The Washington times., 1901-09-21
OPINIONS Not In DEMAND.
Continued, Ftom,First page.)


IN other words,i, he ssaid. the precep
does not call for, anybodys opinion ex
eePt the opinion q this honorable Court.
nai'Irai thl Tart hamsays the junior member o
Admiral Higginsen called for the state
| ment OF fact by Admiral Higginson anc
not an opinion, and Admiral Dewey re-
peated that the witness was asked merely
| whether as matter of fact anything was
| done.
Much legal argument followed that took
| up the time until recess at ! O'Clock, anc
was resumed when the court reassembfed
| at 2. Mr.. Rayner read extracts from sew
| eral decisions of military courts to show
that the rule was not to hear opinions
when there were witnesses to testify to
the facts. He lead that part of the pre-.
cept relating to the Brooklyn's loop and
said:
Would this Court take opinions of ex-
perts as to whether that was proper
turn of the Brooklyn or not? Would the
Court permit experts to come up here
from ensigns to admirals? They are all
experts Everybody in the navy is an ex.
draw any distinction under the authori-
ties. 1t is question of the value of the
testimony. Everybody in that fleet would
have the right to come up and give his
opinion as to whether the turning OF the
Brooklyn under the circumstances OF the
case was a proper turn to be made that
day or not. That, may 1t please your
honors. Is not the law It could not be
the law because you are directed to give
an opinion here under the specifcations
of the precept as to whether or not the
turn of the Brooklyn under the circum-
stances of the case was or was not a
proper one. Every witness can speak of
facts. Every witness can show the posi-
tion of the Brooklyn for instance. at the
time she made the turn Every witness
can show the distance from the Spanish
ships, the relative positions of the Ameri-
can ships and give all the facts upon
which your honors can base an opinion
your honors, who alone have the authority
to give the opinion as directed by the
specifications of the precept.
Defining Their Powers.
NJ Rayner concluded with these re-
marks: You are not jury that has to
give a verdict. You are not a court that
has to give a judgment. You are an ex-
pert court that has to give an opinion
But when you are commanded under the
specifications of this precept you have
not the right to ask for anything except
a plain statement of facts that the Wit
nesses have seen and heard, and from
that statement 20 arrive at your own
opinions as to whether Commodore
Schley made every effort Ipon that day
that was incumbent upon him as an OFF,
Ger of the fleet in reference to the issue
that is now before u.s..
The judge advocate made a brief re-
sponse, admitting in conclusion that he
case Of this kind was against ASKING the
opinion Of witnesses, but his view of the
matter was that the Court was entitled
to the opinion of any witness If 1t de-
sired it. -
Almost as soon as Captain Lemly con-
cluded, the decision of Admiral Dewey
and his colleagues was rendered. They
decided against themselves.
The Court withtlraws the question and
the answer said Admiral Dewey. simply.
Captain Lemly then asked Admiral Hig-
gibson at what distance the blockade OF
Santiago was maIhtaihed by the Flying
Squadron. X ~
Il think in the daytime from three to
foud miles, at nighttime. probably from
two to three" said the witness. We
were closer at night than we were in the
day time, to the best of my recollection
The Court wanted toIknow whether any
further attempt was made by the Flying
Squadron to destroy the Colon.
Mo- said Admiral .Higginson. THE
next day she got up steam and went In
Capt. Colby ii Chester. u S. N. who
war with Spain. was the next witness.
His ship, he said, had fallen in with Com
modore Schley's flagship, 1.-The Brooklyn.
off the west coast of Cuba on May %,
with Admiral Schley. He told the COM
modore about places on the south coast
of Cub3 where vessels might possibly
coal. Commodore Schley spoke OF leav-
W
seemed to regret that this was the case.
Captain Chester suggested taking the
Cincinnati. and Commodore Schley said
he would like to do so, but he was not
He declined to les Captain
Chester ccai from the collier and follow
him to Cienfuegos.
There was some talk about coaling and
Commodore Schley and Captain Chester
agreed that the method practiced by some
of the vessels of Cienfuegos of coaling
from their pulling boats was too slow.
Captain Chester said he thought coaling
at an anchorage was the best plan.
Saw Hostile Vessels.
The next witness was Major Thomas N
Wood, of the Marine Corps, who COM
manded the marine guard on the Massa-
chusetts in the war. Examined by Mr.
Hanna, Solicitor of the Judge Advocate
Generals Office. and assistant to Judge
Advocate Lenly he told of the discov-
cry of the Cristobal Colon, and another
vessel OF the Viscaya class near her.
For what length of time did those ves-
sells remain visible from the Massachu-
setts?' asked Mr. Hanna.
''As near as / can remember about three
or four days.
Major Wood told of Admiral Scnley's
going to the Massachusetts on the day of
the firing on the Colon. Captain Higgin-
son tnow admiraD met him at the gang
way. As they passed the witness over
heard Commodore Schley say:
the CristobaI Colon. ] am not going in
sufficiently close to endanger the yes
sells" Describing the firing on the Colon
the witness said the first shot from a
ihirteea-inch gum fell short He had
of some six-inch guns but was
not to fire them. no reason be-
Ing given. He knew only from hearsay
that the range was 10000 yards. He
heard the word that this was the range
passed along the deck by the battle mes
5engers.
"On turning to go back toward the har-
Dor the Massachusetts used the port helm,
which took her farther away from the |
Colon. The Colon was in sight only |
minute and half or two minutes as the |
passed the harbor. Two |
runs past We're made. The wit |
ness explained that he had gone to the |
where Commodore Schley |
was and he said:
Il heard, as believe. Commodore
,chley say to Captain Higginson, Star
BOARD your helm and let s get out of here
This was just after the conclusion OF the |
-un."
did you hear it distinctly" Mr.. Hanna
sked.
II heard it fairly distinctly. There was
| good deal of confusion going on at the |
ime. There were number of people |
4 the voice and from the general direc-
ion in which it game ! attributed the
emark to CommHdorei Sehley."
Commander Giles B. Harber, who was
With Spain, was then called. Capt. Cater |
ear admiraD John w. Philip. who COM
handed the Texas. is dead. The witness
vas second In command on on the ship.
,roached Cienfuegos? 2" Commander Har
mo, sir; did not" was the answer
Admiral Schley had reported that he
,eard sound of guns from Cienfuegos,
nd supposed the Spanish fleet was there |
nd was being salntedl