Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-20


then swore the members of the court
collectively and was in turn sworn in
as judge advocate. The court then
retired for consultation, to discuss the
methods of procedure. 1t was decided
when the occasion arose the court
would withdraw instead Of clearing
the court room as is usual.
When the court returned Lemly pre-
sented the report of the bureau of navi-
cation for 1898, a photographic chart OF
the West Indies and adjacent seas, and
other charts. He stated explicitly they
were introduced not as testimony. but as
books of reference. Capt. Parker made
no objection to the photographic shart,
stating it was grossly incorrect, but
withdrew the objection when assured
that the chart would not be used as evil
dence.
Rear Admiral Higginson was intro
;duced as the first witness. Before he
began to give his testimony Judge Ad-
vocate Lemly read the order placing the
command OF the North Atlantic squad
ron in the hands of Sampson, giving him
the rank of rear admiral. and then
SchIey command of the flying squadron.
Higginson, who commanded the Mas
sachusetts during the Spanish-American
war, part OF the time attached to the
dying squadron" under Schley, testi-
fed that they arrived at Cienfuegos on
May 90. Nothing, to his knowledge,
was done to secure communication with
the Cuban forces ashore, but 1t was un-
derstood that information concerning
them was received thru McCalla later
on. He told of the presence of the col
lier Merrimac and arrival at Santiago
en- the Goth. The Massachusetts at that
time had taken on $50 tons of coal, but
the weather was rough and coaling was
very difficult. In reply to question of
the court, Higginson said he did not be-
lieye Sch!ey had done all he should have
done to destroy the Colon while she lay
at anchor. The defense objected. Dew
gey said the court considered itself
obliged to get at all the facts. Judge
Wilson, for Schley, said he would re-
serve the right to later take exception
10 requests for the opinions OF witnesses,
even when put by the court.
Higginson told of the fleets leaving
Santiago for Key West on the night of
arrival at the former place and OF how,
after steaming westward for some time,
the vessels all, in response to Schley's
signals, returned and steamed to with
In two or three miles of the mouth of
the harbor.
..What happened to cause the decision
to return to Key West"
II don't know"
what was the condition Of the
weather at that time for coaling?"
TT was not impossible to coal. I
think"
"Did you have any conference with
the commanding officer in regard to re-
turning to Santiago after you had got
ten on the way to Key West?"
"None. We acted under general ord
ers. All we did was to follow the Sig
nails of the commander-in-chief.
Speaking of the conditions when the
Santiago quarter was again reached the
admiral said he could See we'll into the
harbor and he saw the Spanish ship
Colon lying in the outer harbor. He did
not remember seeing the other vessels.
but the Colon was then 1000 yards be-
yond MORO castle. The vessel had
lain there until she was fired upon,
which was done on May 81 and had then
retired. Describing this engagement
Higginson said 1t was in the day before
arrival of reinforcements under Samp-
son. He said Schley had come aboard
and said he wanted Ito go in and fire on
the Colon.' $50 we went in and fired on
her." continued the witness.
He said the shots fell short Of the Co
Ion and the Spanish shore batteries had
in turn fired at the bombarding ships.
In reply as to what had been accom-
plished by the bombardment, witness
replied 1t had served to draw the fire
of the Spanish shore battery and give
an Idea of what 1t was composed.
What idea did you get of its compo-
sition?'
II didn't think 1t amounted to any
thing"
where was schley during the bonn
bardment?"
"At one time he was with me in the
coming tower, but most of the time he
was OH the outside. was near him
most of the time"
..Describe the admiral's manner in
this engagement"
II hardly know how to answer the
question, except to say his manner was
that of commanderin-chief
why did you not go in and destroy
the Colon in the engagement on May
81 % Lemly asked.
Because we were not ordered to do
SO.
Later the witness stated:
II think the Colon could have been
destroyed where she lay at anchor that
day.
IIigginson stated there were no writ-