Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-13

by dramatic spirit. The distinsu's"e"
figures in the trial. including the mem.
bcrs of the court-Admiral Dewey ai'u
Rear Admirals Benham and Ho"'son
and Admiral Schley. about who"' '"e
procedure centcred, came to the cur
in civilian attire, and with httic out-
ward demonstration.
But when the court convened III
o'clock all Of the chief participants
were in the SNOWY uniform OF hish
rank. presenting picture OF strikihs
brillancy.
Captain Lemly, judge advocate gen
eral. was the first official arrival ne
came in with his assistant, MI II. !
| Hanna, few minutes after ii CLOCK
and they were soon busily engaged III
unpacking two or three large boxes OF
books which it is expected VIII be call
ed into frequent reference during the
sitting.
Admirals Dewey. Benham ana Howl
son arrived at 1890 O'Clock. They We're
in civilian dress No salute was nrcu
as they entered the gate.
Admiral Schley and his counsel en-
tered the court room at 12.45. At !
o'clock the formal session Of the court
of inquiry was begun.
Twenty minutes before the court con-
vcned IA large automobile whirled up
to the building with Admiral Schley.
| the central figure of the proceedings.
| accompanied by his counsel. ana the
witnesses who We're 10 be offered IN
| connection with the challenge or Al
miral Howison as to his eligibility 10
| serve as n member of the court.
| AS the automobile circled around and
| the counsel began to alght. one OF
| them checrily called out TO representa-
| tive Wachter of Baltimore, who hap
pened to be near: Did you see US
make that loop"
| Admiral Schley was the last to alight
He was cordially greeted by Rear Adj
| miral Terry, commandment Of the yard
| and in return Admiral SChley Clasped
both shoulders OF the commandment and
| gave him a hearty return to his wei
| come.
| When the court was called to order
| all the members were present. Admiral
| Dewey Occupied a position at the center
| of the court table and was thanked on
either side by Rear Admirals Benham
| and Howison. the associate members
| of the court Admiral SChley and his
| counsel had arrived only few minutes
| before this time. and they occupied
| seats within the railing. At a table set
apart for them. All the naval officials
| including the members of the court and
| Admiral Schley We're in official undress
| uniform An admiraIs salute ~ II
| guns was fired as the court convened.
| Admiral Dewey simply said In CON
1
| Immediately after the members Tetir-
ed at the instance of Judge Advocate
| Lemly to decide whether the court
should sit with opened or closed doors.
Admiral Dewey announcing that this
order would be followed instead ~
| clearing the court room.
| The court was absent about - min
| utes and when il returned the proceed
| ings began in view of the public with
matter brought to the attention Of the
court was Admiral Schley's letter re-
questing the court Of inquiry. This
was read by Captain Lemly.
AT this point Judge Advocate Lcmly In
troduccd the official reporter OF tho
courts rroCe edings. Mr. Hllsc. and HI.
own assistant counsel. Mr.. Hanna .hd-
miral SChlcy also introduced his counsel.
Judge J. NJ. Wilson. Hon. lsador Rayuor
ana Captain James Parker
At 100 +. NJ. Admiral Schlcy arose ana
said that with extreme regret he was
obliged to challenge Admiral Howisou as
| Il member Of the court The following is
the fun text Of Admiral Schlcy's chal-
lcnge of Admiral Iiowison as a member
Of the court
Read Admiral w. s Schlcy. in the cx-
crcisc of his legal right Of challenge. oh
iccts to Rear Admiral Henry l.. IiowsoL
upon the grounds
THAT Rear Admiral Henry l.. Howl
son has already formed and expressed
an opinion on the merits OF the case about
to he investigated and that he is there
fore ineligible for service as 4 member
OF this court,
THAT Rear Admiral Henry l.. Howl
son has already formed and expressed
an opinion on the merits Of the cas-.
about to be investigated adversely tn sai5
Rear Admiral NJ 5. Schlcy thereby in
dicating bias ana prejudice which rem
dcrs him. said Rear ADMIRAL Henry l..
Howison. ineligible for service a mem
Der OF this rourt.
THAT Rear Admiral Henry l. Howl
|
matter about to hc investigated. express
ed an unfaVorablc opinion on the person
al and professional characteristics Of said
Rear ADMIRAL Schlcy. thereby indicating
"A bias and prejudice which renders him.
said Rear Admiral Howison, ineligible
for service as member of this court
THAT Rear Admiral Henry l.. Howl
son. in connection with the opinion form
ed and expressed by him upon the merits
of the case about to be investigated, has
instituted and announced a comparison
between the acts and personal and profess
sional characteristics Of the principal par
ties to the present issue. viz: Rear Admir-
ais Sampson and Schey-to the disadvan-
taGe and disparagement OF the latter.
thereby indicating a bias and prejudice
which renders him. Rear Admiral Henry
l.. Howison. ineligible for service as a
member OF this court
A hurried consultation among the
members of the court followed. Ad-
miral Dewey first turned to Admiral
Benham. then stepped around the table
and engaged Capt. Lemly in CONVERSE
ton. He afterward spoke to Rear Ad-
| mir