The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-10

! ing the engagement of May 31st to
which you have already referred?"
His bearing and manner was that of
man who was suffering under extreme
| mental excitement of one who had a
| disagreeable duty to perform, and per-
| formed it reluctantly and tried to get
| through with it as soon as he could"
| Mr.. Rayner then began his cross-ex-
| animation.
who was the captain of your ship"
| he asked.
| Francis j. Higginson.
Il want to read you what Captain
| Higginson says about Commodore
| Schley's manner and bearing upon that
occasion. He said: His manner was
| that of commander-in- chief He left
a different impression in your mind
from what he left on Captain Higgin-
sons mind
Apparently"
Had Captain Higginson opportunity
| to observe him on that occasion?"
mot as well as / did"
"Why was that?"
Because Captain Higginson was in
the coming tower and I was outside"
did not Captain Higginson have any
conversation with the Commodore at
that time?''
Prom time to time, yes
What do you mean by mental excite
| ment?"
Il quoted conversation that I had.
The first thing was the apparent anxiety
of Commodore Schley about using the
coming tower. Secondly, his stating
that at a distance of five or six miles
men standing on the forward 13-inch
turret were conspicuous Objects
Did the Commodore use the coming
| tower"
Il did not see the Commodore go into
the coming tower To the best of my
knowledge and belief he did not He
was outside the coming tower and be-
tween the coming tower and the heavy
plate that protects the manhole in the
coming tower My preconceived idea of
Commodore Schley previous to that occa-
sion was so entirely different from the
impression / received on that day | con-
cluded that he certainly was under a
tremendous mental strain"
GIVES HIS REASONS.
"Have you any other facts from which
you base your statement to the court that
he was laboring under mental excite
givCn?"
Yes. When Commodore Schley came
on board the Massachusetts he stated in
distinct term that he was going in to
destroy the Colon. The Colon was not
destroyed. When he left the ship he
called it a reconnaissance, drawing the
fire of the batteries and developing their
weakness or strength
fsDO Won gather from that that ho wa G
laboring under great mental excite
ment?"
From that and from circumstances I
have already stated from my observation
of him from the time he came on board
the ship until he left
Suppose you were made aware of the,
fact that when he entered into that en-
gagement. he was under the regulations
OF the Navy not to engage shore batter
les if there was any danger of the shore
, batteries crippling the ships, would you
say if you knew of that that he was still
laboring under great mental excite
ment?'
Il cannot answer that"
LEMLY's OBJECTION OvERRULED.
Captain Lemly objected to the introduc-
ticn Of the Navy Departments orders as
evidence but the court decided that they
could be put in.
Mr.. Rayner then asked concerning the
weather on the trip from Cienfuegos, and
the witness said that on May %, it had
been what is called dirty. There was an
eastern wind and a moderate sea- rough
for small vessels.
Referring to the Spanish shore batter
les at Santiago, Commander Potts said
they would have been no menace to ar
mored ships passing them.
At the suggestion of Judge Advocate
Lemly and in accordance with the decision
of the court Mr.. Rayner here formally in
PRODUCED as evidence the order from the
Navy Department concerning the ex-
posture of the American ships to the fire
OF shore batteries.
The court asked questions as follows
"Can you give the distance the large,
vessels were from the entrance to Glen
fuegos on the early morning of either the
22nd or the 2Srd of May"
Il do not recollect any being nearer
than have said, four or five miles. l
did not measure the distances there
What efforts were made by the YES
sells of the Flying Squadron prior to the
effort of the Marblehead to determine
whether CT not Cerveras squadron was or
was not in the harbor of Cienfuegos?"
None that ever knew Of
Referring to the range of the guns for
that day Commander Potts said the range
given previous to entering the engage
ment was 1000 yards but he had increased
it to 1880 yards, then to 5000 yards and
finally to 10000 yards. Only one shot
which had been fired at the American
fleet had impressed him as being at ali
dangerous. That fell near the Massa-