Evening star., 1901-07-26
Secretary Longs Order to the Schley
Court of Inquiry.
CAPT. LEMLY TO Be JUDGE ADVOCATE
Has Had Wide Experience in
Naval Law Cases.
UNUSUALLY WELL EQUIPPED

the SampSon-Schley controversy was is
sued at the Navy Department this after
noon. 1t is as follows:
To Admiral George Dewey, U. S. Navy,
Washington, D. c.:
Upon the request of Rear Admiral VIM
field s. Schley, U. s. navy, made in a let
ter dated July o. 1901. copy herewith, a
court Of inquiry, of which you are hereby
appointed president, Rear Adnirals Lewis
A. Kimberly and Andrew E. X. Benham,
U. S. navy, members, and Captain Samuel
c. Lemly, U. S. navy, judge advocate gen.
eral, judge advocate, is hereby ordered to
convene at the Navy Department, Wash
ington, D. c., at 1 O. clock pm, on Thurs
day, the 18th day of September, 1901 or
as soon thereafter as may. be practicable,
for the purpose of inquiring into the con-
duct of the said schley, commodore in .he
navy, during the recent war with Spain
and in connection with the events thereof
The court will thoroughly inquire INTO
all the circumstances bearing upon the
subject of the investigation hereby ordered,
and to this end besides examining orally
all proper witnesses whose attendance can
be secured, will call upon the departme
for all documentary evidence in relation
thereto on it's files.
Upon the conclusion of the investigation
the court will report it's proceedings and
the testimony taken, with full and de-
tailed statement of all the pertinent facts
which it may deem to be established, to-
gether with it's opinion and recommenda-
tions In the premises.
While the department relies upon the dis
cretion of the court to make it's exan,ina-
ton into this matter full and complete, as
requested by the officer at whose instance
1t is convened, the report should show the
conclusions reached upon certain important
points to which attention Is specifically di-
rected, as follows:
Questions to BE COnsfdered.
/. His conduct In connection with the
events Of the Santiago camptign.
q The circumstances attending the rea-
sons controlling and the propriety of the
movements of the flying squadron off
Cienfuegos in May, 1898.
j 8. The circumstances attending, the rea-
sons controlling and the propriety of the
movements of the said squadron in pro-
ceeding from Cienfuegos to Santiago
4. The circumstances attending the ar
rival of the flying squadron off Santiago.
the reasons for it's retrograde turn west
ward and departure from off Santiago, and
the propriety thereof.
5. The circumstances attending and the
reasons for the disobedience by Commodore
Schley of the orders Of the department con-
tanned in it's dispatch dated May %, 1893,
and the propriety of his conduct in the
premises.
q. The condition of the coal supply of the
flying squadron" on and about May q,
1898; it's coaling facilities; the necessity, If
any, for, or advisab.b.y of, the return of
the squadron to Key West to coal; and the
accuracy and propriety Of the official re-
ports made by Commodore Schley with re-
spect to this matter.
Z. Whether or not every effort incumbent
upon the commanding officer of a fleet un-
der such circumstances was made to cap
ture or destroy the Spanish cruiser Colon
as she lay at anchor in the entrance to
Santiago harbor, May q to 81 inclusive.
and the necessity for, or advisability Of
engaging the batteries at the entrance to
Santiago harbor, and the Spanish vessels
at anchor within the entrance to said
harbor, at the ranges used, and the pro-
priety Of Commodore Schley's conduct in
the premises.
=. The necessity IL any, for and adyisa-
biiity of, withdrawing at night the 'Flying
Squadron" from the entrance to Santiago
harbor to distance at sea, IL such shall
be found to have been the case; the extent
and character OF such withdrawal; and
whether or not a close or adequate block
ade of said harbor, to prevent the escape
OF the enemy's vessels therefrom was es-
tablished, and the propriety of Commodore
Schley's conduct in the premises.
g. The position of the Brooklyn on the
morning of July 3, 1893, at the time of the
oxyff Ne h.
Dor of Santiago. The circumstances at
tending, the reasons for and the incidents
resulting from the turning of the Brooklyn
IN the direction in which she turned at or
Spanish vessels, and the possibility of
thereby colliding with or endangering any
other OF the vessels of the United States
fleet, and the propriety of Commodore
Schley's conduct In the premises.
10. The circumstances leading to, and
the incidents and results of a controversy
with Lieut.. Albon c. Hodgson, u s. NJ,
who, on July 3, 1893, during the battle of
Santiago, was navigator of the BROOKLYN
in relation to the turning of the Brookiyn;
also the colloquy at that time between
Commodore Schley and Lieut.. Hodgson and
the ensuing correspondence between them
the conduct of Admiral Schley in the prem
ises.
The foregoing specific directions are given
for the information and guidance
the scope of it's inquiry into the "entire
the investigation of which is
asked by the officer concerned.
Rear Admiral Schley has been informed
Of his right to be present, either in person
or by counsel, during the investigation. TO
cross-examine witnesses, and to offer evil
dence before the court, should he so de-
sire. The court may at any time grant to
others interested and entitled thereto like
privileges.
The investigation will be held In open
court
This employment on shore duty is re-
quired by the public interests.
Given under my hand, at the Navy De-
partment, Washington, this 26th day of
July, 1901. JOHN d. LONG,
Secretary.
Capt. LemIy for Judge Advocate.
Secretary Long today formally announced
that he had selecsed CAPTAIN Sam c. Lem
ly, the law officer OF the Navy Department,
to be Judge advocate Of the Schley court of
inquiry. Captain LemIy has accepted the
detail. Secretary Long has not heard from
Rear Admiral Kimberly. who is reported to
have sent letter to him explaining that
the state of his health would hardly permit
him to act as member of the court
Hope IL still expressed at the Navy De-