The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-07
Court of Inquiry Declines to
Grant His Request
To Have Part of Parker's Re-
marks Stricken Out.
is WRITTEN BY DEWEY
The Admiral Himself Became
Spokesman For the Court.
Judge Advocate Lemly Argues
For the Government.

Washington, Nov. THE Schley court
of inquiry has declined to grant the re-
quest made yesterday by Attorney
Theall, acting for Admiral Sampson
that the remarks of Capt. Parker, con-
cerning the fact that the Spanish steam
er Colon lay in the harbor at Santiago
for some hours, after the arrival there of
Admiral Sampson, be stricken from the
record. Admiral Dewey writing for the
court, says that this action has been
taken after careful consideration.
Judge Advocate Samuel c. Lemly to-
day made the concluding argument in
the Schley court of inquiry. There was
forenoon session of the court and
the judge advocate did not have an op-
portunity to begin his address until
o'clock. He read from manuscript, but
spoke in clear and distinct tones.
The first half of the address was de-
voted to consideration of points made
by Mr.. Rayner and Capt. Parker in
Admiral Schley's behalf and the latter
half was general review from the gov
ernment point of view of the evidence.
Referring to the testimony of Admiral
Schley and Capt. Chadwick concerning
the formers conversation with Admiral
Sampson at Key West, Capt. Lemly
said:
Il ask the court to apply to the appli-
cant a witness the we'll known rule
referred to with so much fervOr by SEN
ior counsel, that where two witnesses
testify with regard to the same matter
and one of them remembers and the 9TH
er merely does not remember the Cir
cumstances 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 left of
the evidence given before this court by
the appican particularly upon his cross
examination
Commodore Sch1ey has testified"
said Capt. Lemly further along in his
address, that he consulted Commodore
at 1@-r-1
May Is and at that time the latter had
information as to the movements of the
Spaniards.
so had Admiral Sampson on the 18th.
And for what, if not to meet the en-
emy'S fleet, was Commodore Schley
sent to Cienfuegos? Not because he
expected to find them already in there,
as order No. and Admiral Schley's
simply expected that the spaniards
would endeavor to reach Cienfuegos,
and not that they were there
Referring to Mr.. Rayner's statement
that when the report of the Spaniards
being at Santiago was confirmed moth
ing was done to inform Commodore
Schley of this until the Hawk was sent
on the afternoon of May 81, Captain
Lemly said the Marblehead was sent
at a. m. of May 21 with the dispatch
No. 8. ''It is true he added, that this
copy did not reach Commodore Schley
until the 24th- When Hood, the
Hawk was sent on the afternoon of
the 21st, he carried as a separate COM
munication, the memorandum order on
page 466 of the appendix; and this con-
firms Mr.. Hoods testimony that at that
time Admiral Sampson regarded it as
a practical certainty that the Spanish
squadron was at Santiago.
Both of counsel appear" he said, ''to
ignore the very important parts of the
McCalla memorandum. The latter part
clearly showed he said, Commander
McCalla's communication with the in
TOD
ance with matters in the city"
CAPTAIN LEMLY'S ADDRESS.
Captain Lemly said:
with the conclusion of the very
brief address with which 1 shall close
the argument in this inquiry my prin-
cipal connection with it ceases and the
matter is left in your capable hands. l
may add, that while my duties here
have been arduous and necessarily
somewhat painful, I am proud to have
been associated with this distinguished
court, which is to pass upon the most
important questions ever considered by
a. naval cOurt,-a question as l defined
it in the early course of the proceed
ings, between the applicant and the
morale of the service. In entering upon
my duties as judge advocate of the
court,I had in mind advice given me by
the secretary of the navy soon after
my appointment:
Admiral Schley asks for court of
inquiry. A perfectly impartial court is
constituted. The judge advocate and
any counsel assisting him ara not (and
their duty in this respect is plain) in
court to prosecute anybody or to find
anybody guilty, but to bring out the
facts and aid the court in declaring the
truth
81 have endeavored to follow this adj
vice without fear or favor. If I have
appeared to fail in maintaining that
impartial attitude which feel and have
always felt towards the applicant, it is
because aggression, however natural On
the part of earnest counsel begets ag-
gresSion and for the further reason that
in many instances throughout the in
vestigation honest difference of opinion
has compelled me to be earnestly con-
tentiOus, in order to address what
believed to be material facts. I deem
it not inappropriate that should here
remark that the navy department in
this matter has maintained an entire
ly neutral attitude; that I have not
been interfered with by it in my con-
duct of the case; that as the record
demonstrates, there has been no alter
alton of the departments records; that
officers on duty even in the much abus-
ed bureau of navigation have freely
testified in behalf of the applicant; I
am confident that the evidence adduced
fully justified the views of the depart
ment set forth in its reply of February
6, 1S9a to the senate committee on ma
val affairs, wherein it is said of Com
modore Schley, referring particularly TO
the naval battle of July g. 1898:
Where so much was achieved in
this eliminating battle and where his
ship was such a conspicuous force N
the fight, his conduct, while in indie
pendent command prior to June 1, the