The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-21

inc Weather was IouSH, ILLS ""o "0AiS
with difficulty.
The witness also told of the fleets
leaving Santiago for Key West on the
night of it's arrival at the former place
and Of how after steaming westward for
some time the vessels in response 10
Commodore Schley's signals returned and
steamed to within two or three miles OF
the mouth of the harbor.
''What happened to cause the decision
to return to Key West? the witness was
asked.
Il don't know" was the reply.
THOUGHT THEY COULD COAL.
What was the condition of the weather
at the time for coaling at sea?"
1T was not impossible ito coal, /
think
'Did you have any conference with the
commanding officer in regard to returning
to Santiago after you had gotten on the
way to Key West?"
None. We acted under general orders.
All we did was to follow the signals of
the flagship--the signals of the command
er in-chief''
Speaking of the conditions when San
tiago harbor was again reached the Ad-
miral said that he could see well into
the harbor and that he saw the Spanish
ship Colon lying in the outer harbor.
Describing the engagement with the Co
Ion, Admiral Higginson said that Admiral
Schley had come aboard and said that
he wanted ito go in and fire on the Co.
lon."
$50 we went in and fired on her. con-
tinued the witness He said the shots fell
short of the Colon and that the Spanish
shore batteries had in turn fired at the
bombarding ships,
RESULT OF COMMANDMENT.
In reply to questions as to what had
been accomplished by the bombardment
the witness replied that it had served to
draw the fire of the Spanish shore bat
terry and give an idea of what it was
composed Of
what idea did you get of it's compost
tion?'
Il didn't think it 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. l was near him
most of the time"
Describe the Admiral's manner in this
engagement"
Il hardly know how to answer that
question, except to say that his manner
was that of COMMUNICATIVE chief"
y TIE Judge Advocate then asked:
'sWhat impression did the Admirals
manner in that engagement make upon
you?"
Mr.. Rayner, of counsel for Schley, OBJ
jected to this question and after some
contention the question was withdrawn.
TO PRESS THE QUESTION LATER.
Judge Advocate Lemly stated Before
withdrawing the question that he con-
si65red the point as embraced in the
precept and said that while the task was
a disagreeable one, he considered it his
duty to press it and ihtimated that he
would do SO at another time.
"Why did you not go in and destroy
the Colon in the engagement on May
31st?'' Judge Advocate Lemly asked the
witness.
Because we were not ordered to do
so,' replied the witness.
Later On the witness volunteered the
statement: Il think the Colon could
anchor that day.,
Admiral Higginson stated in reply to
questions from Captain Lemly that there
was no. written orders and so far as he
could recall the only verbal orders were
to go in
Captain Lemly announced that he bad
no further questions to ask of Admiral
Higginson, and counsel for Admiral
Schley stated they had no questions to
put. 1t was then stated by Captain Lem
ly that the court had some questions of
it's own to ask
These were written and the first was
concerning the elevation of the guns dur
ing the bombardment of the Colon on
May 3lst. The reply was that at first
they were $500 feet and latterly 5000
feet. The next question was as to
whether there was any place of shelter
near Santiago where the Flying Squad
ron could have coaled after it's arrival
at SantiagO?"
Admiral Higginson replied that Guam
tanamo was only forty miles to the east
QUESTION CAUSES A STIR.
The third question created somthing of
reply. The question was:
Was every effort made by Admiral
Schley to destroy or capture the Span
ish steamer Colon as she lay at anchor
in the harbor of Santiago between the
9th and 31st of May?'
Object Object .'Object," came
from each of Admiral Schleys counsel
but before a halt could be called the
witness had replied:
mo, l don't think it was
The question and the reply led to a
legal controversy Judge Wilson and
Mr.. Rayner both, gave reasons for their
objections. They contended that the
question called for the opinion of the
witness, whereas only facts were ad-
missible.
Mr. Rayner asked: MAY / ask the
court if according to the method of pro-
cedure here the court has ruled that
we are not at liberty to object to any
question at all that may be asked?"
To this Admiral Dewey replied:
While this court is ordered to inves-
tigate all the facts, we have the right
to ask any question that will bring out
1.-The facts One of the charges against
Admiral Schley is whether or not every
effort incumbent upon the commanding