The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-21
SCHLEY is CRITICISED
BY ADMIRAL HIGGINSON
Latter Says That All Possible Efforts Were Not
Made to Destroy the CriStObaI Colon.
Question Asked by the Court and Later WhdrawnFOur Wit
nesses Are Examined During the Day.

. The vessel had lain there until she
was fired upon, which was done on May
81. and hao then retired.
Describing this enga cement, Admiral
Higginson said it was on the day be-
fore the arrival of reinforcements under
Admiral SAMPSON He said that Ad-
miral Schley had come aboard and said
that he wanted to go in and fire OF the
Colon"
some went in and fired en- her" con-
tinued 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 bonn
bardment. the witness replied that it
had served to draw the fire OF the Span
ish shore battery ana to give an idea
Of what il was composed Of
What idea did you get of its COM
position?"
Il did not think it amounted to any
thing"
Where was Admiral schley dus.ns
the bOmbardment2"
AT one time he was with me in the
coming tower. but most of the time me
was on the outside of it j was near
him most of the time"
Describe the admirars manner in
this engagement
It hardly know how to answer that
question, except to say that his manner
was that of a commander-in-chief
What impression did the admiraPs
manner in that engagement make upon
yOu?"
Mr.. Raynor. counsel for SchIey. o5-
jected to this question, and after some
contention the question was with
drawn.
Judge Advocate Lemly stated before
Withdrawing the question that he con-
sidered the point as embraced in the
pTecept. and said that while the task
was a disagreeable one, he considered
it his duty to press it, and intimated
that he would do so at another time
why did you not go in and destroy
the Colon IN the engagement on Nay
,31?' Judge Advocate Lemly asked the
witness.
Because we were not ordered to do
So" replied the witness
Thought Colon Gould be Destroyed.
Later on the witness volunteered the
statement: Il think the Colon could
have been destroyed where she lay at
anchor that day"
Admiral Higgfnson stated, in reply to
questions from Captain Len7ly, that
there were no written orders, and so
far as he could recall, the only verbal
orders were to go in
Judge Advocate Lemly then offered
Admiral 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
objection would be made, bus that
counsel for the applicant did not de-
sire the unObjected acceptance Of the
report to operate as a precedent.
Captain Lemly announced that he
had no her questions 10 ask Of Ad-
-niral F-'-- son. and counsel for Ad-
mirai stated they had no Ques-
tons . ~.
1t vas -len stated by Captain Lemly
thai ne court had some questions Of lis
own to present. These were written
The first was concerning the elevation
Of the guns during the bOmbaromenr
of the Colon on May 81 The reply was
that at first they were 500 feet, an-
Iatterly 5000 feet The next question
was as TO whether there was any
place of shelter near Santiago Whera
the flying squadron could have &oaled
after its arrival at Santiago E&Nea$-
Higginson replied that g. ntaAsAno
was only forty miles TO the fast.
Calls hley~BeY1ss.
The third question, coz ling as it did
from the court, created Aomething of a
sensation, which was aeded to by the
reply. The question was;
WAS every effort made by Admiral
SchIey to destroy or capture the Span
ish steamer Colon as she lay at anchor
in the harbOr at Santiago, between the
9th and 31st Of Mayo"
sObjecti" Object Object came
from each of Admiral SChley's counsel
replied:
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
question called for the opinion OF the
witness, whereas only facts were adj
Missile.
Judge Raynor asked:
May / ask the court if, according
to the method of procedure here, the
court has ruled that we are not at Lib
erty to object to any question at al
that may be Asked
Admiral Dewey replied.
while this court is ordered to tnves-
tigate all the facts, we have the right
to ask any question that VIII bring out
tue facts One of the charges against
Admiral Schley is whether or not every
effort incumbent upon the commanding
officer of the fleet under such circum-
stances was made by Commodore
Schley to capture or destroy the Span
iSh cruiser Colon as she lay at anchor
IN the entrance at Santiago harbor or
May p TO 81 inclusive We have asked
that question and we have his (Ad-
miral HigginsOn's) opinion. This Cpurt
by the precept is obliged to give an
vestgation. Now, in the opinion of the
court and in order to form cur opinion,
we wanted Admiral Higginson's opin-
ion on that subject"
Judge Wilson, I understand that
precept. reading it through from end
TO end, to be simply this that there
shall be an Investigation to get al the
facts And when you have gotten at
the facts, then you express your opln-
ion; but YOU are not called upon. as
must respectfully submit. are not per-
mitted to take somebody's else opln-
ion You hove a right to get an the
facts you can, and that is what we
want, but otherwise you VIII see al
once that YOU might have a great
variety of opinions and all the opinions
of subOrdinates In other words, the s
precept doesn't call for anyoody's opin-
son, except the opinion OF the honor
able court"
Admiral. Dewey: in the opinion oil
one member of the court, and perhal1
of the others. we do not ask his -
ion. but for a statement ofsR. -
fact We ask vas ever
We don't say in your
Judge Fayaor made
gl1ment. quoting many
ties against the afiyI