The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-11
The SCHLEY INVESTIGATION.
SOLICITOR HANNA TO ASSIST
JtDGE ADI OCiTE LENLI.
Atierney-t: enersi knex Tells the Nav DE-
partn,cnt Tie Has Nh Authority to
Assign an once of Ills Drpartmeot te
That Hut, and u opposed to Doing Ne.

WASHINGTON. S-pt lO-Acting SECRETARY
Of the Navy Hackctt r-cvivsd "a lett"r from
Attorneys General knox this afternoon. in
which N. said. responding 'o a suggestion
Of Mr. Ilackctt's that an ofic~r Of the he
partnent uf Ju-tlc. h. assigned 10 assist
judge Advocate General lsmly In the cun-
due; OF the Schley inquiry. that he could
find no authority fer permitting a civil Regal
officer of the Government. not connected
with the Navy Department. To participate
In a purely naval la ve-iigaiion. Tn sug-
70 stion wa first made 10y Mr.. Hackett
about a fortnight ago and brought from
the Attorney-( General "A statement similar
to that made to-day. The Attorney
General recognized the right of All ofiic'r
Of his Department TO participate In a court
martial Ca-s where IA. Government was In
the position Of IA prosecutor. but in the
Schley inquiry there are no direct charges.
and the court h merely 10 ascertain fact IL
and report it, opinion and findings. IL
has no right 10 prescribe any punishment.
Iis functions correspond to thosc Of a Grand
Jury.
When Mr. Knox was in Buffalo he received
another communicates from Mr.. Hackett
on the subject citing p~rec'dents for the
APPEARANCE Of CivIi legal officers Of the
Government IN military inquiries. The
Acknowledgement talked over the matter
Informally at Buffalo with two mombers Of
the Cabinet. lie expressed himself as
satisfied that the Department OF Justice
had no authority to detail one Of It's officers
and said he was OPPOSED Ia doing ~ al-o
Oh the ground Of policy. ia his opinion
the matter wa one solely for the Navy
Department. the COur being convened Tor
the nnFfa.Ass slulnlN az maxine af tga.sfrx
and the Navy Department wHs not Ia a
position 90 call for outside asSistance.
The suggestion that au offic"r % the
Department u Justice be detailed in the
oass grew ont - the desire 10 havaa skilful
cro-s-examiner familiar with court work
undertake the oral examination of witnesses
prOduosl by Admiral Schlev The function
OF the Judge Advocate - 10 Law the facts
before the court and these will b. embraced
largely IN official records Judge Wilson
of Admiral Schley'- counsel l. regarded
~ ono of the hs-t examiners of Witnesses
In IA" country and a. u l. obvious that
Admiral Schl"y will depsnd largely on oral
testimony To- slppp li- case the assign
mcnt Of an assistant to the Judge Adv ocato
% devote himself principally 10 the crus--
examination Of the Schley witnesses and
20 relieve him Ia some extent ~ the great
amount Of work falling on hi, shoulders
has bean desmed necessary.
Admiral Sohley will b. represented by
three attorneys Mes-rs. Wilson. Rayner
ana Parker. two Of whom the first and
the last uam,d have practi~el hafor.
naval courts. Judge Advocate General
Lemly will he assisted a. having the facts
before the court 10y MIR r.. l. Hanna, tho
solicitor Of the Judge Advocate Generals
Office Mr. Hanna's duties Il il Understood
will la principally To- arrange the docu.
mentsry evidence Admiral Schlev's
counsel have d~sterminei to challenge |
the eligi hility of Rear Admiral HowisHn |
Tor membvsbip on the Court on the day !
the inquiry b.glns. They have completed
the preparation OF the argunh-ri to SHOW
that he J. not eligible To-day was spent
by Admiral Schlev's attorneys IN examining
officer- who were In the engine room 81
the Brooklyn In the santiago engagement. |