Jasper County Democrat, Volume 4, Number 25, Rensselaer, Jasper County, 28 September 1901 — PROCEEDINGS OF THE SCHLEY COURT OF INQUIRY. [ARTICLE+ILLUSTRATION]

PROCEEDINGS OF THE SCHLEY COURT OF INQUIRY.

First Day. The Schley court of inquiry reconvened In Washington Friday morning and Rear Admiral Ramsay was accepted as a member of the court in place of Admiral Howison, to whom objection bad been made. The feature of the day’s proceedings was Admiral Higgiuson’s testimony. to the effect that he believed the Cohn could have been sunk and tha: Schley did not use every effort to accomplish this. After the court had been called to order the appointment of Rear Admiral Ramsay as a member of the court was announced, Admiral Ramsay succeeding Rear Admiral Howison, declared ineligible. Judge Advocate Lemly asked if there were any objections to Ramsay and Admiral Schley and his counsel signified that the new member was accepted. After the court had administered the oath to everybody concerned in the inquiry the court retired to read the precept to Rear Admiral Ramsay. Judge Advocate Lemly presented a number of reference books and maps aud then read the orders assigning Sampson to command of the North Atlantic squadron and Schley to thot of the flying squadron. These orders were read for the purpose of showing at the beginning of the inquiry that Sampson was in command of the entire fleet and Schley's superior officer.

Rear Admiral Higginson was the first witness. He was in command of the battleship Massachusetts during the war with Spain. Higginson, who at the time of the battle, was a captain in the navy, detailed movements of the fleet. He is considered one of the anti-Schley witnesses. During his testimony he said that the colliers Merrimac and Castine accompanied the fleet and that the Massachusetts was able to take on 137 tons of coal without trouble while at sea. He also testified that the lowa took on some coal.

After detailing the movement of the fleet from May 19, when Key West was left, to May 29, when the Colon was sighted, “She was in plain view at the •entrance of the harbor of Santiago,” said Higginson, in response to questions from the judge advocate. Then the questioning took auother tack and before the witness was asked if Schley used his utmost efforts to destroy the Spanish vessel Lemly switched the questioning to the blockade. Higginson testified that the fleet was closer to the harbor in the night time than in the day time and that the vessels kept constantly moving. Then the testimony went back to the firing cn the Colon, which was nosing around the harbor of Santiago. ~ In response to questions Higginson said that Schley came aboard his vessel and said it was his plan to hare the ships pass the mouth of the harbor at a ten-knot speed and a distance of 8,000 yards and fire at the Colon as they passed the harbor. He said this was done and that the plan gave the fleet only about tw'o minutes to shoot at the Spanish ships. Higginson said most of the shots from the Massachusetts fell from 800 to 1,000 yards short and that so far as he could observe the Colon was not hit. He said that the bombardment of the Colon developed the location and strength of the shore batteries, the shots of which came near to the Massachusetts. He testified, however, that the shore batteries did not Impress him as being dangerous in the least.

There was a quick exchange between Mr. Kayner, Schley’s counsel, and Capt. Lemly when he asked Higginson how did Schley's conduct impress him. “As that of the commanding officer,” answered Higginson, evading the question.

Lrinly Insisted on a more explicit answer. After a series of exchanges between ltayner and Lenity the latter withdrew the question. Colon Not Ordered Destroyed.

During the testimony Higginson testified that Schley was in the conning tower during a part of the engagement, but that be soon came out and watched the maneuvers from the bridge. Then Judge Advocate L*mly asked; “Admiral, when the Colon was sighted outside the harbor why did not the Massachusetts go in and destroy her?" “Because she was not ordered to do so,” was the quick reply. Then Lenily started to establish the fact that Bchiey had not issued auy formal order to follow in case the Spanish fleet came out of the harbor. He asked what specific orders had been given the Massachusetts tor such a contingency. Higginson said he remembered no orders other than the verbal agreement that each ship would go in at close quarters and do its best.

Judge Advocate Lenily tried to make the captaiu pduiit that there should have been a buttle arrangement by which the

ships of the American fleet were designated to take care of particular Spanish vessels, but he refused to be pinned down. Then he wns asked to answer the questions in the seventh precept regarding the Spanish cruiser Colon. Higginson’s reply made Schley wince. “I think,” he said, “that the Colon could have been sunk.” Then, raising his voice, the judge advocate asked if every effort was made bySchley to capture or destroy the Spanish cruiser Colon as it lay in harbor from May 27 to May 31, inclusive. “No, I don’t believe there was,” came the unhesitating reply. Judge Wilson jumped to his feet. Admiral Schley pulled nervously at his beard. The navy regulations order that the commander of an American vessel shall be liable to such punishment as a court martial may direct if he does not use his utmost efforts to sink the vessel of an enemy when sighted. Judge Wilson argued against allowing Higginsou’s opinion on such a serious matter to enter into the records. Mr. Rayner held that Higginson should simply testify what took place on those days and then allow-Tbe court to formulate lta opinion as to whether Schley used his utmost efforts from the facts. Second Day. "TV Court opened with Commander Giles Harber on the stand. Schley’s counsel cross-examined Harber on his statement of the day before that no picket vessels were stationed inside of the line of blockade, at Cienfnegos, when the flying squadron arrived. Port officials report

was produced in which was stated that the vessels acted as pickets. Ilarber raid he would not contradict the report. Ilarber testified that the Texas had coaled at sea, near Dry Tortugas, in weather as rough as it was at Cienfuegos and Santiago, but admitted that reefs at Tortugas break the sea. The witness maintained that his statement to the effect that the fleet did not go close to the shore, at Santiago, at night, was correct, notwithstanding Higginson’s statement to the contrary. The first sensational incident of the inquiry occurred when Commander Harber made a vigorous objection to the manner in which Attorney Kayner cross-ex-amined him. Kayner, while asking a question, excitedly shook his finger at the witness. Whereupon, Harber said with considerable spirit, "Don't you shake your finger at me." Capt. Q. B. Harber said the blockade was maintained by the vessels steaming in column back and forth in front of the mouth of the harbor at a distance of from seven to ten miles ont. He said he had seen the Brooklyn Immediately after It had executed the loop, when It was on tho port bow of the Texas, about 800 feet distant. The Texas was not then moving at her full speed because the Oregon was passing her. If the Texas at that time backed or stopped lie was sot aware of the circumstances. Third Day. Counsel for Schley practically outlined some of the things they expected to prove to. justify the course of their client. One thing that they Riid they wanted to prove was that Sampson wus not in the battle at Santiago, and that the responsibility of' fighting it was thrust upon Schley. According to their representations to

the court they ifitend also to show that if Sampson’s blockade was good, then so was Schley’s, for the reason that were of the same character and general arrangement, and, more important than that, they promised to bring out that if Schley was censurable for failing to destroy the Colon Sampson was equally guilty, because for four hours after the arrival of Sampson at Santiago the Colon lay in the same position at the mouth of the harbor that she was in during the three days that Schley saw her, and Sampson made no effort to attack her. Admiral Schley's counsel said that they proposed to show, also, that what Schley did was done under Sampson’s orders, that Schley's withdrawal from the reeonnoissance, as it was termed by him, against the Colon and to develop the shore batteries, was performed under general naval regulations, and was the same policy that had been pursued by Sampson, and that if the Brooklyn was not to a proper position when Cervera’s squadron ran out on July 3 she was at the station assigned to her by Sampson. The part played by the battleship Texas in the naval battle off Santiago was the basis of a great part of to-day's proceedings. Lieutenant Commander Heilner, who was navigating officer of the Texas throughout the Santiago campaign, testified that the Texas was in its greatest danger at the mbment those on board her saw the Brooklyn looming up unexpectedly at a distance of only 100 or 150 yards on the port side. Consternation reigned for a moment on board the Texas in the presence of this danger of being rammed by a vessel of her own fleet. Commander Heilner gave a graphic account of this critical moment in the history of the battle, and produced a decided sensation in the court room by declaring that as soon as the danger from the Brooklyn was recognized by Captain Philip he gave the order to have the engines of the Texas stopped and to turn backward. The witness said that about three minutes of time was lots by this effort'to escape collision with the Brooklyn. With this loss of time and a further loss on account of the difficulty encountered iu getting up full steam immediately he estimated that the Texas was put back about three miles in her chase of the Colon and other Spanish ships. Commander Heilner swore that, while it was true the stopping and backing of the engines of the Texas was not recorded in the log of that ship, the omission was due to the definite orders of Captain Philip, now dead, because Captain Philip did not wish to bring any scandal upon a brother officer.

I eath Interrupts Trial. For the second time death interrupted the progress of the naval court of inquiry into Rear Admiral Schley’s conduct at the battle of Santiago. Tuesday's morning session hnd just begun when word came to the navy yard that Judge Jeremiah Wilson, chief of the Schley counsel, died suddenly at the Shoreham Hotel. Judge Advocate General Lemly had just called Alfred B. Claxton, a machinist on the Texas, to the stand when the news was brought in by an orderly. So sudden and unexpected was the sad intelligence that it was not .believed at first. The proceedings were suspended until a telephone message confirmed the rumor, and then Admiral Dewey announced that the court would adjourn until Wednesday out of respect to the decedent.

The death of Judge Wilson was entirely unexpected Isidor Kayner, his associate in the famous naval inquiry, left him at 10 o'clock. Judge Wilson was complaining of a slight attack of indigestion, but nothing serious was apprehended. The physicians who attended him say affection of tho kidneys rapidly developed. He told Mr. Rnvner to go out to the navy yard and proceed with the case and that he would come as soon as possible. The court convened at the regular hour and, with the exception of Judge Wilson's absence, everything proceeded in the regular manner. Commander Bates and Captain Sehroeder verified the printed copies of the evidence that had been given Monday and Admiral Dewey had administered the oath to Arthur B. Claxton, who was a machinist on the Texaa during the Spanish-American war, when an orderly handed a written message to Mr. Rayner. The attorney said a few words to Admiral Dewey and the proceedings ceased. Judge Wilson was-considered the leader of the legal array guarding Admiral Schley's interests before the court of inquiry. While Mr. Kayner has done most of the talking, Judge Wilson planned the line of cross-examination and prepared the defense to be laid before the court later in the investigation. His death will handicap the Schley forces materially.

WHERE THE COURT SITS.