The age-herald., 1901-09-22
Fleet Did Not Act Deliberate Enough in Firing on
 the Colon
SOME SHARP COLLOQU|ES
Commander Harber Objected To SchIey's Attorney Pointing His
 Finger at Him While Asking
 Question-"It's Menaclng."

Washington, Sept. 21-Only one new witness was introduced today to the naval court which Is Investigating the conduct of Admiral Schley during the Spanish-American war. This witness was Commander Seaton Schroeder, who was executive officer of the battleship Mas sachusetts during the war, and is now Governor of the Island of Guam. His testimony dealt with the cruise of the flying squadron from Cienfuegos to San tiago and the bombardment of the Span ish ship Cristobol Colon as she lay in the mouth of the harbor at Santiago on May 31 The commander said that the cruise was not as expeditions as 1t should have been. He also said that in the lombard ment of the Colon, the fleet had not acted as deliberately as the commander in chief had announced it to be his pur- pose to have 1t act.
 While Commander Schroeder was giving his testimony, Judge Wilson, counsel for Admiral Schley, sought to have him make @ comparison of the distance of the fleet from the shore under Admiral Schley with the distance under Admiral Samp- son after the latter officer arrived and took command but the Judge Avocate ob- jected and MT. Wilson withdrew the question, saying, however, that he did so only temporarily and that he would raise the point at a later stage in the investigation.
 The forenoon sitting yas was devoted mainly to the >Soss examination of Con- mander Harber and Admiral Higgnson, the latter having been recalled. Admiral Higginson confirmed his statement made yesterday concerning the distance from shore maintained by the fleet during the blockade of Santiago. He said that early in the blockade the fleet was five os aix miles out to sea, moving up closer later
 First Witness. The first witness called was Captain Harber, executive officer of the Texas during the Spanish war, who was on the stand when the court adjourned yester- day.
 The judge advocate asked no questions of him and he was immediately turned over to MT. Raynor, of counsel for Ad- miral Schley, who questioned him con corning nls sta -ements of yesterday to the effect that he did not recall that there was any picket line established in- side the line of blockade at Cienfuegos. A report by Admiral schley was read to the effect that a picket line had been maintained, but the witness declined to change his statement.
 Asked if the Brooklyn had not on May "A signaled the Texas to go along side the collier and coal, he said he did not recall anything of the kind. MT. Raynor read the signal message as fol- lows "Go alongside the colliers and coal as rapidly as possible" But no amount of pressing could bring the witness to say that he remembore~ the incident. He had, he said, very little to do with the signaling.
 The same replies practically were made in response to questions regarding other signals.
 Mir Raynor quoted several of these. One, transmitted from the Texas to the Brooklyn read: "On afterthought the captain thinks it unsafe to put a collier between the battleships."
 Another from the Texas read: Do not think it safe to coal. The two ships will surely crush her.
 Remembered Task of Coaling.
 Captain Harber replied that he remem- bered there was some talk of the collier but he could not recall what It was
 Speaking of the signals observed off Cienfuegos he said his supposition. as was that of the other officers, was that they were between the Spanish forces.
 Captain Harber was also questioned closely concerning the rate of speed of the fleet on the sail from CienfuegoS to Santiago on May 25.
 He said the weather was fresh and the sea moderate; that it was hard for small vessels, but it was nothing much" He thought the Texas could have made from ten to twelve knots
 MT. Raynor asked the witness to read the logs of the Massachusetts, the Iowa, the Brooklyn and other vessels concern ing the weather at that time. MT. Ray nor read a report from Captain Higgin- son, saying that the weather had been rough and squally' on the 18th.
 Captain Harber stated that the report of Captain Higginson was not borne out by the log book of his ship. "It does not correspond with the log he said. and he added that having given his best recolec- tion concerning the weather he thought MT. Raynor had an ulterior motive in his questions.
 A Sharp colloquy.
 MT Raynor declared that he had no such end in view.
 Then" said the witness. T have given you my best recollection concerning the weather"
 'That is what I want" responded the attorney
 That is what I have given you" re- peated the witness.
 Captain Lemley objected to the exam ination of Captain Harber on the record of a ship which he had had no part in preparing.
 The court retired to consider the point After an absence of ten minutes the court announced it's decision, sustaining the objection that the wi.ness could not be examined upon the log of the Massa- chusetts
 Continuing his testimony, Captain Harber insisted --.at the weather on May 25 was mot rough"
 He also maintained that 1t was his recollection, as stated yesterday, that the fleet was further out at night than in the daytime. When his attention was called to a contrary statement by Cap