Evening star., 1901-09-20
A POINT FOR SCHLEY
CONTINUED from First Page.)

them close in on vessels they could ncst
| readily reach
The Judge advocate then offered Admiral
Hfgginsons report of the 5th of August.
saying the report had been made In line OF
duty
Mr.. Wilson Of counsel for Admiral
Schley said no objection would be made.
but that counsel for the applicant did not
| desire the unobjected acceptance Of the re-
port to operate as a precedent.
The judge advocate announced that he
| had no further questions to ask of Admf-
| raj Higginson. and counsel for Admiral
1t was then stated by the judge advocate
that the court had some questions Of its
| own to ask
These were written, and the first was
| concerning he,elevation of the guns during
the bombardment of the Colon May 81.
The reply was that at first they were
$500 feet and latterly 1900 feet.
The next question was as to whether
| there was any place of shelter near San
| tiago where the flying squadron could
have coaled after its arrival at Santiago?"
Admiral Higginson replied that Guanta-
| namo was only forty miles to the east.
Objection of Statement of Opinion.
The third question, coming as it did from
| the court, created something of a sensa-
ton. 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 an
! chor in the narbor at Santiago between the
27th and 31st of May?"
"Object," object" ''object." came from
| each of Admiral Schley's counsel but be-
| fore halt could be called the witness had
| replied: No, don't think 1t was"
The question and the reply led to legal
| controversy.
Mr.. Wilson and Mr. Rayner both gave
| reasons for their objections. They con-
| tended that the question called for the
opinion of the witness, whereas only facts
| were admissible.
! Mr.. Rayner asked: stMay ask the court.
| If according to the method Of procedure
here, the court has ruled that we are not
| at liberty to object to any question at all
| that may be asked?"
Admiral Dewey's Statement.
To this Admiral Dewey replied: 'sWhile
4 this court is ordered to investigate all
the facts we have the right to ask any
question that win bring out the facts
One Of the charges against Admiral
Schley Is whether or not every effort in
! cumbent upon the commanding officer of
the fleet under such circumstances was
made by Commodore Schley to capture
| or destroy the Spanish cruiser Colon as she
| lay at anchor in the entrance to Santiago
| harbor, May q to 81, inclusive. We have
| asked that question and we have his (Ad-
| miral Higginson's) opinion. This court by
| the precept is obliged to give an opinion
| upon the conclusion Of the investigation.
Now, in the opinion Of the court, and in
| order to form our opinion, we wanted Ad-
miral Higginson's opinion on that subject"
Mr.. Wilson-'I understand that precept
reading 1t through from end to end, to be
| simply this, that there shall be an in
vestigation to get at the facts And when
| you have gotten at the facts, then you ex
press your opinion, but you are not call
| ed upon, and l must respectively submit,
are not permitted to take somebody else's
| opinion. You have a right to get all the
| facts you can, and that is what we want
| but otherwise you will at once that
you might have great variety Of
opinions and all the opinions Of subordi-
| mates. In other words, the precept doesn't
| call for anybody's opinion except the Opin-
| ion of this honorable court
Admiral Dewey-.In the opinion of one
member of the court and perhaps Others
we do not ask his opinion. but for state
ment of a matter of fact. We ask Was
| everything done?' We don't say In your
| opinion.
| Recess for Luncheon.
| Mr.. Rayner made an extended argument,
| quoting many legal authorities, against the
admissibility of opinions on the part Of
witnesses and he was speaking, when at
| 1 o'clock. the court took a recess of an
hour for luncheon. ss -.a..-
| Promptly at 2 o'clock the court was CALL
! ed to order by Admiral Dewey, and Mr..
Rayner resumed his argument in opposition
| to the admissibility of questions intended
| to call out the opinions of witnesses.
/
opinions should be admitted the inquiry
| would be interminable. If. for instance,
| opinions were to be taken as to the pro-
priety of the loop made by the Brooklyn,
practically the entire navy could be sum-
moned, as all it's members were experts,
and each would have his opinion. Wit
nesses were expected to relate facts; the
| court to give opinions.
Replying, Judge Advocate Lemly quoted
the record in the trial of Admiral KeppeI,
arguing that 1t was entirely within the
| discretion of the court to decide whether
the opinion Of witness who had Been on
| the ground should be called for by the
| court. He thought, however. that "the
| weight of authority was against asking the
!. opinion OF d witness.
The Question Withdrawn.
The court then withdrew it's question as
| to Admiral Higginson's opinion as to wheth-
er Commodore Schley had done all that
| could be done to destroy the Colon while
that vessel lay at anchor in Santiago bay.
| Another question put by the court was
| as to the distance that the squadron lay
| out from Santiago, and the reply was that
| it was three four miles out during the
daytime and two or three miles out at
night. In reply to question he said that
| after the bombardment Of May 81 no fur
| ther effort had been made to destroy the
Colon. because the vessel had gone inside
| the harbor.
Capt. Chester on the Stand.
| Admiral Higginson was then excused and
Captain c. N. Chester. who commanded
the Cincinnati during the Spanish war, and
who is now In command Of the naval war
| college at Newport, was called.
| He was asked concerning the coaling of
the vessels of the fleet while Commodore
Schley was in command, and said that
he had suggested to Commodore Schley
that sheltered place where they might
| coal at sea could be found about thirty
miles away, where in comparatively smooth
| water the vessels could be coaled He
informed him that coal had been taken on
| there by vessels under the charge of Cap
| tain McCala.
He was asked how long he was On the
| Brooklyn during the visit in question. He
could not remember exactly, but said it was
| about an hour
He was asked regarding coaling by the
use of vessels, and said that Commodore
| Schley had remarked that was very slow
| way to coal vessel. To this he agreed.
| He was then excused.