Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-11-08
ARGUMENTS ARE ENDED
..r,. s'$ssA...- = -: - - :
Judge Advocate Lemly Concludes the
I. Addresses in the schley Court
L 4 : =:
Claims the Commodore Showed, Not
&: cowardice, But Lack Of steadi-
h. - "'sNs . :.
= ness of Purpose.
Points Made by Him as Showing the
Reasons. Why Sch'ey Should
be Censured.

Washington, Nov 8.-Judge Advo.
cate Samuel G. Lemly made the clos
ing argument in the Schley court OF
inquiry. There was no forenoon ses-
sion of the court and the judge advo.
cate did not have an opportunity to
begin his address until 2 o'clock. He
read from manuscript. The first half
Of the address was devoted to consid-
GRAFTON of points made by Mr.. Rayner
and Captain Parker in Admiral
Schley's behalf and the latter half was
a general review from the government
point Of view of the evidence. Refer
ring to the testimony of Admiral
Schley and Captain Chadwick concern
ing the formers conversation with Ad
miral Sampson at Key West Captaip
Lemly said:
1 = ask the court to apply to the ap-
plicant as a. witness the we'll known
rule, referred to with so much fervor
by senior counsel, that where two wit
nesses testify with regard to the same
matter and one Of them remembers
and the other merely does not remem-
ber the circumstances of the matter
or let us say the conversation, the evil
dence Of him who remembers must be
accepted. If this be done, then there
is little left of the evidence given be-
fore this court by the applicant, par
ticularly upon his cross.examination..'
Both of the counsel appear, he said,
to ignore the very important parts Of
the McCalla memorandum.
The latter part clearly, showed" he
said, Commander McCalla's commu-
nication with the insurgents and their
intimate acquaintance with matters in
the city, =. = - '>.'-'r''' >~
T Captain .Lenly contended that the
McCalla memorandum was delivered
t. Commodore Schley May %, and
charged the commodore with failure
to attempt direct communication with
the insurgents after it's receipt. =,
Speaking Of the charge of disobed-
ience Of orders, Captain Lemly said:
"The applicants disobedience, if
proved, will be shown to be in delay
ing in bringing himself into the pres
ence Of the enemy" =
Continuing, the judge advocate said:
Tried to Act lmpartially.4
with the conclusion of the very
brief address. with which shall end
the argument iii this inquiry my con.
nection with it ceases and the matter
IS left in your capable hands. I may
add that, while my duties here have
been arduous and necessarily some.
what painful, am proud to have. been
associated with this distinguished
court, which is to pass upon one of the
most important questions ever consid-
cred by naval court-a question, as
defined it in the early course Of the
oceedings-between the applicant
and the morale of the service. In
entering upon my duties as judge ad-
vocate of the court had in mind ad-
vice given ME by the secretary of the
navy, soon after my appointment, as
follows: s#
Admiral Schley asks for a court
of inquiry. A perfectly impartial
court is constituted. The Judge ad.
| vocate 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 de-
claring the truth .:.tc.s~
81 have endeavored to follow this
advice without fear or favor. If l
have appeared to fail in maintaining
that impartial attitude, which feel
and always have felt towards the ap'
plicant, it is because aggression, how.
ever natural on the part of the earnest
counsel ibegets aggression and for the
further reason that in many instances
throughout the investigation honest
difference OF opinion has compelled
me to be honestly contentious In order
to adduce what believed to be ma
teriaI facts. n deem it not inapprO-
pirate that should here remark that
the navy department in this matter
has maintained an entirely neutral at
titude; that 4 have not been interfered
with In my conduct Of the case" :, 4
Considering the Evidence.
Captain Lemly said that the volum.
fnous evidence had been SO fully
treated in all its bearings that 1t was
not his purpose to enter upon a de-
tailed discussion Of it. Beginning
with the passage of the flying squad.
ron from Key West to Cienfuegos in
search OF the Spanish fleet under Ad.
miral Cervera, he said that the speed
between Key West and Cienfuegos
was but 10 knots, but under the then
existing condi itions of wind and wealth
er, greater speed might have been
maintained. ls6$ \: n z:45
Reference was made to the inter.
view with Captain Chester OF the Gin
cinnati on this trip and CAPTAIN Lemly
said: II IL sFH
Already, as appeared from their
conversation, Commod odOre Schiey.
though reassured BY Captain Chester
was troubled In his own mind over the
coal conditions and the problem os