The age-herald., 1901-09-21
Court of Inquiry RecOnvenes and Several Witnesses
 Tell of Operations Off Santiago.
THE JUDGE ADVOCATE RULES OUT OPINIONS
That Ruling Will Very Much Shorten the Sessons-MaOr Thomas Says SchIeN After Firing on the CoIon Said "Sarboard Your Helm and cts
 Get Out of tlere"

tery and to give an idea of what it was composed of
 What idea did you get of its compost tion?"
 'I did not think 1t amounted to any thing
 Where was Admiral schley during the bombardment?'
 At one time he was with me in the coming tower but most of the time he was on the outside of it. was near him most of the time.
 Admiral schleys Manner.
 "Describe the admirars manner in this engagement
 Il hardly know how to answer that question: except to say that his manner was that of commander-in-chief.'
 The Judge advocate then asked: What impression did the admirals manner In that engagement make upon yours?"
 MT. Raynor, of counsel for Schley, ob- jected to this question, and after some contention the question was withdrawn.
 Judge Advocate temley stated before withdrawing the question that he con sidered the point as embraced in the pre- cept, and said that while the task was disagreeable one, he considered it his duty to press it and intimated that he would do so at another time.
  the Colon in the engagement on May Fl Judge Advocate Lemley asked. Because we were not ordered to- re- piled the witness. Later on the witness volunteered the statement: q think the Colon could have been destroyed where she lay at anchor that day"
 Admiral Higginson stated in reply to questions from Captain Lemley that there were no written orders and so far as he could recall, the only verbal orders were Ego in"
 The judge advocate then offered Ad. miral Higginsons report of the 9th or August, saying the report had been maus in line of duty.
 Judge Wilson, of counsel for Admiral 1 Schley said no objection would be made, | but that the counsel for the applicant did l not desire the unobjection of the accept 1 ance of the report to operate as prece- 1 dent
 l Captain Lemey announced that he had no further questions to ask of Admiral Higginson and counsel for Admiral Schley stated it had no questions to put. It was l then stated by Captain Lemley that the 1 court had some questions of it's own to i ask.
 These were written and the first was 1 concerning the elevation of the guns dur | ing the bombardment of the Colon on
 
 were 7,SO0 feet and latterly 5000 feet. The 1 next question was as ito whether there was any place of shelter near Santiago where the flying squadron could have ooaled after its arrival at Santiago"
 Admiral Higginson replied that Guan- tanamo was only forty miles to the east. Sensational Query.
 The third question coming as 1t did | from the court created something of a sensation which was added to by the re- ply. The question was:
 Was every effort made by Admiral Schley to destroy or capture the Spanish steamer Colon as she lay at anchor in the harbor at Santiago between the 27th and 31st of May?"
 Object, object" came from each of Admiral Schey's counsel, but before a halt could be called the witness had re- piled:
 No. don't think 1t was"
 The question and the reply led to le- gal controversy.
 Judge Wilson and MT. Raynor both gave reasons for their objections They con tended that the question called for the opinion of witness, whereas only facts were admissible. Judge Raynor asked
 May ask the court Is according to the method of procedure here the court has
 
 ject to any question at all that may be asked?"
 To this Admiral Dewey replied: While this court is ordered to investi- g.te all the facts, we have the right to ask any question that will bring out the facts. One of the charges against Ad- miral Schley is whether or not every eff fort incumbent upon the commanding of- ficer of the fleet under such circumstan- hxy fO capture or destroy the Spanish cruiser Colon as she lay at anchor in the en- trance to Santiago harbor May 27 to 31 inclusive. We have asked that question and we have his Admiral Higginson's) opinion This court by the precept Is obliged to give an opinion upon the con clusion of the investigation now In the opinion of the court and in order to form our opinion we want Admiral Higgin- sons opinion on that subject"
 Argument Against Opinions. Judge Raynor made an extended arr 1 gument quoting many legal authorities | against the admissibility of opinions on | the part of witnesses, aud he was speak | ing when at l o'clock the court took recess of an hour for luncheon. Promptly at 2 o'cloc;, the court was | again called to order by Admiral Dewey | and MT. Raynor resumed his argument
  | questions intended to call upon the | opinions of witnesses. He contended that if testimony giving opinions should be | admitted the inquiry would be inferm- inable. If, for instance, opinions were to be taken as to the propriety Of the | loop made by the Brooklyn, practically | the entire navy could be summoned, as all It's members were experts and each would have his opinion. Witnesses were expected to relate facts, the court to | give opinions.
 Replying, Judge Advocate Lemley quot ed the record in the trial of Admiral Kep- pie. arguing that 1t was entirely within the discretion of the court to decide whether the opinion of witness who has 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 witness" The court withdrew It's question as to Admiral Higginson's opinion as to wheth- CT 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 the squadron lay out from Santiago, and the reply was that 1t was three ar fo1r rnflae ont ,5,,,;~~- A..