Daily Kennebec journal., 1901-09-21

mandinS officer of the fleet under such
circumstances WAS made by COmmo-
dore Schley to capture or destroy the
Spanish cruiser Colon as she lay at
anchor in the entrance to Santiago
harbor, May - to 81 inclusive. We
have asked that question and we have
his (Admiral Higginson's) opinion.
This court by the pIecept is obliged to
give an opinion upon the conclusion
OF the investigation. Now in the opin-
ion of the court and in order to form
our opinion we wanted Admiral Ilig-
ginson's opinion on that subject
Judge Wilson: Il understand that
precept, reading it through from end
to end, to be simply this, that there
shall be an investigation to get at the
facts. And when you have gotten at
the facts then you express your opin-
ion but you are not called upon. ana
] must respectfully submit, are not
permitted 10 take somebody else's
opinion.
You have a right to get all the facts
YOU can ana that is what we want but
otherwise you viii see at once that
YOU might have IA great variety ol
opinions ana all the opinions of subor-
dinatcs In other words, the prccept
does not call for anybody's opinion eX-
ceit tie opinion of this honorable
court
Admiral Dewey: In the opinion of
one member of the court and perhaps
of the others. We do not ask his opin-
ion. but for a statement of "A matter
of fact. We ask Was everything
I'm
ion"
Judge Raynor made an extended ar
gument. quoting many authorities
against the admissibility of opinions
on the part Of the witnesses. and he
was speaking when. at | o'clock. the
court took recess Of an hour. for
luncheon.
Promptly at O'Clock the court wa
called t. order by Admiral Dewey and
Mr. RaNnor resumed his argument in op-
position to the admisSibiitY of questions
intended to call out the opinions OF Wit
n.sses. Judge Advocate lemiY admitted
that the weight of authority was against
asking the opiui0n OF a witness. me
court then withdrew its question.
The witness testified that the squadron
lay olt from Santiago three or Tour
miles a; night. After the hombardment
of MAY 81. no further effort had been
made to diSCuSs the Colon because the
rest had gone inside the harbnr
Cant. G. y. Chester. who commanded
the Cincinnati. re.1ted an interview ne
had had with Admiral Schlcy on board
the BROOKLYN. May y. 1898. lie had toid
the admiral that ne believed coaling ftl5-
lille but :holght ii would be done under
great disadvantage. He had expressed
The opinion that boats might D. used or
that more secure point might y" Sainec
under the tea 3h miles eastward.
Major Thomas \. Wood nl the Ma
rinc Corps. who commanded the marin
force on the Massachusetts,. said that thv
second day after Santiago bay was reach-
ed by the flying sq Iadron' he had seen
the ('ristohol Colon living inside the har
hO-: that thar, was at that time annth-
81 Spanish vessel OF the NiscaYd ClaS
party visible. He thought both were m
view for three or four DAYS. Tne wit
ness also said that when admiral SchicH
had come aboard the Massachusetts pre
vioIs to the bumhardment of the Colon.
MAY T. he had heard that officer say Il
CIut. liigginson:
we are going In but We will not so II
sufficiently near To endanger the vessels.
He had been told that the distance wa
Ia h. 10000 feet .tfter the bombardmen
ceased. Major Wood said the Snanisi
shore batteries continued to fire. He haC
gone forward.
II then heard someone say. he tesu
fed "and | believe from the sound .
the voice that ii was Commodore SchleN
'Starhoard your helm and lots get ont "
this. "
He said the commodore was abou
eight feet from him.
DID you hear orders or instructions
given by Commodore Schley after III,
hombardment asked the judge advo
cate.
The witness replied: II went upon tn,
superstructure to ask if We We're goinc
in again or going any closer. 50 as Il
know whether We would have "a chanc
to use the G-inCh batteries of which !
was in command. ana heard. as | be
lieve. Commodore Schley say to Capt
Hisginson: 'Starboari your hem an
lets get out Of this.
How clear is your recollection" Wer
these his exact words?
AS | remember. these We're the exacl
words and al the time considered theT
as having been made by Commodor
Schey. There were quite q number o.
people Cp there on the forward part q.
III" deck at that time and from the rccoe
milton Of the voice ana the general di
reCtion from which il came. | took IL 4
he remark made by the flag officer.
suppose was probably eight feet ava,
from the speaker when | heard this re
mark made
Did YOU hear it distinctly?'
II heard it fairly distinctly. There wa
a lit Of confusion going on at the time
caused by persons walking around.
Captain Giles L. Harher. now naval at
tachc at Paris and St. Petersburg. VIII
was executive officer on board the Texa
during the Snanish war. gave "A detaile
account o1 the operations OF tndt NeSSe
during the war When they steamed "a
Cienfuegos the flagship had sigualled
We go to Cienfuegos to bag the Span
iards wish you good luck.
In reply to questions he said that whcl
CienfuegOS was reached carthworks We,
discovered there but no effort was mad,
to DESTROY them.
capt. Harber was questioned as to or
| ders concerning plans Of battle. but h
| said that Notwithstanding he would have
| taken command in case Of the incapacit
| Of Capt. Philips, he received no direction
| from the commander-in-c chief He ha
| heard of no plans in case the enems
| should be engaged.
Now, captain the judge advocat
said. II want to ask You as executive o'
fiCcr of the Texas. in case of the slIdder
| death or disability of Capt. Philips wht
would have taken command of that yes
sel?''
Il would. naturally. have" was the r,
| ply.
| What instructions did you have writ
ten or verbal. respecting the order OF bat
| tie which the flying squadron was To fol
| low in case the enemy should suddcn!!
| appear"
| The matter was never broached Tho
| commanding officer never gave me an,
| nor did | know that he had any
| You had no knowledge then of the ex
| istencc of any order of battle or writ
ten or verbal instructions covering suci
Il contingency"
| mo, sir.
The witness said that while lying Of
4