Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1901-09-25
COURT GOES TO WORK
inquiry into the Facts Of the
Schley Controversy Begins
at Washington.
LAWYERS WIN THE FIRST FIGHT
Regarding the Admissibility of Evil
dence-President Roosevelt in
Harness-Cabinet Meet
ing Held.

Washington, Sept. 21.-The Schley
court of inquiry reconvened yesterday,
and before adjournment examined four
witnesses. The most important Incl
dent of the day was the decision of
the court withdrawing a question but
by the court itself, asking a witness to
give his opinion concerning point I'M
der controversy. The witness was
Rear Admiral Higginson, who partic-
ipated in the Santiago campaign as
captain of the battleship Massachu-
sets. This vessel at one time was
part of the "fying squadron" COM
manded by Commodore Schley, and
the court asked him to state whether
all possible measures were taken to
capture or destroy the Spanish vessel
Christobal Colon as it lay in Santiago
harbor from May % to June 1, 1898.
VIII shorten tho Proceedings.
Counsel for Admiral Schley objected
to the question, on the ground that a
reply wouiu involve an opinion and not
statement of facts. Judge Advocate
Lemly admitted that the precedents
were against questions Of this charac-
ter, and the court withdrew this in
IL 10 ScucTdliy
that this decision will have the effect
of materially shortening the term OF
the court, as will also the courts man.
ifest intention to cut out irrelevant
questions and all hearsay testimony. In
several cases the witnesses were adj
monished to relate only events coming
within their observation.
Dewey a Good Presiding OfHcer.
\ ~sx.o1 Oh hi n
prompt presiding officer. He called
the court to order exactly at the desig-
mated hour, and adjourned 1t just as
promptly at p. m. The witnesses yes
terday were Rear Admiral Higginson,
who commanded the battleship Massa-
chusetts during the Spanish war; Cap
tain G. NJ. Chester, who commanded
the cruiser Cincinnati; Major Thomas
N. Wood of the marine corps, who
commanded the marines on the Mas
sachusetts, and Commander Giles B.
Barber, who was executive officer of
the Texas. the latter being on the stand
when the court adjourned. The attend
ance of the public was small.
Summary of the Testimony.
With reference to the disputed points
OF the controversy Admiral Higginson
said he knew of nothing done to secure
communication with the Cuban forces
on shore when the squadron was at
Cienfuegos: that coaling at sea was
possible when Schley started for Key
West to coal; that the batteries at the
entrance to Santiago bay were of no
Importance: that the Colon could have
been destroyed as she lay at anchor
May 81. Captain Chester's testimony
was Of no particular value either way.
Major Woods, of the marines, said he
thought he heard Schley say while the
firing was going on May 81, "Star-
board your helm and let's get out of
this" Captain Barber said that though
he would have commanded the Texas
in case of Captain Philips disability
he knew of no plan Of battle or instruc-
lions to guide him in case the enemy
should appear. This was while Schley
was In command before Sampson ar
rived. Barber also said that coaling
ship at sea was not impossible when
Schley started for Key West.