upon the superstructure TO
ask If we were going in again, or going
any closer, so as to know whether we
would have a chance TO use the six
inch batteries of which / was in COM
mand and heard, as 1 believe. Com
modore Schley say to Captain Higgin-
son: 'Starboard your helm, and let's
get out Of this"
How clear is your recollection
Were these his exact words?"
"As I remember, these were the ex.
act words, and at the time I considered
them as having been made by Commo,
dore schley."
Harber's Interesting Answers.
Captain Harber was asked, in the
absence Of Captain Philip, to give a
detailed account OF the operations OF
the Texas during the war, and he did
so. The Texas had been a part of the
Flying Squadron" and the witness
said that when they steamed for Cien-
fuegos the flagship had signalled: 1--WE
90 to Cienfuegos to bag the Spaniards;
wish you good luck"
''Now, captain" the Judge advocate
said, Il want to ask you as executive
officer of the Texas, in case of the sud
den death or disability of Captain
Philip, who would have taken com
mand of that vessel?"
81 would naturally have" was the
reply.
What instructions did you have
written or verbal, respecting the order
Of battle which the flying squadron
was 20 follow in case the enemy should
suddenly appear"
"The matter was never broached
The commanding officer never gave me
any, nor did know that he had any
"You had no knowledge then Of the
existence Of any order of battle ol
written or verbal instructions covering
such a contingency"
"No sir"
Did Not See the Texas Stop.