Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-22

DIVERGENT VIEWS
Navy Departments Declination Of
Admiral Schley's Request.
LATTER'S COUNSEL MAY PROTEST.
interest in the Case Augmented
by New Developments.
SAMPSON TO BE CALLED
SAMPSON TO BE CALLED

tain that Rear Admiral Howison, notwith-
standing the talk concerning his alleged
disqualification, will serve member Of
the Schley court of inquiry.
The matter of determining his qualifica-
ton for such service will, according to the
action of the Navy Department, announced
yesterday by Acting Secretary Hackett, de-
volve upon Admirals Dewey and Benham,
the two other members of the board. It is
highly probable that Admiral Howison's
service will be challenged by counsel for
Admiral Schley when the court convencs,
but Admiral Howison is expected to make
a positive denial of the authenticity of the
alleged interview with him. which was for
warded to the department by Admiral
Schley, with a view to ascertaining it's ac-
curacy, in which event Admirals Dewey
and Benham will decide that he is COM
petent to serve upon the court.
The action of the Navy Department in
declining to submit a copy of the alleged
or confirmation was the subject of a great
deal of discussion at the department today.
Trend of Speculation.
Some speculation was indulged in as to
whether it would be the proper thing for
Admiral Howison, in view of the uncertain
opinion held by counsel for Admiral Schley
as to his qualifications, to ask to be ex-
cused from service on the board. This,
however, Is entirely unlikely.
1t was stated today that on the contrary
Admiral Howison would now feel it his
duty to appear as q member of the board
and state categorically whether the inter
view in question was authentic, leaving a
decision on the subject to the discretion of
his colleagues upon the court which deci-
sion Will cOncIuSiVely determine the SUBJ
ject Of his competency
When Admiral Howison's service on the
court Is challenged by counsel for Admiral
Schley, Admiral nowison will, of course,
have no voice in the matter of determine
ing his own qualifications. Admirals Dewey
and Benham will be the judges Of the
question, naval regulations containing a
provision which says that the court shall
determine the qualifications of is own mem
bers.
Some criticism has been evoked by the
action OF the department in declining to
ask Admiral Howison whether the inter
view submitted to the department was cor
rect. 1t Is held in some quarters that this
proceeding was irregular. 1t is stated at
the department, however, that the action
taken was in entire accordance with the
practices of the navy. The statement was
made in fact, that the request Of Admiral
Schley's counsel was entirely unprecedent-
ed In the history Ct the department In
past cases of courts Of inquiry appointees
Tor service have frequently been chal-
lenged, but In each instance the challenge
has been made after the assembling of
the court, and not prior to the time of it's
meeting. No such request as that of Ad-
miral Schley has eyer been made upon the
department before and in establishing q
precedent by referring the whole matter to
the court for settlement, the department
feels that it is following the sense of the
rules of naval procedure.
To the public mind, Of course the pres
ent case Is vastly of more Importance than
anything of similar nature which has oc-
CURED since the establishment of the Navy
Department. From strictly official view
point, however, the circumstances do not
warrant the adoption of extraordinary
methods OF procedure and therefore the de-
partment feels itself obliged to act In the
same manner in this as it would in any
other and less important case as viewed
by the public.
OF course, the action Of Admiral SchIey
and his counsel In endeavoring to determine
tn: qualifications of Admiral Howison will
not In any sense Of the word inture Ad-
miral schely's prospects before the court
II Admiral Howison denies the authenticity
of the interview and is held qualified to
serve as member Of the court.
Protest May BE Filed.
1t was said by a gentleman who is very
close to Admiral Schley and familiar to
large extent with the case that the Navy
Department placed wrong construction
upon Admiral Schley's letter. This gentle
man said the request was merely an in
quiry and not challenge and was made
simply to ascertain If there were proper
grounds upon which to challenge Admiral
Howison's fitness as a member of the court.
'It was similar he remarked, ''to the
course taken by attorneys in a trial in
court where a jury Is being impaneled. A
talesman is asked, for instance, If he had
read about the case under consideration,
and If so If what he had read had so in
fIenced him that he could not give an un-
biased verdict. Such questioning precedes
a challenge and that is precisely the posi-
tion occupied in relation to Admiral Howl
SON."
There was an impression strongly preva-
lent that the counsel for Admiral Schley
would file a formal protest against the
construction of the department, and the
probability is that such will be done.
How Long VIII Inquiry Last:
The duration of the sitting OF the court
Of inquiry furnishes food for estimates. 1t
is understood the court will convene each
morning at II o'clock and adjourn at pm.
1t Is understood that Captain Parker OF
Admiral Schley's counsel thinks two weeks
will suffice for the hearing. A gentleman
conversant with the scope the investiga-
tion will take gives three months as his
guess.
1t is believed the brief now being pre-
pared by Mr.. Jere NJ Wilson and Attorney
be voluminous 1t will not be surprising
II 1t is &c, 600 words In length.
McDOwel's Statement.
Additional interest has been added to the
case by the statement published in the
Chicago News Of August 10 over the sigma
ture OF Melvin Mcdowell, who was corre-
spondent of the Chicago Record with the
American army that invested Santiago.
According to Mr.. McDowelrs article, he
was told by Major Noble Of General Shat
ters staff that General Shafter was nott-
fed July 2. 1893, by the French consul at
Santiago that Cerveras fleet would leave
Santiago harbor next day. and that General
Shafter had had this information wig
wagged to Admiral Sampson. In view Of
this statement 1t Is believed that both Gen.
eral Shafter and Major Noble will be sum-
moned as witnesses. That Admiral Samp-
son will be called upon to testify is no
longer doubted.
Admiral Schley, Mr.. Wilson. Mr.. Rayner
and Capt Parker met again this morning
in Mr.. Wilson's apartments at the Shore
ham. The conference began at 10:45
o'clock, and was largely devoted to the
preparation of the brief. Each paragraph
in the precept governing the court of In
Quiry is, 1t Is understood. receiving the
most careful scrutiny, and the expectation
Is that objection will be made to several
and particularly to paragraph 5. which