The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-21
Witnesses Before SehIey Court
Have Great Difficulty
In Remembering Circumstances
Established by Records.
HARDER ON THE STAND
He Was the Executive Officer Of
the Texas
During Operations Of the Fleet
in Cuban Waters.

Nashihg gton. Sept. Zl--AumiiaA DTNrs
observed his usual rule of promptness
in calling the Schley court of inquiry
TO order at IL O'Clock today All the
members Of the court were present and
Admiral Schley sat with his counsel at
the table set apart for them on the
lofe on the witness stand The at
tendance. of the public was somewhat
larger than on yesterday
The first witness called was Captain
Harber. executive officer of the Texas
during the Spanish war who was on the
stand when the court adjourned yester-
day
The judge advocate asked no question
Of him and he was Immediately turned
over 10 Mr. Raynor. of counsel for Ad-
rniraI Sehley who questioned him con-
cerning his statement made yesterday
to the effect that he did not recall that
there was any picket line established
inside the line Of blockade at Glen
fuegos. A report by Admiral Schley was
read to the effect that a picket line had
been maintained. but the witness de-
clined to change his statement
Asked If the Brooklyn had not on
May "a, signaned the Texas to go along
side the collier and coal. he said he did
not recall anything of the kind Mr.
Raynor read, the signal message as fol-
lows.
Go alongside the collier and coal as
rapidly as possible" but no amount of
pressing could bring the witness 10 say
that he remembered the incident He
had he said, had very little TO do with
the signalling. The same replies prac-
Jicany were made in response TO ques-
tons regarding other signals
AIr. RaynOr quoted several of these
one transmitted from the Texas TO the
Brooklyn read. ~On afterthOught the
captain thinks il unsafe 10 put collier
between battleships-
Another from the Texas read.
DO not think it safe to collier. The
two ships will surely crush her"
Captain Harber replied that he re-
rnemb bered there was some talk of the
collier. but he could not recall what 1T
was.
Speaking Of the signals observed off
Cienfuegos he said his suppOsition was
that of the other officers. that they We're
between the Spanish forces. Captain
HARDER was also questioned closely con-
cerning the rate of speed of the fleet
on the sail from Cienfuegos to Santiago
on May %.
He said the weather was fresh and
the sea more rough. that it was hard for
small vessels. but ii was nothing
much" He thought the Texas could
have made from 20 to II -nots- Mr.
Ray1or had the witness read logs
of the Massachusetts. the Iowa, the
Brooklyn and other vessels concerning
the weather at that time. Mr.. Raynor
4
saying that the weather had been
rough and squally' on the 25th. Cap
tain Harber stated that the report of
Captain HlgginsOn was not borne out
by the log book of his ship 1t does not
cor respond with the log" he said and
he added that having given his best
recollection concerning the weather he
thought Mr. RaynOr mad an Interior
motive ia his questions Mr.. Raynor
declared that he had no such end in
view.
given you my best recollection concern
ing the weather"
''That is what / want responded the
attorney THAT is what l have given
you repeated the witness.
Captain Lemley objected to the ex-
animation of Captain Harber on the
record of a ship which he had no part
in preparing.
The court retired to consider the
point.
After an absence Of 10 minutes the
court returned announcing its decision
sustaining the objection that the wit
ness could not be examined on the log
OF the AIassa achusetts-
Continuing his testimony. Captain
Harber insisted that the weather on
May . was not rough"
He also maintained that it was his
recollection as stated yesterday that
the fleet was further out at night than
in the day time. When his attention
was called to contrary statement by
Admiral Higginson the witness said
any other man had said. he had given
his estimate and was not concerned
about the statements of others.
Then YOU object to having your
memory refreshed" said Mr. Raynor.
Il said nothing of the kind. ' replied
the witness IT am here to give my
testimony and I object TO being spoken
to in the way YOU speak to me"
He also objected to Mr. Raynor's
shaking his finger at him. saying he
construed it as menace
Mr. Raynor insisted that he meant to
be entirely respectful and not to menace +
the witness.
Counsel questioned the witness con-
cerning his estimate that at night the
vessels OF the fleet steamed eight miles
to the eastward and seven miles to fbe
westward of the mouth of the harbor
The point was sought TO be made that
TO make this sail of 16 miles would re-
Quire greater speed than three knots
fed was made but Captain Harber
maintained his position saying he had
given his best impression Some of the /
log entries he considered worthless as
evidence.
Admiral Higginson who praeedaa (
YOU on the stand said Mr. Ravn0r
testined that the blockade Of Admiral I
SchAey crulsed nearer at night thandav 4
Now do you still maintain that Won Sid /
not cruise nearer at night than during /
the day2"
Most certainly. I gave YOU NV es+i-
mate" '''S esei-
= just want to refresh your memory ),
II ooesn refresh my memOryat an -
II IS possible for YOU TO be wrong"
qlq not say anything about that
certainly II is possible for me to he
wrong want TO state that I am here
70 answer questions pertaining to This /
testimony and not to have words n,ads