The county record. [volume] (Kingstree, S.C.) 1885-1975, 1901-09-26
gCHLEY COURT.
4 Sensation In the Exclusion of PEI
sOnal Opinion.
SESSION WILL Be SHORTENED.
Counsel For Schley Contended That
Facts and Not Opinions Were to Be
Put i'm Evidence.

Washington, D. c., Special.-The
Schley court Of inquiry reconvencd
Friday and before adjournment ex-
auiled four withe,se The most I'M
portant incident Of the day was the
| decision of the court itself, asking a
witness to give his opinion concern
ing a point in controversy. The wit
ness was Rear Admiral Higginson.
who participated in the Santiago cam
paign as captain OF the battleship
| Massachusetts. This vessel at one
time was a part Of the flying squadron
commanded by Commodore Schley
and the court asked him to state
whether all POSSIBLE measures were
taken to capcu:e VI destroy the Span
| iSh vessel Christobai Colon as it lay
in Santiago harbor from May 20 to
June l, 1898. Counsel for Admiral
Schley objected to the question on the
ground that a reply would involve an
opinion and not a statement Of facts
/ Judge Advocate Lemly admitted that
| the precedents were against ques-
| tions Of this character and the court
| withdrew the interrogatory. 1t is gen
orally admitted that this decision will
have the effect of materially short
ening the term Of the court, as VIII
also the courts manifest intention to
cut out irrelevant questions and all
hearsay testimony. In several cases
| the witnesses were admonished to re-
/ late only events coming within their
own observation. Admiral Dewey
showed himself prompt and method
ical presiding officer. He called the
court to order exactly at the desig-
mated hour and adjourned it just as
promptly at o'clock. The attendance
of the public was small.
The court was called to order by
simple word from Admiral Dewey. The
| first business was the reading by
Judge Advocate Lemly Of the order CT
! the Navy Department appointing
Rear Admiral Ramsay to a place On
| the court in place Of Rear Admiral
! Eowison and when this was accom-
plished, Captain Lemly turned to AL
miral Schley and asked him whether
| he had objection to urge against anv
member of the court. The admiral
arose as this question was asked and
replied:
Il have not
The Judge advocate then swore the
members of the court collectively AMI
was in turn sworn in as judge advo-
! cate. The court then retired fer con-
sultation. The withdrawal was for
the purpose Of discussing the methods
Of procedure.
At l1:25 the court returned from its
consultation. Judge Advocate Lemly,
addressing Admiral Schley as "the ap-
plicant," asked if he had any sugges-
tions to make as to the method Of pro-
ceeding; whether he had something
to offer. The admiral responded with
nod of the head and move of the
hand "go ahead"
Mr.. Lemly then presented the re-
port of the Bureau Of Navigation for
'9S. photographed chart of the West
Indies and adjacent seas aAd other
charts. He stated explicitly that they
were introduced 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 oppor-
tunity offers"
The court then proceeded to the en-
animation of witnesses. and adjourn
ed nromDtly at o'clock.