The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-20

impression did the admiral's manner in
that engagement make upon you?'
Mr.. Raynor, counsel for Schley OBJ
jected to this question, and after some
contention the question was withdrawn
Judge Advocate Lemly stated before
withdrawing the question that he con-
sidered the point as embraced in the
precept, and said that while the task
was disagreeable, he consid cred it his
duty to press it and minated that he
would do SO at another time.
why did you not go in and destroy
the Colon, in the engagement on May
31?" Judge Advocate Lemly asked the
witness.
Because we We're not ordered to do
so?" replied the witness.
Later on the witness VOLUNTEERED the
statement: II think the Colon coulo
have been destroyed where she lay II
anchor that day"
Admiral Higginson stated, in reply t.
questions from Captain Lemly. that
there were no written orders. and. 80
far as he could recall the only verbal
orders were to GO in
Admiral Higginson's Report.
Judge Advocate Lemly then offered
Admiral Higginson's report of the 5th
! or August, saying the report had been
made in the line of duty.
Judge Wilson, counsel for Admiral
! Schley. said no objection would be made,
| but that counsel for the applicant did
not desire the unobjected acceptance of
| the report to operate as a precedent.
Captain Lemly announced that he had
| no further questions to ask Of Admiral
Higginson and counsel for Admiral
Sta tod hat l,o
to put. 49,.
1t was then stated by Captain Lemly
! that the court had some questions of it's
own to present. They were written
The first was concerning the elevation
of the guns during the bombardment
OF the Colon on May 81.
The reply was that at first they were
1890 feet and latterly 5000 feet
! The next question was as to whether
there was any place of shelter near San
! tiaeo where the flying squadron could
have coaled after it's arrival at San
| tago?"
Admiral Higglnson replied that Guam
tanamo was only 40 miles to the east.
| The third question, coming as it did
from the court, created something OF a
sensation, which was added to by the
reply. The question was:
| WAS every effort made by Admiral
| Schley to destroy or capture the Spanish
steamer Colon as she lay at anchor in
the harbor at Santiago between the eth
! and 3lst Of May?"
Objection Quickly Made.
"Object!' "Object!" "Cbject." came
from each Of Admiral Schley's counsel.
Before a halt could be had the witness
replied:
mo, I do not think it was"
The question and reply led to legal
controversy. Judge Wilson and Mr..
Raynon both gave reasons for their OBJ
jections.
They contended that the question call
ed for the opinion of the witness, where
| as only facts We're admissible.
| Judge RaynOr asked: May ask the
court If, according to the method Of pro-
| eedure here, the court has ruled that we
| are not at liberty to object to any ques-
ton al all that may be asked =,
Admiral Dewey replied: while this
court is ordered to investigate all the
| facts, we have the right to ask any
question that will bring out the facts.
Zone OF the charges against Admiral
Schley is, whether or not every effort in
cumbent upon the commanding officer of
the fleet under such circumstances was
or destroy the Spanish cruiser Colon, as
she lay at anchor in the entrance at San
| tiago harbor, May q to 31st, inclusive.
Obliged to Give opinion.
We have asked that question and we
have his admiral Higginson's) opinion.
This court, by the precept, is obliged to
give an opinion upon the conclusion Of
the investigation.
Now, in the opinion of the court. and
in order to form our opinion, we wanted
Admiral Higginson's opinion on that sub
ject."
Judge Wilson, understand the pre-
cept, 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 opinion. but you are not
| called upon, as l must respectfully SUBJ
init. or permitted to take somebody
| else's opinion.
you have right to get all the facts
| YOU can an dthat is what we want, but
! otherwise you will see at once that you
| might have a great variety of opinions
| and all the opinions of subordnattes.
I'm other words, the precept don't call
for anybody's opinion except the opinion
| of the honorable court"
| Admiral Dewey-In the opinion of one
| member Of the court, and perhaps of the
| others, we do not ask his opinion, but foP
| statement of a matter Of fact. We ask
Was everything done" We don't say
| in your opinion.
Extended Argument Made.
Judge Raynor made an argument. quot
| ing many legal authorities, against the
| advisability of opinions of witnesses
| and he was speaking when, at o'clock