Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-09-26
COURT MEETS AGAIN
HEARING IN SCHLEY CASE ONCE
MORE RESUMED.
FOUR WITNESSES CALLED
Court Relieves Rear Admiral Higgin-
son from Answering Question of
Opinion-AdmiraI Dewey Proves
Good Presiding Officer-SmaII At
tendance of Public.

Washington, Sept. 21-The Schley
court of inquiry reconVened yesterday
and before adjournment examined four
witnesses. The most important Incl
dent of the day was the decision OF
the court withdrawing the question
put by the court itself asking wit
ness to give an opinion concerning
point under controversy. The witness
was Rear Admiral Higginson, who par
ticipated in the Santiago campaign
as captain of the Massachusetts. This
vessel at one time was part of the
flying squadron, commanded by
Schley, and the court asked him to
state whether all possible measures
were taken to capture or destroy the
Spanish fleet and the Christobai Colon
as it lay in the Santiago Harbor May
20 to June 1, 1898. The counsel for
Schley objected on the ground that
the reply would be in view of an
opinion and not statement of facts.
Judge Advocate Lemly admitted pre-
cedents were against questions OF
this character and the court withdrew
the interrogatory. 1t is generally ad-
mitted this decision will have the ef-
feet of materially shortening the term
of the court as will also the court S
manifest intention to cut out lrrele-
want questions and hearsay testimony.
In several instances the witnesses
were admonished to relate only events
coming within their own observation.
Admiral Dewey showed himself a
prompt and methodical presiding Of
ficer and called the court to order at
the exact designated hour and adj
journed as promptly at 4. The wit
nesses were Rear Admiral Higginson,
who commanded the battleship Mas
sachusetts during the Spanish war;
Captain C. M. Chester, who was COM
mander of the cruiser Cincinnati; Ma
jor Thomas n. Wood of the marine
corps who commanded the marines on
the Massachusetts and Commander
Giles B. Harder, who was executive
officer of the Texas, the latter being
on the stand when court adjourned.
The attendance of the public was
small.
Engagement Described.
Describing the engagement Admiral
Higginson said it was on the day be-
fore the arrival of the reinfOrcements
under Admiral Sampson. He said
that Admiral Schley had come aboard
and said that he wanted TO go in and
fire upon the Colon so we went N
and fired on her." continued the wit
ness. He said the shots fell short Of
the Colon and that the Spanish shore
harding ships.
In reply to questions as to what had
been accomplished by the lombard
ment, the witness replied that it had
served to draw the fire of the Spanish
shore battery and to give an idea 81
what. it was composed of.
What idea did you get of its com
position?"
81 didn't think it amounted to any
thing"
Where was Admiral Schley during
| the bombardment?"
cat one time he was with me in tn
coming tower, but most of the time n:
! was on the outside of it. | was neal
| him most of the time"
Describe the admiral's manner il
! this engagement"
II hardly know how to answer that
J question except to say that his manner
was that Of a commander-in-chief."
The Judge advocate then asked
What impression did the admiraIs
manner in that engagement make upor
you?"
Mr.. Raynor of counsel for Schley
some contention the question was with
| drawn
Judge Advocate Lem1y stated before
withdrawing the question that he con
sidered the point as embraced in the
precept and said that while the tasl
was a disagreeable one, he considered
it his duty to press it and intimatei
that he would do so at another time.
| Later on the witness volunteered the
statement: 81 think the Colon could
have been destroyed where she lay n
anchor that day"
Admiral Higginson stated in reply Il
questions from Capt. Lemly that there
! were no written orders and so far Is
he could recall the only verbal orders
were to ego in."
The Judge advocate then offered Al
| miral HigginsGn's report of Aug. S, say
| ing the report had been made in line
| of duty. Judge Wilson Of counsel for
! Admiral Schley said no objection
would be made, but that counsel for
the applicant did not desire the unoD
| jected acceptance Of the report to OPP
crate as a precedent. Capt Lemly
| announced that he had no further
questions to ask Admiral Higginson.
HURST's CONDITION SERIOUS.