The age-herald., 1901-09-21

Washington, September 20.-The Schley uourt of inquiry reconvened today, and before adjournment examined four wit nesses. The most important incident of the day was the decision of the court withdrawing a question, put by the court itself, asking a witness to give his opin- ion concerning point under controversy. The witness was Rear Admiral Higg1n- son, who participated in the Santiago campaign as captain of the battleship Massachusetts. This vessel at one time was a part of the flying squadron com manded by Commodore Schley and the court asked him to state whether all pos sible measures were taken to capture or destroy the Spanish vessel Colon as 1t lay in Santiago harbor from May N to June l. 1898.
 Counsel for Admiral Schley objected to the question on the ground that re- ply would involve an opinion and not a statement of facts. Judge Advocate Lemley admitted that the precedents were against questions of this character and the court withdrew this interrogatory. It is generally admitted that this decision ening the term of the court as will also the courts manifest intention to cut out irrelevant questions and all hearsay tes- timony. In several cases the witnesses were admonshed to relate only events coming within their own observation. The witnesses today were Rear Admiral Higginson who commanded the battle ship Massachusetts during the Spanish war; Capt. c. M. Chester. who command ed the cruiser Cincnnau; Major Thomas N Wood of the marine corps, who com manded the. marines on the Massachus- etts, and Commander G. B. Harber, who was executive office of the Texas, the latter being on the stand when the court adjorned.
 The attendance of the public was small.
 Admiral Wigginson Testifies.
 Admiral Higginson, commander-in- chief of the north Atlantic squadron was the first witness called. He gave his full name as Francis J. Higginson, rank as that of rear admiral; said he now was in command of the north At lantic squadron; that he had, as cap tain, commanded the battleship Massa- chusetts during the Spanish war, and that for a part of the time the Massa- chusettS had been a part of the flying squadron of which Admiral Schley had been In command. 41e told of join ing the fleet at Newport News; of go- ing to Key West, and then. on the 22d day of May going to Cienfuegos.
 "What was there done to secure com munication with the Cubans on shore?" Captain Lemley asked.
 Nothing to my knowledge" the wit ness replied. "I did not see that any, thing was done, but I understood infor- nation concerning the Cubans was re- ceived through Captain McCalla."
 Admiral Higginson said, in response to questions that this was later.
 He also told in reply to questions of the presence of the collier Merrimac and of the departure from Cienfuegos and the arrival at Santiago on the evening of the 26th.
 In reply to questions he said that the Massachusetts had at that time taken on about 13O tons of coal, but that as the weather was rough this was done with difficulty.
 Fleet Left Key West.
 The witness told of the fleets leaving Santiago for Key West on the night of its arrival at the former place and of how after steaming westward for some time the vessels. all in response to the com modores signals. turned and steamed to within two or three miles of the mouth of the harbor.
 What happened to cause the decision to return to Key West?" the witness was asked.
 T don't know" was the reply.
 'NWhat was the condition of the weather at the time for coaling at scar"
 Tt was not impossible to coal, think D Did you have any conference with the commanding officer in regard to return ing to Santiago after you had gotten on the way to Key West?''
 ''None. We acted under general orders: all we did was to follow the signals of the flagship. the signals of the command er-in-chief."
 Speaking Of the conditions when Santia- 20 harbor was again reached the admiral said that he could see we'll Into the har- bor and that he saw the Spanish ship Colon lying in the outer harbor. He did not remember of seeing other vessels but the Colon was then 1000 yards beyond Morro castle. The vessel had lain there until she was fired upon, which was done on May 31, and had then retired.
 Describing this engagement Admiral Higginson said it was on the day before the arrival of endorsements under Ad- miral Sampson. He said that Admiral Schley had come aboard and said that he wanted Ito go in and fire on her." con- tinued the witness.
 Shot Fell Short.
 He said the shots fell short of the Colon and that the Spanish batteries had in turn fired at the bombarding ships.
 In reply to questions as to what had been accomplished by the bombardment the witness replied that 1t had served to draw the fire of the Spanish shore bat