The sun., 1901-09-21

the order of the navy department an-
pointing Rear Admiral Ramsey to po-
sition ON the court in place.of Rear Adj
miral Howison. and when this was ac-
compliShed Captain Lemly turned to
Admiral Schey and asked him. aS he
did when Admiral HowiSon was chal-
lengcd, whether he had objection to
urge against any member of the court.
The admiral arose as this question was
asked and replied:
II have moi" !"
The judge advocate then swore the
members of the court collectively ANA
was in turn sworn iii as judge advo-
cate. The court then retired for con
sultatiOn.
The withdrawal was for the purpose
of discussing the methods of procedure
and was Mt the instance of Judge Adj
yocate Lemly. He suggested that it
was usual on such occasions to clear
the courtroom, but said that the court
could withdraw in lieu of this proceed
ing il the court so desired. admiral
Dewey announced that the court would
pursue the latter course. Before the
withdrawal Il letter from Admiral
Schley to the navy department request
ing 10 be supplied with all papers bear
ing on the case and the departments )
reply granting the request We're read.
Schley Says, go Ahead"
At the conclusion of the consultation
the judge advocate, addressing Admi-
raj Scllcy nS tile applicant" asked ii
he had any suggestions 10 make rs 10
the method Of proceeding, whether he
had something 10 offer or desired that
he QLcmlyt proceed. Tie admiral re-
spondCt with Il nod of the head and a
move Of the hand, "GO ahead"
Mr.. Lenlly then presented the report
Of the bureau Of navigation for 1898. a
photographic chart of lie West Indies
and aliaccnt seas and other charts.
He stated explicitly that they were in
troduced not as testimony, but as books
of reference.
"Will they preclude the Introduction
of original documents!" Judge Wilson
asked
''Not at ALL" was the reply. "On the
contrary, we shall desire to introduce
the original document when opportuni
ty offers"
Captain Parker made objection TO thu
photographic chart when it was pre-
sented. III is grossly incorrect" liz
said. "As il matter Of fact, tile coaS
line Of cuba is six miles farther soutl
and four miles further west than i
should be-"
He, however, withdrew his objection
when ASSURED that the chart was no
to be used as evidence.
Admiral IIiEGinson's Testimony.
Admiral Higginson, commander ii
chief Of the north Atlantic squadron
was the first witness called lie CAV
his full name as Francis j. EIigginsor
rank as that of rear admiral; said Ii
now was in command of the north Al
lautic squadron; that he had. as cal
tain. commanded the battleshtp MassG
chnsrtts during the Spanish war ala
that for part of the time the Mass;
chusetts had been part Of the "hyn
squadron" of which Admiral Sclllc
had been in command He told {
joining the fleet AT Newport News. {
going 10 Key West and then, on til
sd Of May, of going to Cienfucgo
Cuba Key West had been left on Ma
IL, 1S9s, and Clenfucgos reached 0
the 22d.
What was then done to secure con
munication witA the Cuban forces O
shoreG" Captain Lemly asked.
Nothing to my knowledge" the wi
ness replied. II did not see that an,
thing was done, but | understood til;
information concerning the Cubans wi
received through Captain McCalla
Captain HigGinSon said in response
questions that this was later.
lie also told in reply to questions {
the presence OF the collier Merrim;
ana or the departure from Cienfucgc
and the arrival ut Santiago on I'll
evening Of the 26th. In reply to que
tiUns he said that the Massachusctt
had ut that time taken on about II
tens of coal, but that as the weathC
was rough this was done with diff
ruty.
The witness also told Of the fleet
lnaving Santiago for Key West on til
night of its arrival 1T the former plac
and of how after steaming westwar
for some time the vessels all, in L,
sponse to Commodore Schley's signals
returned and steamed to within tw
OF three miles of the mouth of til
harbOr.
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