The age-herald., 1901-10-23
 DEPRAVITY OF
 THE FILIPINOS.
fact that the fleet was not there"
 Overheard Potts.

of May 31?,
 ''Yes, sir, was aboard the Massachu- setts."
 Were you in the presence of Commo- dore Schley during the whole of this reconnaissance of the Massachusetts?
 'Only part of the time. At times I was behind the coming tower and he was on the other side of it.
 Did you see Lieutenant Potts on board the Massachusetts,?
 He came Into the pilot house during the conversation and took some part in it."
 At this point MT. Rayner read to the witness a portion of the testimony given MT Potts, wherein he had referred to the conversation between Commodore Schley and Captain Higginson as to going in for the bombardment. and asked: Were you present at that conversation?'
 No" answered the witness, that con- versation must have been when they stepped outside the pilot house. Potts was in there short time with us."
 Did you hear any of the conversa- tiong'
 a"Only that the range was between 700O and 7500 yards"
 The witness described the battle and said that by the time the Brooklyn had completed her turn the three leading Spanish ships had emerged from the har- bor.
 schley Exposed to Fire.
 'The commodore" he said at this point, stood all the time on the side of the fire so that he could see what was going on. He was absolutely cool and sent con- gratulatory messages to the men. cheer ing them on. When Ellis head was shot off he wiped some of the blood from his own person, and as the men picked the IT tn rd rayl,i Ia he rest of us stood mortified. he calmly said: Don't throw that body over; take 1t be- low and we'll give 1t Christian burial
 When the Viscaya went ashore the commodore went Into the coming tower and himself called down the tube to the man below:
 They are all gone but one 1t all de- bends on you boys"
 Did you ever see Commodore Schley when he appeared to be laboring under any mental excitement?"
 "Oh,no; he was jovial and good-natured at all times, and I did not observe the least trace of excitement or anxiety ex- cept at one time; that was when it looked as if the Colon might get away. He ex- pressed fear that that might occur and seemed much concerned. I remember that he discussed with Captain Cook the advisability of stopping to couple his en- zines before dark fearing that if post poned until later the Spaniards might get away"
 Were you" asked Mir. Rayner, pres ent at any conversation between Captain Evans and Commodore Schley?'
 Yes; in the commodore's cabin on the Brooklyn, July 5. When Evans came in. the first thing he said was. 'Schley, did you see Jack Philip run away with the Texas? And Commodore Schley ssid No, neither did you ''
 
 "Poor Philip Not Present"
 Admiral Dewey (addressing counseD i: '"One moment; poor Philip is not present. you know
 MT. Rayner: We do not want to prove anything about what Captain Philip said. This Is a conversation during which Com modore Schley was present..
 Captain Lemly-You propose to contra dict what you drew out in cross-examina- ton?
 MT. Rayner-Why. of course
 Captain Lemly-I object, if the court please. This has nothing whatever to do with the case. Captain Philip is dead and Admiral Evans IS out of the country I object on that ground, whichsI think is quite sufficient
 Captain Parker spoke briefly saying there could possibly be no reflection upon Captain Philip by repeating the conversa- ton. We all, honor Philip too highly for that" he said.
 Admiral Dewey then anonunced that the court would retire for the considera- tion of the point raised. After being out twenty minutes the members returned and Admiral Dewey anonunced the decis- ion in the following terms:
 "The court decides the question to im- punge the credibility of witness, in- tended to prove any point regarding the tu of tho battle of July 8 intended to prove any statements made by Commodore Schley or conversations held with Commodore Schley which have material bearing up- on the matters designated by the pre- cept are admissible, provided such con versations or statements occurred in the presence and within the hearing of the witness"
 MT. Rayner then repeated his question, asking him to repeat the conversation, which MT. Graham did as follows:
 Captain Evans came into the cabin. sat at round table at the center. Con- modore Schley got up and shook hands with Captain Evans and the latter said: 'Schley, did you see Philips turn around and get out of the fght?'
 "The commodore said: No, neither did you; he did not run out of the fight
 Captain Evans said: Oh, yes, he did I saw him. Captain Evans said he was in the next ship and saw him. The com modore said: It was not the Texas at all The Texas was in the fight all the time The ship you saw turn around was the Brooklyn '
 After recess Lieut.. Edward Simpson, who was also a watch officer on the Brooklyn, took the stand.
 Coming Up of Oregon.
 The witness described the coming up of the Oregon.
 'It was after the Maria Teresa had dropped astern, and we had only two ships to contend with. I got the cry that one of the Spanish ships was on fire and heading for the beach. I tried to see her. but could see nothing for the smoke. Then heard the cry which was shortly afterward, Another is son fire. heading for the beach, Between shots I looked back again. and saw bow wave com ing from the smoke followed almost im- mediately by two 1S-inch guns. It was the Oregon. We got a cheering reply to our calls, and then the action continued the Oregon firing also.
 AS the viscaya turned and headed off the Oregon fired one of her big guns. I heard the commodore say, He has raked eon to cease firing and through the peep holes of the hood saw Lieutenant McCalla climb on top of my turret with the wig-wag flag and could hear the Tapping of the flag. As soon as the Viscaya turned in we ceased firing on her and were allowed to come out of the turrets for breathing spell''
 In reply to a question. Lieutenant Simp- son said he had seen Commodore Schlev