The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-07-26
THE MEMBERS OF
COURT ARE NAMED
They Are Admirals Dewey,
Kimberley and Benham.
KIMBERLEYS HEALTH BAD
Will Ask to be Relieved From Serv-
ing on the Case.
KIMBERLEYS HEALTH BAD
The COURT OPENS SEPTEMBER TWELFTH
Il is Thought That Captain Samuel Lemly My
Serve as Judge Advocate. The Precept
of the Court win Probably
be Issued Today.
(By Associated Press.l

Washington, July 25.-The court of
inquiry, which is to investigate the
controversial points in correction with
Admiral Schley's conduct during the
Spanish war, will be composed of Ad-
miral Dewey, president of the court,
and Rear Admiral Lewis A. Kimberly
and Admiral Andrew E. K Benham
The court will meet at the Navy De-
partment in Washington September u.
Secretary Long announced these facts
today.
The judge advocate of the court has
not yet been selected and the precept
to the court which is being prepared
by Captain Lemly, judge advocate gen.
eral, has not yet been completed. The
scope of the inquiry will not be known
until the precept and order for the
convening of the court are issued. 1t
is expected that they will be promul-
gated by the department tomorrow.
Secretary Long says however, that the
proceedings of the court vii be open
and that the widest latitude will be
permitted in the matter, and that Rear
Admiral Schley will be allowed to be
represented by aunseI
All day Secretary Long was en-
crossed in the consideration of the de-
tails of the court, seeking particularly
for a suitable judge advocate realizing
that this officer would devolve the Iarg-
est measure of responsibility for the
conduct of the inquiry to a successful
ISSUE
Late this afternoon he believed that
he had found such an officer in the
person of Captain Samuel C. Lemly,
the judge advocate general of the
navy, selection calculated, because of
the rank of the officer, to constitute a
full reconition of the dignity and i'm
portance OF the forthcoming court of
inquiry While it can not be said that
the matter is absolutely settled. Sec
reta1'y Long went so far as to ask
Captain Lemly if he felt free to ac-
cept the assignment if it were offered
to him, ard it is believed that Captain
Lemly will decide to answer affirma-
lively
In all the time he has been at the
head of the legal department of the
navy his service dating back to 1892,
he never has had occasion to pass upon
any question that involved either
Sampson or Schley in any personal as
pect He has known both-Schley bet
ter than Sampson, perhaps. He was
one of Schley's personal friends when
he Gemly) was in active line service.
He accompanied Schley on the famous
Greedy relief expedition and he rendered
valuable service to him on that occa-
sion. which service the senior officer
recognized. On the other hand Captain
Lemly has known Sampson officially
in the Navy Department when the Ad-
miral was at the head of the ordnance
bureau. and they were thus thrown into
close contact in a business point OF
view for several years.
Under the ordinary rules of practice
the Judge Advocate General of the Navy
is called on to review the proceedings
of courts martial and courts of inquiry
Secretary Long has promised Captain
Lemly that if he acts as Judge Advocate
of the Schley court he will be eXampted
from the duty of reviewing the proceed
ings. Captain Lemly was judge advocate
of the Joannette court of inquiry.
Rear Admiral Schley was not notified
today by the Department OF the officers
who will decide his case. but the precept
will be sent to him, and it will con-
stitute his official notification. Secretary
Long did not formally notify the officers
who had been chosen to constitute the
court of their selection, ard he was dis
appointed to learn from the Associated
Press dispatch that Rear Admiral Kim
berly would ask to be relieved from the
detail on account of iii health. Should
he do so the Secretary will select one
of the other retired rear admirals to
take his place. Rear Admirals Luce,
Ramsay Jouette, Gherardi and Walker
are some of the names that have been
advanced for consideration.