The Montgomery advertiser., 1901-09-21
SCHLEY COURT
 AGAIN MEETS Disposition to Hurry the
 Investigation. FOUR WITNESSES HEARD
Facts and Not Opinions De-
 manded by the Attorneys
Question Put by the Court Was Withdrawn-Higginson, Ches- ter, Wood and Harber on
 the Stand Yesterday.

Washington. Sept. 2o-The schle. l Court of Inquiry reconvened today ana before adjournment examined four wit nesses. The most important incident O the day was the decision of the cour
 withdrawing a question put by the cour itself. asking a witness to give his opin ion concerning point under contr oversy The witness was Rear Admiral Higginson
 who participated in the Santiago cam paign as Captain of the battieship Mas. sachusetts. This vessel at one time wal 8 part of the flying squadron, commanded by Commodore Schley and the court ask ed him to state whether all possible | measures were taken to capture or de. stroy the Spanish vessel Colon as it lay in Santiago Harbor from May 27 to June 1, 1898. Counsel for Admiral Schley ob. jected to the question on the ground thai & reply would involve an opinion and mol a statement of facts. Judge Advocate Lemley admitted that the precedents were against questions of this character. and the court withdrew this interroga- tory. It is generally admitted that de- cision will have the effect of materially shotening the term of the court, as will also the courts manifest intention to cut out irrelevant questions and all hear say testimony. In several cases the witt nesses were admonished to relate only events coming within their own observa- ton.
 The witnesses today were Rear Admiral Higgineon, who commanded the battle ship Massachusetts during the Spanish war; Captain c. M. Chester, who com manded the Cruiser Cincinnati; Major Thomas N. Wood of the Marine Corps. who commanded the marines on the Mas sachusetts, and Commander c. B. Har- Der, who was executive officer of the Texas, the latter being on the stand when the court adjourned.
 The attendance of the public was small.
 The Court Convenes.
 After an omission of eight days the special court of inquiry resumed its si.~ tings at Il o'clock today in the tool shops at the navy yard. Rear Admiral Ramsey occupied the seat which on the first day of the session was filled by Rear Admiral Howison. All three members of the court were in service uniform, and the morn ing air was cold enouguh to make their closely buttoned coats appear comfort able.
 Mrs Dewey acccn panied her husband and remained short time.f The general attendanQe was not large.
 The court resumed its open sessions at 1l:25 a. m. and Captain Lenlley intro- duced a number of official reports for reference. saying that in so doing he did not expect to cut out original docu' merits.
 The court was called to order by sim pie word from Admiral Dewey. The first order of business was the reading by Judge Advocate Lemley of the order of the Navy Department appointing Rear Admiral Ramsay to a place on the court when this was done Captain LIemley turned to Admiral Schley and asked him as he did when Admiral Howison was challenged. whether he had objection to urge against any member of the court. The Admiral arose as this question was asked, and replied:
 II have not.
 The Judge Advocate then swore the members of the court collectively and was in turn sworn in as Judge Advocate. The court then retired for consultation.
 The withdrawal was for the purpose of discussing the methods of procedure and was at the instance of Judge Advocate I.emley. He suggested that t was usual on such occasions to clear the courtroom. but said that the court could withdraw in lieu of this proceeding if the court so desired. Admiral Dewey announced that the court VIC uld pursue the latter course. Before the withdrawal letter from Ad- miral Schley to the Navy Department requesting to be supplied with all papers bearing upon the case and the Depart ment's reply granting request was read.
 Admiral Higginson Testifss.
 Admiral HiSgnson: C3m'nander in was the first witness called. He gave his full name as Francis J: hlggiiissoh. [ann f, was in command of the North Atlantic Squadron, tf at he had, as captain, com manded the battleship MassachuseCts our- nf te inc time the Massachusetts had been a part of the flying squadron, or which Admiral schley had been in com mand. He told of joining the fleet at and then on the 22d day of May going to Cienfuegos. ..,,~. .o,,,,,,,,- nlcation with the Cubans on shore' N@P- tain IN, dtbine LSiisS to % mV knowledge" the wit ress replied ''I did not see that any thing was done, but l understood aII, !ni1r- nation concerning the Cuoans was recelF- ed through Captain McCalla' 4.
 Admiral Higginson said, in response to questions, that this was later.
 He also told in repiy 10 9rryIonS snd Iu 'nf nf the departure from Cienfuegos ana the arrival at Santiago on the evening or the 26th. -.,.... L. satd +b.+ ,h. Maasachiisetts had at that time taken on ahout l3O tons of coal. but that as the wsather was rough this was done with oiino All 1i:25 the court returned from it's consultation The judge advocate. ad- dressing Admiral schley as the appli- cant" asked if he had any suggestions to make as to the method of proceeding whether he had anything to offer or de- sired that he (Lemley) proceed.
 The Admiral responded. with nod of the head and a move of the hand, Go ahead
 MT. Lemley then reported the report of the Board of Navigation for 1898, hydro graphic chart of the West Indies and ad- jacent seas and other charts. He stated explicitly that they were introduced not as testimony. but as books of reference.
 Will they preclude the introduction of original documents?" Judge Wilson asked.
 Not at all," was the reply ''On the contrary, we shall desire to introduce the original document when opportunity of- fers."
 Chart Grossly Incorrect.
 Captain Parker made objection to the photographic chart when 1t was pre- sented.
 'It is grossly incorrect" he said. "As a matter of fact the coast line of Cuba is six miles further south and four miles further veat than if should be- !" He,