The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-09-12

gardlng dlsobedtence OF orders WaSS read
together with the departments refusal.
At this point Judge Advocate Lemly in
troduced the official reporter, Mr. Hulse
and his own assistant counsel, Mr.. Hanna
Admiral Sehley also introduced his coun-
sci, Judge J. NJ. Wilson, Isidore RaynoI
and Captain James Parker.
None Of the documents read received
more than perfunctory attention, but there
was general change of attitude when the
next order was reached. This was thu
challenge on the part of Rear Admira
Schley of Rear Admiral Howison as {
member of the court.
While this was expected it created nc
little commotion, coming as it did withou
preliminary announcement beyond thu
question on the part of Captain Lemly as
to the court to urge. Admiral Schley re
sponded promptly.
Text of SchIey's Challenge.
The following is the full text of Admira
Schley's challenge of Admiral Howison a.
a member of the court:
Rear Admiral W. S. Schley in the exer
else of his legal right of challenge, object
to Rear Admiral Henry L. Howison upon tn
grounds:
Ftrst-That Rear Admiral Henry L. Howl
SOLi mas ali eduy IOrmSQ ana expressed al
opinion on the merit of the case about 20 b.
investigated and that he is, therefore, in
eligible as a member of this court
Second.,That Rear Admiral Henry L. Howl
son has already formed and expressed al
opinion upon the merits of the case about Il
be investigated, adversely TO said Rear Ad
miral W. S. Schley thereby indicating a hia
and prejudice which renders him, said Rea
Admiral Henry L. Howison, ineligible fo
service as a member OF this court.
ThlrQ-That Rear Admiral Henry 7. Howl
son has, in come ection with the subject mat
ter about to lse investigated, expressed al
unfavorahle .opia1on on the personal and pro
fessonal characteristics of said Rear Ad
miral Gchley, thereby indicating a bias ant
prejudice which renders him, said Rear Ad
miral Howison, ineligible for service as
member of this court.
FOurth-That Rear Admiral Henry L. Howl
son, in connection with the opinion formet
and expressed by him VI on the merits of tn
case about to be investigated, has institutes
and announced a comparison between tn
acts and personal and professional character
istics of the principal parties to the presen
issue, viz: Rear Admirals Sampson ant
Schley, to the disadvantage and dsparage
ment OF the latter, thereby indicating bias
and prejudice which renders him, Rear Ad
miral Henry L. Howison, Ineligible for ser
vice as member of this court
Evidence Plenty.
A hurried consultation followed. Admir-
al Dewey first turned to Admiral Benham
then stepped around the table and en-
gagged Captain Lemly in conversation. He
afterwards spoke to Rear Admiral Howl
son.
Captain Lemly asked # there was any
evidence in support of the statements con-
corning Rear Admiral Howison, to which
Mr.. Raynor, speaking for Rear Admiral
Schley, said there was. Admiral Dewey
announced that this would be heard
Admiral Schley introduced three wit
nesses: Francis E. Frost, reporter on
the Boston Record, who published an in
terview with Admiral HoWison in which
the latter was represented as rejecting
upon Admiral Schley; William E. Spon OF
New York, who claimed to have heard
Admiral Howison say that Admiral Schley
should have been coCTtmartialed, and
Foster Nichols, of Yonkers, N. Y. who
stated that Admiral Howison said to him
that if Schley had been an officer in the
English navy he would not have been
allowed to retain his commission. All
said Howison had given them the impress
sion that he was prejudiced against Ad-
miral Schley.
Mr.. Frost explained the nature of his
duties in securing news from the Charles
town navy yard He then detailed his
with Admiral Howison. This
occurred, he said, in the commandments Of
fee and while it had not been given with
the distinct understanding that it should
be published there was no injunction OF
secresy.
Gave Sampson the Credit.
Publications had begun to appear con-
cerning the credit for the victory. This
had been referred to during the witness
visit to Admiral Howison and in reply the
admiral stated, so the witness testified
that Sampson was entitled to the credit for
the victory at Santiago.
Admiral Howison described the duties
which had devolved on Sampson, and how
vessels had been placed off the entrance
of the harbor to guard against the escape
of the Spanish fleet. He stated that if the
American feet had been defeated Admiral
Sampson would have been asked why. Mr.
Frost suggested that the public seemed
disposed to give the credit to Schley. II
response. he testified Admiral Howisor
went on to say that Simpsons standing as
an officer and as man was greatly supe-
rior to that of Schley.
What he said pursued the witness
inclined me to the belief that he had nc
use for Admiral Schley'."
The witness also gave in detail the cir.
cumstances leading up to the publication
Solicitor Hanna if Admiral Howison had
expressed an opinion on the points in the
precept. The witness thought he had not
as many points in the precept were not
involved in the conversation. On redirect
examination, Mr.. Raynor asked:
What was Admiral Howisons manner
during the conversation with you?"
Spoke SneeringIy of SchIey.
''He spoke of Schley in what 1 would
call a sneering manner" replied the wit
ness.
When the last witness left the stand
Counselor Raynor called attention to the
fact that Admiral Howison had made nc
defense. The court then took a recess
to permit Admiral Howison to formulate
a statement.
In asking Admiral Schley for a desig-
nation Of his witnesses, Captain Lemly re-
ferred to the admiral as the accused. y
Admiral Dewey promptly called his at
tention to the error and the judge advo-
cate general corrected it, referring to him
then as 1.-The applicant"
Admiral HOwisOn's Defense.
When the court reconvened Admiral
Howison presented his reply. He said
he could not remember Spon's face, but
remembered his conversation with Mich
OILS. He was here to obey the order of the
department and he would not enter into q
discussion of his private utterances. He
had no personal feeling and he considered
himself a competent member of the court
FLAGS FOR GRANTS T0MR