The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-08-22
scHLEYs REQUEST DECLINED.
Government Says Court Must Decide
Eitness Of Its Memhers

] SA-DAuEnEE QA lllE scLl-lSE case II
concludes with a letter from Acting Sec
| retary Hackett TO Admiral Schley, stat
ing that the department having consti-
| tuted the court should not at this stage
of the proceedings undertake 10 hear
and determine questions that may arise
respecting the competency of the mem
bers Of the court. uch proceedings would
be irregular, all questions OF this nature
being left TO the court itself
This is a declnation OF the request
made by Admiral Schley's counsel that
the attention of Admiral HowisOn be
called by the department to an alleged
interview in which he said that the credit
for the victory at Santiago belongs to
Admiral Sampson.
The correspondence follows:
Washington, August l9.
"TheSsecretaly Of the Navy: Sir: I
( have the honor 10 enclose herewith a
/ newspaper clipping in which Rear-Ad-
miral Henry L. Howison, (who has been
/ selected to fiji the vacancy caused by the
relief Of Rear Admiral L. A. Kimberly
/ from the court of inquiry is reported TO
/ have expressed certain opinions. If this
statement, taken from the Boston Rec
( ord be true, it would. in the judgment
/ Of my counsel, disqualify him from serv-
ing in this court.
Il respectfully request that a copy of
this letter with the enclosure be submit
ted 10 Rear-AdTniral Bowison for his
consideration. and 7 would further re-
quest that 7 may be favored with q copy
OF his answer.
81 have entertained high personal re-
gard for Rear Admiral Howison through
out long personal service 50 that I feel
sure that if the statements expressed in
the enclosure are true. Rear Admiral
Howison would not be willing to serve as
a judge under such circumstances.
I have the honor to be, very respect
fully.
''W. s. sCHLEY.
Rear Admiral United States Navy"
Navy Department.
washington. August %.
"Rear Admiral W. S. Schley:
Sir: Your letter of the 18th. en- closing
newspaper clipping in relation to the al
legged statement Of Rear Admiral Henry
T. Howison. was received this morning.
'Soon after its receipt. Captain James
Parker, one of your counsel. called at
the department and stated that he in
tended to go to Boston Saturday and to
make further Investigation in the prem
ises and wished that no steps be taken
by the department until the result of his
visit could be communicated to the de-
partment The department would be
pleased to learn Immediately if it be your
desire that action be withheld for the
present. Respectfully.
w or r-1-rr, 4,4s,o~
The Arlington
Washington, August 20.
Sir In reply to the departments let
ter Of this date. referring to clipping con-
tanning alleged statements of Rear Ad-
miral Henry L. Howison would say
that believe that the action requested
should not be withheld. as its purpose
was 10 avoid any delay in the court after
its session had begun.
Il beg. therefore. that the requests Of
my letter Of yesterday be communicated
to Admiral Howison. Very respectfully,
CIV. s SCHLEY,
Rear Admiral Nnited StatesNavy."
Secretary of the Navy. Washington,
August p. 1901.
"Sir: In reply to your letter of the 18th
instant, enclosing a newspaper clipping
and requesting the department to serd
It TO Rear Admiral Howison. together
with a copy Of your letter. YOU are in
formed that the appointment Of Rear Ad-
rniral Howison as n third member Of the
court Of inquiry was accomplished only
after taking great pains 10 insure abso-
lutte impartiality in the officer selected.
To a question unoficialiy put as to his
availability in case the shipment should
require his service. Rear Admiral Howl
son replied: I know OF no reason why
7 should not be available for such duty
should the department so decide 7 have
made no public utterances relative 10 the
subject. and 7 have seen none of the Of
fetal reports and papers bearing upon the
questions to be decided by the court
Your counsel. Captain Parker. before
the appointment had been made. an
nounced. mentioned to the acting secre-
tary the names Of certain rear admiraIs
any OF whom. he said. would be per-
fcctiv satisfactory 70 Admiral Schley
One Of the name $50 mentioned was that
If Rear-Adriral Howis0n. It may be ad- I
ded that Of four officers consulted by the !
department the names Of three men were /
upon the list thus mentioned by your /
counsel.
This much has been detailed in order [
10 remind you Of the fact that a fair (
minded officer Of excellent reputation (
and unnlemished character had been
found IN the person Of Rear-AdmiraI (
Towison. who. at the date ~ his appoint /
mant. appears TO have enjoyed the conf 4
dence of both the department end YOUR 1
ser +
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clipping that purports % contain state
ments in regard 20 the truth ~ which .
Won do not yourself express sn opinion
YOU asl- the department 90 lav before
Rear Admiral ffoiWson q sttHeusrt.
wholly uusubstantiated. thst appears to
have been made hT some persons un-
known ~ a time and place likewise uu-
known
THE department s. unah'e e. view yor-
request in orv Other iight than that ~
q ureiinInarv challenge - the atness ~
Rear Admiral Fowison n serve as
member ~ the court. u vin - treated
as IS usual fn cases - courts of Enquiry
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