Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-20
ADMIRAL HOWISON
He May Not Sit on the Sohley Court
of Inquiry.
ASKED as TO an old INTERVIEW
If It is Authentic He Would Be
Disqualified.
ADMIRAL SCHLEY'S LETTER

Admiral Schley and his attorneys today
instituted action at the Navy Department
aimed to ascertain the qualifications of
Rear Admiral Howison as a member of
the Schley court of inquiry. Admiral Schley
filed letter with Mr.. Hackett, the acting
secretary Of the navy, inclosing clipping
from a Boston newspaper which purports
to give an interview with Admiral Howl
son rejecting upon Admiral Schley. When
seen today in relation to the subject Mr..
Hackett announced that such letter had
been received, but declined absolutely to
divulge any of it's contents or to discuss
it in any phase whatever.
1t was learned, however, that the COM
munication aims to elicit from Admiral
Howison either a confirmation or a denial
as to the authenticity of the alleged inter-
view. The letter will probably be forward
ed to Admiral Howison by the department
with a request that that officer reply as to
whether it is correct or not.
A few days ago, however. when the at
Hinges on HOwisOn's Reply.
tention of the department was directed to
this interview, it was stated in unof-
fetal way that Admiral Howison had de-
MED it's authenticity. In view of this fact,
therefore, it seems probable that when Ad-
miral Howison replies formally to the COM
munication to be sent to him he will record
an official denial of the statements accred-
tied to him.
The object of Admiral Schley and his at
torneys in learning absolutely whether the
interview is authentic or not Is to secure
Admiral HOwiSon'S relief a member of
the court of inquiry in case it is proven
that the interview is correct Under the
provisions of the regulations of the navy
Admiral Howison's qualifications as a
member of the board In the event that ne
has been correctly quoted may be question
ed and his relief from service on the court
effected. The provision Of the naval regu-
lations having applicability to the case Is
contained in section 2, paragraph Z, chap
of inquiry may be challenged for cause by
either party.
May he Challenged.
There can be no doubt that the interview
with Admiral Howison, If authentic, offers
ample provocation for such a challenge.
The practice in the past In such instances
has been for attorneys for accused officers
to make challenges. In the event that Ad-
miral Howison acknowledges the correct
ness of the statement attributed to him
Admiral Scheys attorneys may demand
that Admiral HOwison be summarily re-
moved by the Secretary OF the Navy from
service on the court. II such a request Is
made, however, 1t is more than probable
that the whole matter will be referred to
the court itself for disposal. The history
Of such affairs In the past leads to that
conclusion.
A court Of inquiry, according to naval
regulations Is the judge Of the Qualifca-
tions Of it's own members. In all proba-
bility, therefore, it will devolve upon this
court, If it Is called upon to determine the
matter, to decide as to whether admiral
Howison is qualified to serve or not. In
case the court concludes to consider the
subject 1t will devolve upon Admirals
Dewey and Benham to decide whether Ad-
miral Howison shall serve as their col
league on the court, Captain Lemly, the
Judge advocate, not being member of the
court and therefore having no authority to
participate In the consideration of such
subject. Admiral Howison, IN case the az
fair reaches such a stage Of development,
will be asked in open court whether the
statement attributed to him is correct or
not. He may answer either in the negative
or the affirmative. In such event DISPOSE
ton Of the case would be a simple and easy
matter. II. however. Admiral Howison's
answer should not be so categorical the
opinion of the two members of the court
deciding the matter might be divided thus
causing a tie. Such situation is unprece-
dented in naval history and is not likely
to occur, but II by any possibility 1T does
the Navy Department will be called upon
by the two members of the court for fur
ther instructions.
Admiral Howison. however, in the event
that the interview is acknowledged to be
correct, may simplify matters by asking to
be relieved from duty on the court.
Capt. Parker's Visit.
Captain Parker Of counsel for Admiral
schley called upon Mr.. Hackett this morn
ing and held a conference with the acting
secretary Of about fifteen minutes dura-
ton When he emerged from the Secre-
tary's office seemed to be somewhat ex-
ercised but upon being questioned declined
to divulge the nature of the consultation.
A formal request for list of witnesses
to be summoned by Captain Lemly before
the court was made by Admiral Schley's
soon as practicable. Captain Lemly will
return to the city from Canada next Mon
day. when he will compile the list asked
for and forward 1t to the admiral and his
attorneys.
Lieut.. Wells to Assist Schley.
Lieutenant Wells, who was flag secre-
tary for Admiral Schley during the West
Indian campaign, has been detached from
the Kearsarge and ordered to Washington
to assist Admiral Schley in the preparation
of his case. This action was taken at the
request of the admiral. who said he de-
sired the assistance of Lieutenant Wells
because of his familiarity with all the cor
respondence during the time he (Schley)
was in command Of the flying squadron"
While the request of the counsel of Ad-
miral Schley for list of witnesses will be
submitted to Judge Advocate General Lem
ly, as a matter Of form, 1t has already been
determined at the department that the re-
quest will be complied with. and the list
o-I