Arizona republican., 1901-11-08
FINAL ADJOURNMENT
Judge Advocate Lemley's Closing Speech Partly in Support of the Contention of the Department and Partly in Apology to Admiral Schley, who Whatever He Was. Was Not a Coward.

Washington, Nov. 7.-After sitting in session over forty days with a record which, when completed, will cover 1000 pages, the Schley court of inquiry, at 3:55 this afternoon was finally ad- journed. To Captain s. c. Lemly. the judge advocate, had been assigned the duty of making the closing argument in the case. and soon after he had finished his speech Admiral Dewey. bringing his gavel down flat on the table, said: There being no further business. the court is adjourned As. was the case yesterday when Rayner spoke, the attendance was large. There was only one session today.
 It began at o'clock, and the en- tire time was taken up by Judge Ad- vocate Lemley's address. He read his speech in clear. distinct tone, and was given careful attention. The speech. in the main, was an analysis of the testimony. but occasionally q conclusion was drawn, and frequently there were criticisms Or the course pursued by Admiral Schley.
 Speaking of Schley's conduct, Lem ley said: From my knowledge of the man. having served under his command on two cruises, never believed. nor do I claim from the evidence that his personal conductor to call a spade spade cowardice-was exhibited by Schley in any part of his career as commander-in-chie of the flying squadron. but l submit with regret that in the passage from Key West to Glen fuegos, while at the latter port. while enroute to the southward and toward Santiago, without settled destina- tion. in the retrograde movement, and in the vicinity of Santiago. and in the affair of May 31st. the admiral eN hibit..1 an unsteadiness in purpose and in push and failure to obey orders" This statement was made toward the close of Captain Lemley's remarks.
 Captain Lemley said: With the con ciusion of the very brief address with which I shall close the argument in this inquiry my official connection with it and the whole matter is placed in capable hands. I may add that while my duties here have been ardu- ous and necessarily somewhat painful. I am proud to have been associated with the distinguished court which is to pass upon the most important ques- tion ever considered by naval court, a question. as I defined it in the early course of the proceedings, between an applicant and the morale of the service.
 Tn entering upon my services as judge advocate of the court I had in mind the advice given me by the sec retary of the department. In q perfectly impartial court, as this is constituted, the judge advocate and any counsel assisting him are 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.
 q have endeavored to follow this ad- vice without fear or favor. If l have appeared to fail in maintaining that impartial attitude which l feel l have always felt towards the applicant 1t Is because aggression, however natural on the part of an earnest counsel, be- gets aggression. and for the further reason that in many instances through out the investigation differences ot opinion have compelled me to be ear nestly contentious in order to adduce what I believed to be material facts. l deem it not inappropriate that I should remark that the navy depart ment has maintained an entirely neu- tral attitude: that as the record dem onstrates there has been no alteration Of the department records; that the officers on duty, even in the mucn abused bureau of navigation, have freely testified in behalf of the appli- cant. and I am confident that the evil
 
 justified the views of the department as set forth in it's reply of February 6. 1899, to the senate committee on naval affairs, wherein it says of Commodore Schley, referring particularly to the battle of July 2. where so much was achieved in this eliminating battle, where his ship was such q conspicuous force in the fight. that his conduct while in an independent command prior to June 1. the record of which has been given above and which, by reason of his unsteadiness of purpose, in push, and in his failure to obey orders. did not meet the approval of the presi- dent. yet it was not permitted to stand in the way of his promotion for the part he took in the final triumph.
 After the adjournment the members of the court. Admiral Schley and his counsel fingered for time about the hall in which they recently have spent so much of their time, and there were many affectionate words of farewell spoken. Admiral Schley, as usual was called upon to receive the greetings of a number of admirers, and a hundred or more people waited at the door q of the hall to bid him adieu.
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