New-York tribune., 1901-09-21

and then the actual business for which It had
been called taken up.
In addition TO Admiral IJigginson there were
several other naval officer present who are ex-
pected 10 be called as witnesses. Among them
were Captains Clarke, COOK and Chester, Lieu
tenant Doyle who the EroolSiyn al the
time OF the engagement; of Santiago. and Major
Wood Of the Marine Corps. AdniTa. Watson
also was present, but'it was not stated that ne
would be called a witness.
NO OBJECTION TO PERSONNEL.
The court called order by simple word
from Admiral Dewey. The first order of bust
ness was the reading by Judge-Advocate Lemly
OF the order of the Navy Department appointing
Rear-Admiral Ramsay place on the court In
place of Rear-AdmiraI Howison. and when this
accomplished Captain Len1ly turned to Ad-
Iniral Schley and asked him, ne did when
Admiral Howison challenged, whether he
had objection TO urge against any member Of the
court. The admiral arose as this question was
asked. and replied:
II have not"
The Judge advocate then swore the members OF
the court collectively and was In turn sworn in
as judge-advocate The court then retired for
consultation.
The withdrawal was for the purpose OF dis
cussing the methods of procedure and was at
the instance OF Judge-Advocate Lemly. He
suggested that u was usual on such occasions
TO clear the courtroom. but said that the court
could withdraw In lieu Of this proceeding II II
desired. Admiral Dewey announced that the
court would pursue the latter course Before
the withdrawal a letter from Admiral Schley
TO the Navy Department requesting to be sup
piled with ali papers bearing upon the case. and
the departments reply granting the request
read.
QUESTION REGARDING CHART.
AT 11:25 the court returned from its con-
sultation. The Judge-Advocate. addressing Ad-
mral Schey ''the applicant" asked if he
had any suggestions TO make as to the method
Of preceding, whether he had something to Of
fer or desired that he Gemly) proceed The
admiral responded with nod OF the head and
a Of the hand, Go ahead"
Mr.. Lemly then presented the report of the
Bureau of Navigation for 1898. photographic
chart OF the West Indies and adjacent seas, and
other charts. He stated explicitly that they
We're introduced not as testimony, but as books
of reference.
VIII they preclude the introduction OF origi-
nal documents?" Judge Wilson asked.
Not at ALL" was the reply. "On the con-
trary, shall desire 70 introduce the original
document when opportunity offers"
Captain Parker made objection 70 the hydro
graphic chart when it presented. 1T is
grossly incorrect he said. LAS a matter of
fact, the coast line of Cuba is six miles further
south and four miles further west than 1t
should be-" He, however, withdrew his objec
ton when assured that the chart was not TO be
used evidence
HIGGINSON'S TESTIMONY
Admiral Higginson, commander-in-chief of the
North Atlantic Squadron. the first witness
called He gave his full name as Francis ].
Higginson, rank as that of rear admiral: said
he now was in command of the North Atlantic
Squadron; that he had, captain, commanded
the battleship Massa chusetts during the Spanish
war. ard that for part OF the time the Massa-
chusetts had been part of the Flying Squad
ron, Of which Admiral Schley had been in conf
mand. He told Of joining the fleet at Newport
News; Of going to Key West and then May
%, going to Cienfuegos, Cuba. Key West had
been left May 10, 1898. and Cienfugoes
reached on May o2
What was then done to secure communica-
ton with the Cuban force on shore?" Captain
Lemly asked
Nothing TO my knowledge" the witness re-
piled. II did not that anything was done,
but understood that information concerning
The Cubans was received through Captain Nc
Gala" Admiral Higginson said in response to
questions that this took place later.
He also told in reply to questions. of the
presence of the collier Merrimac and of the de-
parture from Cenfuegos and the arrival San
tiago the evening of May &c. In reply to
questions, he said that the Massachusetts had
at that time taken about 130 tons of COAL
but that the weather rough this was done
with difficulty.
NOT IMPOSSIBLE TO COAL.
The witness also told of the fleets leaving
Santiago for Key West the night of it's ar
rival at the former place. and Of how, after
steanling westward for time, the vessels
all, in response to Commodore Schley's signals
returned ard steamed to within two three
miles Of the mouth Of the harbor.
What happened to cause the decision to re-
turn TO Key west?" the witness was asked.
Il don't know" was the reply
What was the condition of the weather at
the time for coaling at sea?"
1T was not impossible to coal. think"
Did you have any conference with the COM
nnanding officer IN regard TO returning to San
tiago after you had gotten the way to Key
West"
None. We acted under general orders. All
We did to follow the signals of the flagship
the signals of the commander chief"
Speaking of the conditions when Santiago
Harbor again reached the admiral said
that he could well into the harbor, and that
he the Spanish ship Colon lying in the
outer harbor. He did not remember seeing other
vessels, but the Colon was then thousand
yards beyond Moro Castle. The vessel had
lain there until she fired upon which was
done May 81, and had then retired
Describing this engagement, Admiral Higgin-
son said il was on the day before the arrival