The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-08
{ INDIVIDUAL OPINION and
Personal Point of View.
By FRED L. MERRITT. <sMMnn-~
~

Will convene IN washington mis- court
is composed of the ranking officer of the
United States Navy, Admiral Dewey, and
two rear admiraIs on the retired list
Howison and Benham-with the Judge
Advocate General of the Navy, Capt.
Lemly, as judge advocate
Hence it is a tribunal that must COM
mand respect and one whose verdict will
be beyond question; and therein must be
matter for congratulation. 1t means an
end to a bitter controversy that has ragged
for many years; that has grown in vio-
lence with age, splitting the navy into
factions, estranging friends and eXasper
ating enemies.
The cause to be tried by this court is
one of the most celebrated in the military
history of this coun-
COMPOSITION try. Certainly no
OF cause has ever before
THE COURT brought together as
many of our naval
officers of high rank.
The court, as above stated, is COM
posed of the officer holding the highest
rank in the navy, and of two ear-admir-
ais on the retired list; the judge advo-
cate has for ten years been chief legal
officer Of the Navy Department.
1t is possible that some other officer
may be substituted for Admiral Howison
but if so, he will be an officer OF equal
rank. Howison, it seems gave out an
interview upon the merits of this ques
ton, and against Schley. For this reason
objection has been made to his sitting
as q member of the court, and the ques-
tion will be passed upon by the Secretary
of the Navy when the court convenes
Judge Advocate Lemly, it is interesting
to note here, is a North Carolinian. He
entered the Navy from this State in 1862
and saw active service in the North
Atlantic, South Atlantic and European
squadrons, besides doing special duty on
the Greedy relief expedition as a lieuten-
ant under Schley. That Captain Lemly
is peculiarly well fitted for the high posi-
tion he occupies is evidenced from the
fact of his being now in his third term
as judge advocate general. He has a
sustained reputation as a civil as well
as a maritime lawyer and is an acknowl-
edged expert from practical experience
as to the duties of seamanship, naval
tactics and gunnery Combining within
IlHlStll the QldtlAicGtlOHS Cl JuuSS do we'll
as lawyer. he win have occasion to draw
upon all his resources in the coming con-
test of legal wits. That he will be able
to acquit himself with dignity and ability
is predicted by his friends, who recall
for instance, the mastery manner in
which ne foiled so great legal lumina-
ry as Joseph H. Choate, now cur embas-
sador to Great Britain, when he was q
,yif in, bn Of
few years ago.
The inquirer in this cause, Rear Admir-
al Schley, is well known to fame. He
served his country dur
THE PARTIES ing the Civil War in the
TO THE capture of the Korean
PROCEEDING. forts in 1871, in the
Greedy relief expedition
of 1881. as chief of the Bureau of Equip
ment of the Navy, in the Gillian imbro-
Clio during Cleveland's second admins
tration, and during the Spanish American
War
Sch!ev's attorneys are: Hon. Isidor
Rayner attorney general of Maryland.
Schley's native State; ex-Judge Jeremiah
NJ. Wilson, of Washington, who ranks
among attorneys as the most effective
cross examiner in the country, and Capt.
James Parker, who rose to the rank of
lieutenant commander in the navy during
the Civil War, but left the service to en-
ter the legal profession.
OF witnesses, there are q host-more
than 100, all told-and the list may be
increased from time to time as the testi-
mony of others is shown to be necessary
to a complete understanding of the case.
Among those already summoned are rear
admirals on the active list and other Off
GERS of the Navy, running down to those
OF warrant rank only. These will include
w. T. sampson, who commanded the
North Atlantic Squadron during the war
with Spain; j. 9. Watson, who was select
ed to command the squadron which was to
ravish the coast of Spain had the war
gone on; Fighting Bob Evans, Henry
c. Taylor, who commanded the Indiana
during the sea fight off Santiago and
A. S. Barker, an officer with a distin-
Guished record. OF captains who will ap-
rear as witnesses there are f. E. Chad
wick who was in command of Admiral
SIMPSONS flagship, the New Ye,., during
the Spanish war; Charles ID. Sgsbee, who
commanded the ll-fated Maine when she
was destroyed in the harbor OF Havana
Charles Il. Clark, who brought the Ore
gon around the Horn from San Francisco
to be in at the fight off Santiago: f. A.
Cook, who. was in command of Admiral
Schley's flagship. the Brooklyn. and Bow
man II. McCaila, who. as commander OF
the Marblehead, captured the Guantana-
mo during the Spanish war.
Among the officers of lower rank who
will give important testimony are Com
mandcr Richard Wainwright who with
the Gloucester destroyed the Spanish tor
pedo boat destroycrs Furor and Pluton
during the battle off Santiago, and who is
now superintendent of the Naval Acad-
s envy at Annapolis; Seaton Schroeder, who
was executive officer of the Texas during
the battle of July 3d. Lieut.. Victor Blue,
who sank the Merrimac 10 keep the
Spanish feet from escaping and who
made the perilous trip inland about San
tlago shortly after the discovery OF the
spanish fleet in that port, and Chief