The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-09-21
SCHLEY INQUIRY ON
COURT WANTS FACTS AND NOT
OPINIONS.
HEARSAY EVIDENCE BARRED.
ONE OF ITS OWN QUESTIONS WITH
DRAWN BY COURT.

Rear Admiral Higginson, Capt. Ches-
ter, Mai. Wood and Capt. Harber
Testify-Their Testimony supports
Contention Against SchIey to Some
Extent, But Is Not Materially DAM
aging-Higginson Does Not Think
That SchIey Made Every Effort to
Destroy the Colon, But Question
and Answer Were Ruled Out.
Washington, Sept. 2O.-The Schley
court of inquiry reconvened to-day and
before adjournment examined four
witnesses. The most important incident
of the day was the decision of the court
withdrawing a question, put by the
court, itself, asking witness to give
his opinion concerning a point in con-
troversy. The witness was Rear Admi-
raj Higginson, who participated in the
Santiago campaign as captain of the
battleship Massachusetts. This vessel
at one time was part of the Flying
Squadron" commanded by Commodore
Schley and the court asked him to state
whether all possible measures were
taken to capture or destroy the Span
ish vessel Cristobal Colon as it lay in
Santiago harbor from May to June /,
1898. Counsel for Admiral Schley OBJ
jected to the question on the ground
that reply would involve an opinion
and not statement of facts. Judge
Advocate Lemly admitted that the pre-
cedents were against questions of this
character and the court withdrew the
interrogatory. 1t is generally admitted
that this decision will have the effect
of materially shortening the term of
the court, as will also the courts man.
ifest intention to cut out irrelevant
questions and all hearsay testimony. In
several cases the witnesses were ad-
monished to relate only events coming
within their observation. Admiral
Dewey showed himself prompt and
methodical presiding officer. He called
the court to order exactly at the desig-
mated hour and adjourned it Just as
promptly at 4 o'clock.
The attendance of the public was
small.
Ramsay Takes His Seat.
The court was called to order by a
simple word from Admiral Dewey. The
first order of business was the read
ing by Judge Advocate Lemly of the
order of the Navy Department ap-
pointing Rear Admiral Ramsay to
place on the court in place of Rear Ad-
miral Howison, and when this was ac-
complished Capt. Lenly turned to Ad-
miral Schley and asked him whether
he had objection to urge against any
member of the court. The Admiral
arose as this question was asked and
replied
81 have not"
The judge advocate then swore the
members of the court collectively and
was in turn sworn in as judge advo-
cate. The court then retired for con-
sultation. The withdrawal was for the
purpose of discussing the methods of
procedure.
At II :25 the court returned from it's
consultation. Judge Advocate Lemly,
addressing Admiral Schley as "the ap-
plicant" asked if he had any sugges-
tions to make as to the method of pro-
ceeding, whether ne had something to
offer or desired that he (Lemly) pro-
ceed The Admiral responded with a
nod of the head and a move of the
hand, go ahead"
Mr.. Lemly then presented the report
of the Bureau of Navigation for 1898,
a photographic chart of the West In
dies and adjacent 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.
mot at ALL was the reply. "On the
contrary, we shall desire to introduce
the original document when opportu-
nifty Offers
Admiral HigginsOn Testifies.
Admiral Higginson, commander-in-
chief of the North Atlantic squadron,
was the first witness called. He said
he had, as captain, commanded the
battleship Massachusetts during the
Spanish war. and for a part of the
time the Massachusetts, had been
part of the flying squadron, of which
Admiral Schley had been in command.
The squadron arrived at Cienfuegos,
May %.
What was then done to secure COM
munication with the Cuban forces on
shore?" Capt. Lemly asked.
Nothing to my knowledge" the wit
ness replied. Il did not see that any
thing was done. but 1 understood that
information concerning the Cubans
was received through Capt. McCalla."
Admiral Higginson said in response
to questions that this was later.
In reply to questions, he said that
the Massachusetts,, on arriving at San
tiago, had taken on about J30 tors of
coal, but that as the weather was
rough this was done with difficulty.
The witness also 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, in response
to Commodore Schley's signals, return
ed and steamed to within two or three
miles of the mouth of the harbor.
What happened to cause the decis-
ion to return to Key West?" the wit
ness was asked.
81 don't KNOW" was the reply.
What was the condition of the
weather at the time for coaling at
sea?"
1T was not impossible to coal,
think"
did you have any conference with
the commanding officer in regard to
returning 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 flagships-the signals of
the commander-in-c chief"
Speaking of the conditions when San
tiago harbor was again reached, the
admiral said that he could see well
into the harbor. and that he saw the
Spanish ship Colon lying in the outer
harbor.
Describing the engagement with the