The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-09-21
FIRST DAY OF THE INQUIRY INTO
CONDUCT OF CUBAN NAVAL
CAMPAIGN
THE COURT IS BACKED DOWN
On Objection by Applicants COun-
sci to Any Statement of
Opinion by Wit
nesseS.
FACTS ONLY ARE WANTED

WASHINGTON, Sept. 2O.-The Schley
court of inquiry reconvened today and
before adjournment examined four wit
nesses. The most important incident of
the day was the decision of the court
withdrawing a question put by the court
itself, asking a witness to give his opin-
ion concerning a point under controversy.
The witness was Rear Admiral Higgin-
son, who participated In the Santiago
campaign as captain of the battleship
SSachuSetts.
This vessel at one time was part OF
the flying squadron commanded by Com
mOdore Schley, and the court asked him
to state whether all possible measures
were taken to capture or destroy the
Spanish vessel Cristobal Colon, as 1t lay
in Santiago harbor from May q to June
/, 1898. Counsel for Admiral Schley OBJ
jected to the question on the ground that
a reply would involve an opinion and not
a statement of facts. Judge Advocate
Lemly admitted that the precedents were
against questions Of this character, and
the court withdrew this interrogatory.
1t is generally admitted that this de-
ciSion will have the effect of materially
shortening the term of court, as will also
the courts manifest intention to cut out
irrelevant questions and all hearsay tes-
timony. In several cases the witnesses
were aQlnOn1SneU TO relate only events
coming within their own observation. Ad-
miral- Dewey showed himself a prompt
and methodical presiding officer. He call
ed the court to order exactly at the des-
1gnated hour and adjourned it Just as
promptly at clock.
The witnesses today were Rear Admir-
al Higginson, who commanded the bat
tleship Massachusetts during the Spanish
war; Capt. G. NJ. Chester, VINO command
ed the cruiser Cincinnati Maj. Thomas
n. Wood, of the marine corps, who COM
manded the marines on the Massachu-
settS, and Commander Giles B. Harber.
VINO was executive officer of the Texas
the latter being the stand when the
court adjourned
The attendance of the public was small.
THE PROCEEDINGS IN DETAIL.
After an intermission of eight days the
Schley naval court of inquiry resumed
Its sitGngs at II O'clock today in the
tool shop at the navy yard. Rear Ad-
mlraE Ramsay occupied the seat whic:l,
on the first day of the session, was filled
by Rear Admiral Howison. All three
members of the court ware in service
uniform, and the morning air was cold
enough to make their closely buttoned
coats appear comfortable Mrs Dewey
accompanied her husband and remained
short time. The general attendance
was not large.
The court was called to order by a SIM
PIE word from Admiral Dewey. The
first order of business was the reading
by Judge Advocate Lemly of the order
OF the navy department appointing Rear
ADMIRAL Ramsay to a place on the court
IN place of Rear Admiral HoWison, and
when this was accomplished Capt Lem
Iy turned to Admiral Schley and asked
him. as he did when Admiral Howis on
was challenged, whether he had objec-
ton TO urge against any member of the
court he admiral arose as this uues-
ton was asked and replied: II have
not
The Judge advocate then swore the
members of the court collectively and
was then sworn in as judge advocate.
The court then retired for consultation.
The withdrawal was for the purpose of
discussing the methods of procedure and
was at the instance of Judge Advocate
Lemly. He suggested that it was usual
on such occasions to clear the court
room, but said that the court could with.
draw in lieu of this proceeding if the
court so desired Admiral Dewey an
nounced that the court would pursue The
latter course. Before the withdrawal. q
letter from Admiral Schley to the navy
department requesting to be suppl ed
with all papers bearing upon the case.an6
the departments reply granting the re.
quest was read
At 11:25 the court returned from it
consultation. Judge Advocate Lemly. ad
dressing Admiral Schley as "the appIi
can't asked if he had any suggestion.
to make as to the method of proceeding
whether he had something to offer or de
sired that he Iemly) proceed. The ad
mlral responded with nod of the heat
and move of the hand, "go ahead"
Mr. Lemly then presented the report O
the bureau of navigation for 1898,
photographic chart of the West Indie
and adjacent seas and other charts. H
stated EXPLICITLY that they were intro
duced, not as testimony, but as books O
reference.
"Win they preclude the introduction q
original documents?" Judge Wilson ask
Not at all. was the reply. "On tn
contrary. we shall desire to introduc
the original documents when opportunit,
Offers
Capt. Parker made objection to tn
photographic chart when it was present
ed. 1T is grossly Incorrect he said
"As matter of fact, the coast line O
Cuba is six miles further south and fou
miles further west than it should be
He, however, withdrew his obiecfio
when assured that the chart was not +
be used as evidence
HIGGINsoN THE FIRST WITNESS
Admiral Higginson. commani1er-;n
chief of the North Atlantic suuadror
was the first witness called. He gave hi
full name as Francis j. Higginson, ran
as that of rear admiral; said he no,
was in command of the North Atlanti
squadron;' that he had as captain. com
manded the battleship Massachusett
during the Spanish war, and that for
part of the time the Massachusetts ha
been a part of the Flying SQUADRON
of which Admiral Schley had been i
command. He. told of joining the flee
at Newport News; of going to Key Yves,
and then, on the 22d Of May, of goin
TO Cienfuegos, Cuba. Key West had bee
left on May 10, 1898, and Cienfueeo
reached on the 22d
What was then done to secure com
municatlon with tie Cuban forces O
Shore?' Capt. Lemly asked
Nothing, 10 my Knowledge the viii
ness replied. Il did not see that apy
thing was done, but 1 understood tho
information concerning the CubanS va
received through Capt McCallan "A
miral Higginson said, in response :
questions, that this was later.
He also told in reply to questions :
the presence Of the collier Merrimac ar
of the departure from Cienfuegos an
the arrival at SANTIAGO on the eva,,,