The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-08
IS NO COWARD.
Continued From First Page.

hundred or more people waited at the
door of the building to bid him adieu.
LemIey Speech Was Written.
Capt Lemly used no formality in be-
ginning his address when the court con-
vened, but rising quietly from his seat
opposite the president of the tribunal,
began to read. He said at the outset
that his plan contemplated first a re-
Spouse to criticisms of Admiral Schley's
counsel and then a presentation of the
subject in hand on an independent basis.
He requested to be corrected if he should
make any errors of fact.
Taking up the case with the testimony
concerning the interview between Admiral
Sampson and Commodore Schley off Key
West before the cruise to Cienfuegos he
said:
Senior counsel has Indicated to- the
court certain considerations which
should be taken into account in giving
relative weights to the testimony Of
Capt Chadwick and the applicant rela
tive to the subject matter of the CONVEX
sation between Admiral Sampson and
Commodore Schley at Key West May Is.
In connection with this the slatters state
ment about this matter made at other
times should be regarded, and particular
ly his statement to the senate committee
on naval affairs and the consideration
that at this time neither Admiral Samp-
son nor Commodore Schley nor Capt.
Chadwick had any notion the Spanish
ships would go to Santiago.
81 ask the court to apply to the appli-
cant as witness the well known rule,
referred to with so much favor by senior
counsel, that where two witnesses tes-
tify with regard to the same matter, and
one of them remembers and the other
merely does not remember the circun-
stances of the matter-or let us say the
conversation-the evidence of him who
remembers must be accepted If this be
done, then there is little Jeff of the evil
dence given before this court by the ap-
plicant particularly upon his cross-ex-
animation.
Speaking of the assertion that while off
CienfuegoS Capt. McCafia had made no
effort to communicate with the Cuban. in
surgents, Capt. Lemly said: Both coun-
sci cite McCalla's conduct in this instance
as a criterion for Commodore Schley'S
making no effort to communicate with
the insurgents. But when Commander
McCalla was there it was simply to
z blockade; when Commodore Schley was
there there was the additional question
as to the whereabouts of the Spaniards.
s-As to the question of disturbance Of
orders said Capt. Lemly, counsel has
properly stated that a report that orders
would be disobeyed does not constitute
disobedience. Commodore Schley's con-
duct is being scrutinized in the light of
the facts, and not alone in the light of
statements which he made concerning mis-
intentions. Counse1 has cited the diSobe-
dience of Nelson; but at Copenhagen
Nelson disobeyed orders and went for the
enemy The applicants disobedience If
mr. w ha chO n 10
bringing himself into the presence of the
enemy
The details of the retrograde movement
were rehearsed, as were those concern
ing the delivery of dispatches by the
Harvard. Capt Lemly commended that
the dispatch conveying positive informa-
ton of the presence of the SpaniardS
must have been delivered to Commodore
Schley, notwithstanding his denial, be-
cause he considered it inconceivable, hav-
ing it, that Capt. Cotton should not
have communicated it's contents to the
commodore
Here Capt Lemly quoted in full Com
modore Sehley's Cannot obey orders
dispatch to the department on May ",
and commented upon it, saying: "Wheth-
er the departments instructions definitely
directed, in positive terms, that the
squadron remain off Santiago, or whether
its desire that this should be done was
simply indicated, appears to me, under all
the circumstances, to be immaterial. Dis
obedience of orders may be an impera-
5 tive and glorious duty; but if it be not
justified by the facts it cannot be con-
doned by terming it an error of Judgment
This was not an error of judgment-it
was an error of conduct
Firing at the Colon.
Bringing the squadron back to Santiago
the judge advocate said that nothing was
done towards attacking the enemy until
the 31st of May, when the reconnaissance
Or 5ombardment was made, the total time
of all firing then being seven minutes
and thirty-five seconds 1.-THE Colon was
not destroyed or disabled; and, with tho
possible exception of one shot, all fell
short. Only three vessels of the force
available. the Massachusetts, the Iowa
and the New Orleans were employed in
this affair, the others being engaged in
. coa1ing. 1t has been claimed that the OBJ
ject of this affair of May 81 was to de-
velop the enemy's batteries and that this
was accomplished. Regarding it as a
reconnaissance, could the strength of the
enemy's fire and the calibre of his guns
have been successfully developed by such
distant firing? The weight of the evil
dence is that even as a reconnaissance
the affair was futile.
Insists "Loop'' Was Bad.
Coming to the battle of July 3, Capt.
Lemly said:
ct have never doubted, and the evil
dence adduced confirms my view in this
respect, that the Brooklyn as a ship,
did conspicuous duty in this battle. On
the other hand, submit that the evil
dence shows that it was a captains fight,
and without disparagement of Commo-
dore Schley's conduct on that occasion,
that there was no such concerted action
of the vessels engaged as to indicate
their control by any one person All
evidently strove to do their utmost, and
thus was accomplished one of the grand
est naval victories ever won. OF course.
the vessels stood in towards the harbor
entrance when it was discovered that the
eremy's vessels were making sortie.
Such was not only their prescribed duty,
but their natural and proper course in
such circumstances. In like manner,
when the Spanish feet stood to the west
ward it was the duty of our vessels to
follow, whether or not the signal fol
low flag was made.
Discussing the Brooklyn's loop, Capt.
Lemly expressed the opinion, based upon
evidence, that in turning to starboard
when all the other American vessels
turned to port, the Brooklyn endangered
not only the Texas, but other vessels as
we'll.
Whatever the distance, the Brooklyn
ran in this turn. he contended that she
did turn from instead of towards the
enemy.
After discussing briefly the Hodgson in
cident and Admiral Schley's alleged re-
mark, Damn the Texas" which he said
he did not consider a very grave matter,
Capt. Lemly closed his speech and the
entire argument of the case with the
quotation given at the beginning.