The Montgomery advertiser., 1901-09-22
HARBER AND
 HIGGINSON CrOSS-examined Before the
 Schley Court. LATTER CHANGED ANSWER Concerning Distances from Shore Maintained by Fleet. Captain Harber Declines to Have His Memory Refreshed by MT.
 Raynor, One of Admiral
 schley's Attorneys.
LATTER CHANGED ANSWER

Washington, Sept. A-oniy one new witness was introduced today to the naval court which is Investigating the conduct of Admiral Schley during the spanish-American war. This witness was Commander Seaton Schroeder who was executive ofiicer of the battleship Massachusetts during the war and is now Governor of the Island of Guam. His testimony dealt with the cruise of the flying squadron from Cienfuegos to San- uago and the bombardment of the Span- ish ship cristobal Colon as she lay in the mouth of the harbor at Santiago on May n. The commander said that the cruise was not as expeditions as 1t should have been. He also said that in the lombard ment of the Colon the fleet had not acted as deliberately as the cornmander-in-chief had announced it to be his purpose to have 1t act
 While Commander Schroeder was giving his testimony, Judge Wilson. counsel for Admiral Schley. sought to have him make a comparison of the distance of the fleet from the shore under Admiral Schlsy with the distance under Admiral samp- son after the latter officer, arrived and took command, but the Judge Advocate objected and Mfr Wilson withdrew the question saying. however. that he did so only temporarily and that he would raise the point at later stage in the investi- gation.
 The forenoon sitting was devoted mainly to the cross examination of Com- mander Harber and Admiral Hggiason, the latter having been recalled. Admiral Higginson corrected his statement made yesterday concerning the distance from shore maintained by the fleet during the blockade of Santiago. He said that early in the blockade the fleet was i've or six miles out tc sea moving up closer later. Es ,asSA SSsA ,ft
 Admiral Dewey observed his usual rule of promptaess in calling the schley court of inquiry to order at Il o'clock to- present on the minute, and Adrnirol Schley sat with his counsel at the table set apart for them on the left of the wit ness seat. The attendance of the pub 1 lie was somewhat larger. than on yes terday.
 The first witness called WAS Captain Harber, executive officer of the Texas during the Spanish war, who was on the stand when the court adjourned yester- day. The judge advocate asked no ques- tions of him and he was immediately turned over to Mir. Raynor. of counsel for Admiral Schley, who questioned him re- garding his statement made yesterday, to the effect that he did not recall that there was any picket line established in- A report by Admiral Schley was read to the erect that a picket line had been maintained, hut tho witness declined to change his statement.
 Asked if the Brooklyn had not on May 24 signalled the Texas to go alongside the collier and coal he said he did not recall anything of the kind. MT. Raynor read the signal message as follows:
 Go alongside the collier and coal as rapidly as possible" but no amount of pressing could bring the witness to say that he remembered the incident. He had. signaling. The same replies practically were made in response to questions re- garding other signals.
 Mir. Raynor quoted several of these Brooklyn read:
 "On nfterthought the captain thinks 1t is unsafe to put a collier between the battleships.'
 Another from the Texas read:
 Do not think It safe to collier. The two ships will surely crush her"
 Captain Har5er replied that he remem- bered there was some talk of the collier. hut he could not recollect what 1t was.
 Speaking of the signals observed on Cienfuegos. he said his supposition, as
 
 were between the Spanish forces.
 Captain Harber was also questioned closely concerning the rate of speed of the fleet from Cienfuegos to Santiago on
 He saiA the weather was fresh and the sea moderate; that it was hard for small vessels. but 1t was nothing much" He thought the Texas could have made from
 Mir. Raynor had the witness reading logs of the Massachusetts, the Iowa, the Brooklyn and other vessels concerning the weather at that time. Mir. Raynor read a report from Captain Hlgginson. saying that the weathed had been rough and squally'' on the 18th. Captain Harber stated that the report of Captain Higgin- son was not borne out by the log book
 'Tt does not correspond with the log. [" he said and he added that having given weather, he thought MT. Raynor had an interior motive in his questions.
 Mir. Raynor declared that he had no such an end in view.
 'sThen," said the witness, T gave you my, best recollections concerning the
 That is what I want" responded the
 That is what have given you" re- peated the witness.
 Captain Lemley objected to the exam of a ship which he had had no part in preparing.
 The court retired to consider the point
 After an absence of ten minutes the court announced it's decision sustaining the objection that the witness could not be examined upon the log of the Massa- chusetts.
 Continuing his testimony Captain liar Der insisted that the weather on May 25 was not rough"
 He also maintained that it was his rec ollection. as stated yesterday, that the fleet was further out at night than in the day ifne. When his attention was called to contrary statement by Admiral Hig- ginson, the witness said that it was not material to him what any other man had said; that he had given his estimate and was not concerned about the statements of others.
 ''Then you object to having your nem- ory refreshed?' said Mir. Raynor.
 said nothing of the knid," replied the witness. T am here to give my testimony and l object to being spoken to in the way you speak to me-
 He also objected to Mir. Raynor's shak- ing his finger at him, saying he construed 1t as menace