The daily morning journal and courier., 1901-09-21
TESTIMONY IN SCHLEY CASE
FOUR WITNESSES EXAMINED BY
 THE COURT YESTERDAY.

Schley's Counsel Win an Important Pofnt-Thetr Contention That Facts and Not Opinions Are Admissible Sup ported-The Court Itself Had Asked Admiral Higginson's Opinion of schIey's Attack on the Colon.
 Washington, Sept. 2O--The schley court of inquiry reconvened to-day and before adjournment examined four wit nesses. The most important incident of the day was the decision, of the court withdrawing question, put by the court itself, asking a witness to give his opinion concerning a point in con- tfoversy.
 The witness was Rear Admiral Hig- ginson, who participated in the San tiago campaign as captain Of the pat tleship Massachusetts This vessel, at one time, was part of the flying squad ron commanded by Commodore Schley and the court asked Admiral Hlggln- son to state whether all possible meas ures were taken to capture or destroy the Spanish flagship Cristobal Colon as she lay in Santiago harbor from May < to June 1. 1898.
 Counsel for Admiral Schley objected to the question on the ground that a reply would involve an opinion and not statement of facts.
 Judge Advocate Lemly admitted that the precedents were against questions of this character and the court With drew this interrogatory. It Is general ly admitted that this decision will have the effect of materially shortening the term of the court as will also the courts manifest intention to cut out irrelevant questions and all hearsay testimony In several cases the Wit nesses were admonished to relate only events coming within their own obser- vation.
 Admiral Dewey showed himself a prompt and methodical presiding off, cer. He called the court to order ex- actly at the designated hour and ad- 1ourned 1t just as promptly at o'clock. The witnesses to-day were Rear Ad- miral Higginson, who commanded the battleship Massachusetts during the Spanish war; Captain c. M. Chester, who commanded the cruiser Cincin- nati; Major Thomas N. Wood, Of the marine corps, who commanded the ma rines on the Massachusetts, and Com mander D. Giles Harber, who was ex- ecutive officer of the Texas, the latter being on the stand when the court ad- journed. The attendance of the public was small.
 Htxgtnson the First Witness.
 Rear Admiral Francis J. Higginson, commanding the North Atlantic squad- ron, was the first witness called. Af- ter giving his full name, rank, and command he testified that he had, as captain, commanded the battleship Massachusetts during the war with Spain, and that for a part of the time the Massachusetts had been a part of the "Flying Squadron" under Commo- dore Schley's command. He told of Joining the fleet at Newport News; of going to Key West, and then, on the 22d of May, going to Cienfuegos, Cuba. Key West had been left on May 19, 1898, and Cienfuegos was reached on the 22d.
 What was then done to secure com munication with the Cuban forces on shore?" Captain Lemly asked.
 "Nothing to my knowledge" the wit ness replied. q did not see that any thing was done but I understood that information concerning the Cubans was received through Captain McCalla.' Admiral Higginsun said, in response to questions, that this was later. He also told, in reply to questions, of the pres ence of the collier Merrimac, of the de- parture from Cienfuegos and the ar rival at Santiago on the evening of the 18th. He said that the Massa chusetts had at that time taken on about l3C tons of coal, but the weather was rough. and this was done with diffi- culty.
 The witness also told of the fleets leaving Santiago for Key West on the night of it's arrival at the former place, and how, after steaming westward for some time the vessels all, 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 decision to return to Key West?" the witness was asked
 q don't know" was the reply
 What was the condition of the weather at CHG llIlle lui COetilii6 de GCci
 "It wa snot impossible to coal, think"
 Did you have any conference with the commanding officer in regard to re- turning to Santiago after you had gotten on the way to Key West?"
 "None. We acted under general or ders. All we did was to follow the sig nals of the flagship-the signals of the commander inc chief"
 The Attempt to Destroy the Colon.
 Speaking of the conditions when San tiago Harbor was again reached, the witness said that he could see well into the harbor, and that he saw the Span ish ship Christobal Colon lying in the outer harbor. He did not remember seeing other vesesls, but the Colon was then 1000 yards beyond Morro Castle The vessel lay there until she was tireo upon. which was done on May 31, anc then retired.
 Describing this engagement, Admira Higginson said it was on the day be- fore the arrival of endorsements un- der Rear Admiral Sampson. He saic that Admiral Schley had come aboard and said that he wanted ito go in anc