Daily Kennebec journal., 1901-09-21
SCHLEY INQUIRY.
Continued from page -

What idea did You get Of its com
pasition?" Il did not think it amounted
to anything"
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 il. was near him most of the time.
Describe the admiral's manner in
this enga cement" Il hardly know how
10 answer that except To say that his
manner was that Of Il commander-in-
chief
The judge advocate then asked:
What impression did the adrlirara
manner in that engagement make upon
you?"
Mr. Rayner of counsel for Schley.
objected to the question and after
some contention the question was with
drawn.
Judge Advocate Lemley stated be-
fore Withdrawing the question that he
| considered the point as embraced in
the precept and said that While the
task was a disagreaable one. he CON
| sidered it his duty to press il and in
timated chat he would DO 50 al another
time.
Why did you not go in and destroy
| the Colon in the engagement on May
| BIZ Judge Advocate Lemley asked.
Because We We're not ordered to do
so. replied the witness.
Later on the witness volunteered the
| statement: Il think the Colon could
| have been destroyed where she lay at
anchor that day
| Admiral Higginson stated in reply to
! questions from capt. Lemley that there
We're no written orders and so far as
ne could recall the only verbal orders
were to go in
! The judge advocate then offered Ad-
mral HigginsOn'S report Of the 9Th 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 cuun-
sol for the applicant did not desile the
! unobjeCted acceptance of the report to
| operate as a precedent.
| Captain iemley announced that he
| had no further questions to ask Ad-
| miral Higginson and counsel for Ad-
| niral Schley stated that they had no
| questions to put. 1t was then stated
/ by Capt. Lemley that 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
.hey We're 1900 feet and later 5000 feet.
The next question was as to whether
| there was any place of shelter near
| Santiago where the Flying squadron
could have Coaled after its arrival at
| Santiago" Admiral Higginson replied
/ that Guatanamo was only 40 miles to
| the east. The third question. coming
as it did from the court, created some
thing 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 anchor
in the harbor at Santiago between the
9TH and 3lst 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. / don't think it was"
The question and the reply led to q
legal controversy. Judge Wilson and
Mr.. Raynor both gave reasons for the
objections. They contended that the
question called for the opinion of the
witness, whereas only facts We're ad-
missible.
Judge Raynor asked: May | ASK
the court if according to the method
of procedure here. the court has ruled
that we are not at liberty to object tC
any question at all that may be
asked ~
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 againsj
Admiral Schley is whether or not eV-