Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-20

he was on the outside OF II. / was
near him most Of the time
sCHLEY's MANNER IN ACTION.
Describe the admiral's manner In
this engagement"
Il hardly know how to answer that
question, except to say that his man
ner was that of a COMMUNICATIVE chief"
The judge advocate then asked.
what impression did the admirals
manner In that engagement make upon
you?"
Mr.. Raynor counsel for Schley, OBJ
jeoted to this question, and after some
contention the question was withdrawn.
Judge Advocate Lemley stated before
withdrawing the question that he con-
sidered the point as embraced In the
precept and said that while the test
was dieagreeable one he considered
II his duty to press II and intimated
that he would do so at another time.
why did you not go In and des-
troy the Colon In the engagement on
May 3l2" Judge Advocate Lemly asked
the witness.
Because we were not ordered 10
do So" replied the witness.
Later on the witness volunteered the
statement II think the Colon could
nave UfNH htNAiNgNu MUtif rlit luy at
anchor that day"
Admiral Higginson stated IN reply
20 questions from Capt. Lemley, that
there were no written orders and so far
as he could recall, the only verbal or
ders were TO "go IN
HIGGINsON's REPORT OFFERED.
Judge Advocate Lemley then offered
Admiral Higginsou's report Of the
9Th Of August saying the report had
been made In line OF duty Judge VIII
son OF counsel for Admiral Schley said
no objection would be made but that
counsel for the applicant did not de-
sire the unobjscted acceptance Of the
report to operate as a precedent.
Capt. Lemly announced that he had
no further questions 10 ask Of Admiral
Higginson and counsel for Admiral
Sehley stated they had no questions 10
put. IL was then stated by capt Lem
Is that the court had some questions OF
It's own to present
These were written The first was
concerning the elevation Of the guns
during the bomhardment OF the Colon
on May 81 The reply was that at first
they we're 1900 feet and latterly 1900
feet. The next question was as TO
'whether there was any place OF shell
ter near Santiago where the ilyins
squadron could have coaled after its
arrival at santiagoY
Admiral lligginson replied that
Guantanamo was only forty miles to
the east.
SOMETHING OF A SENSATION.
The third question. coming as II did
from the court, created something OF A
sensation, which was added to by tie
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 at Santiago, between me
27th and 2lst Of May2"
"Obiect" object" Object came
from each Of Admiral schleys COUNSEL
Before halt could be had the witness
replied,
mo. | do not think II was
The question and the reply led to a
legal controversy. Judge Wilson and
Mr.. Raynor both gave reasons for their
objections They contended that lhe
question called for the opinion OF the
witness, whereas only facts were adj
missible.
Judge Raynor asked:
MAY | ask the court II, according 10
the method of procedure here, tne
court has ruled that we are not at ln-
trty 10 object to any question al all
that may be asked?'
RIGHT TO ASK QUESTIONS.
Admiral Dewey replied:
while this court Is ordered to In
vestigate all the facts, we have the
right TO ask any question that VIII
bring out the facts. one OF the charges
against Admiral Schley is whether or
not every effort incumbent upon the
commanding officer Of the fleet under
such circumstances was made by
Commodore Schley TO capture or de-
stroy the Spanish cruiser Colon, as she
lay al anchor In the entrance at Santl-
ago harbor, May 81 to q, inclusive, We
have asked that question and we nave
his admiral Higginson's) opinion. This
court by the precept IL Obliged TO give
an opinion upon the conclusion Of the
investigations Now In the opinion OF
the court, and in order TO form our
opiniOn. we wanted Admiral Hlggin-
sons opinion on that subject"
JUDGE WILSON'S VIEW.
Judge wilson, understand that pre-
cept, reading II through from end TO
end. 70 be simply this that there shall
be an investigation 70 get at the facts.
And when you have gotten at the facts
then you express your opinion, but YOU
are not called uDOn, as ! must respect
fully submit, ore not permitted to take
somebody else's opinion. You have
right 90 get all the facts YOU can and
that is what we want. but otherwise
YOU VIII see at once that you might
have great variety Of opinions and all
the opinions of subOrdinates. In other
words the precept don't call for any
body's opinion except the opinion OF the
honorable court
DEwEY's OPINION.
Admiral Dewey--In the opinion Of one
member Of the court, and perhaps OF the
Others, we 40 not ask his opinion, but
for a statement Of matter OF TACT.
we ask was everything done We
don't say in your opinion.
Judge Raynor made an extended ar
gument. quoting many legal author
flies against the ACCESSIBILITY OF opin-
ions OF witnesses and he was speaking
when. al ] o'clock, the court took re-
cess OF an hour for luncheon.
COURT CALLED TO ORDER
Promptly at 2 o'closk tae court was
called TO order by Admiral Dewey and
Mr.. Raynor resumed his argument IN
opposition 70 the admissibility OF ques-
tions intended TO call out the opinions
Of witnesses.
He contended that II testimony CIV
ing opinions should be admitted The In
quiry would be interminable. IL, FOR
instance, opinions were 70 be taken az
TO the propriety Of the loop made by the
brooklyn, practically the entire navy
could be summoned. as all it's members
were experts and each would have his
opinion Witnesses were expected TO
relate facts; the court 20 give opinions.
Replying. Judge Advocate Lemly quot.
Cd the record IN the trial OF Admiral
Kepphel. arguing that II was entirely
within the discretion OF the court TO
decide whether the opinion Of a witness
who had been on the ground should be
called for by the court. He thought,
however. that ''the weight OF authority
was against asking the opinion OF
witness.
QUESTION WITHDRAWN.
a -.