The daily morning journal and courier., 1901-09-21
TESTIMONY IN SCALEY CASE
(Continued from First Page,)

been accomplished by the lombard served to draw the fire of the Spanish shore battery and to give an idea ot what it was composed of. What idea did you get of its com position?''
 T did not think it amounted to any thing"
 Where was Admiral Schley during the bombardment?" At one time he was with me in the coming tower, but most of the time he was on the outside of it. I was near him most of the time" Describe the admiral's manner in this engagement.
 T hardly know how to answer that question except to say that his manner was that of a commander-in- chief" The judge advocate then asked: What impression did the admiral s manner in that engagement make upon your"
 MT. Rayner of counsel for Schley ob- iected to this question and, after some contention, it was withdrawn Judge Advocate Lemly said, before withdraw ing the question: that he considered the point an embraced in the precept, and, while the task was a dfsagreeable 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 May 3r?" Judge Advocate Lennly asked the witness.
 Because we were not ordered to do so," replied the witness. Later on the witness volunteered the statement: Il think the Colon could have been de- stroyed where she lay at anchor that day."
 Admiral Higginson, in reply to furth- CT questions said that there were no writtent orders, and, so far as he could recall, the only verbal orders were to Ego in"
 The judge advocate then offered Ad- mlral Higginson's report of the 5th of August, saying that the report had been made in line of duty, Judge Will son, of counsel for Admiral Schley, said that no objection would be made but that counsel for the applicant did not desire the unobjected acceptance of the report to operate as precedent
 Capt Lemley announced that he had no further questions to ask of the wit ness. and counsel for Admiral Schley said they had no questions to put.
 Capt Lemly then said that the court had some questions of its own to ask. These were written, and the first was concerning the elevation of the guns during the bombardment of the Colon on May 31 The reply was that at first they were for 7,S00 feet and later for z. 900 feet. The next question was as to whether there was any place or shelter near Santiago where the Flying Squad ron could have coa1ed after its arrival at Santiago. Admiral Higginson re- piled that Guantanamo was only forty miles to the east.
 A QUESTION WHICH CAUSED A
 STIR.
 The third question, coming as it did from the court, created something of a stir. which was added to by the reply. The question was Was every effort made by Admiral Schley to destroy or capture the Spanish steamer Colon, as she lay at anchor in the harbor at San tiaeo. between the 27th and 31st of Mav?"
 "Object! Object. Object!' come from each of Admiral Schley's counsel, but, before a halt could be called, the wit mess had replied, "No; I don't think there was"
 The question and the reply led to controversy. Judge Wilson and MT. Raynor both gave reasons for their ob- iections They contended that the question called for the opinion of the witness, where only facts were admis- sble.
 MT. Raynor asked: May l ask the court if according to the method of pro- cedure here, the court has ruled that we are not at liberty to make objec- tions to any question at all that may be asked"
 To this Admiral Dewey replied .sWhile this court is ordered to inves- tigate all the facts, we have the right to ask any question that will bring out the facts. One of the charges against Admiral Schley is whether or not every effort incumbent upon the command ing officer of the fleet under such cir