New-York tribune., 1901-09-22
TESTIMONY IN DETAIL.
COMMANDER SCHROEDER ON STAND
HIS OPINION UNFAvORABLE
TO SCHLEY.


to-day. All the members of the court were
present on the minute. and Admiral Schey sat
with his counsel at the table set apart for them
on the left of the witness seat. The attendance
of the public was somewhat larger than that of
yesterday
The first witness called was Captain Harber,
executive officer of the Texas during the Span
ish war who was the stand when the court
adjourned yesterday.
The judge-advocate asked no question of him.
and he was Immediately turned over to Mr..
Rsyner Of counsel for Admiral Schley. who
asked him concerning his statement made yes
terday TO the effect that he did not recall that
there was any picket line established inside the
line Of blockade at Cienfuegos. report by
Admiral schley was read, 10 the effect that a
picket line had been maintained. but the wit
ness declined to change his statement.
CAPTAIN HARBER's VIEWS
Asked if the Brooklyn had not, on May "A.
senaled the Texas to go alongside the collier
and coal he said he did not recall anything OF
the kind.
Mr. Rayner read the signal message fol
lows: Go alongside the collier and coal Up
idly as possible but amount of pressing
could bring the witness to say that he remem-
bered the incident. He had, he said, had little
70 do with the signalling The same replies
practically were made in response to questions
regarding other signals. Mr.. Rayner quoted
several of these One transmitted from the
Texas TO the Brooklyn, read: On an after
thought the captain thinks it unsafe TO put
collier between battleships.
Another from the Texas read: Il do not think
It safe to collier The two ships will surely
crush her. Captain Harber replied that he
remembered there was some talk of the collier
but he could not recall what it was
Speaking of the signals observed of Cienfue-
gos he said his supposition. was that of other
officers was that they were between the Span
ish forces.
TILT OF WITNESSES AND COUNSEL
Captain Harber also was asked closely con-
corning the rate of speed of the feet on the sail
from Cienfuegos to Santiago on May p. He
said the weather was fresh and the moder
ate: that ii hard for small vessels but ii
Nas nothing much" He thought the Texas
could have made from ten to twelve knots. Mr..
Rayner had the witness read from the logs of the
Massachusetts, the Iowa, the Brooklyn and
other vessels concerning the weather at that
time. Mr. Rayner read report from Captain
Higginscn saying that the weather had been
rough and squally" on May %. Captain Harbe-
stated that tie report of Captain Higginson was
does not cores pond with the log he said. and
he added that having given his best recollection
concerning the weather. he thought Mr.. Rayner
had an Interior motive in his question Mr..
Rayner declared that he had such end in
view
Then said the witness. II have given you
my best recollection concerning the weather.
That is what I want" responded the attorney.
That is what I have given you repeated the
witness
Captain Lcmly objected tic the examination OF
Captain Harber on the record Of a ship which he
had had part in preparing.
The court retired consider the point.
After an absence of ten minutes. the court re-
turned announcing its decision, sustaining the
objection that the witness could not he ex-
amined upon the log of the Massachusetts.
POSITION OF THE FLEET.
Continuing his testimony, Captain Harber in
sisted that the weather May - was not
rough" He also maintained that it was his
recollection, as stated yesterday. that the fleet
Sas further out at night than in the daytime.
Wien his attention called to contrary
statement by Admiral Higginson the witness
said that it was not material to him what any
other man had said; that ne had given his esti-
mate and was not concerned about the state
ments Of others.
Then. you object to having your memory re-
freshed?" said Mr.. Rayner.
Il said nothing of the kind replied the wit
ness Il am here 10 give my testimony, and I
object 10 being spoken to in the way you speak
tome"
He also objected to Mr.. Rayners shaking his
nnger al him, saying he construed ii men
Nr. Rayner insisted that he meant to be en-
rrey respectful and not to menace the witness.
Counsel asked the witness concerning his esti-
mate that al night the vessels Of the feet
steamed eight miles to the eastward and seven
hfles TO the westward of the mouth OF the har-
Dor The point was sought TO be made that to
NIKE this sail OF sixteen miles would require
s'ester speed than three knots hour. which
uhe witness had testified was made. but Captain
harber maintained his position. saying he had
given his best impression. Some of the log en-
Tes he considered worthless as evidence
ADMIRAL Higginson. who preceded you on the
sfha said Mr.. Rayner. testified that the
D"cEaae OF Admiral Schley cruised nearer at
night than day. Now. do you still maintain that
you did not cruise nearer at night than during
the day."
certainly. ! gave you my estimate
INST want to refresh your memory"
~ Doesn't refresh my memory at all
= = loi possible Tor yo1 TO be wrong.
oid not say anything about that. Certainly
= Is possible for TO be wrong. I want TO
STATE that I am here TO answer questions per-
nAhg TO this testimony and not to have words
''sae IN that way ss though had made the as
sertions"
"r hayner announced his cross-examination
REQ and the witness re-examined by Mr..
'ahpa. assistant judge-advocate
M hanna asked whether il is practica BILE in
,.'rs OF urgency TO make log entries of signals
.Ae witness replied that IL was not practica bic