The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-09-03
SCHLEY'S COUNSEL READY.
Preparation of the Rear AdmiraI's
Case Concluded.

| Eight days remain before the Court Of
/ Enquiry cOnvenes at the Washington Ma
| Wy Yard TO hear evidence and pass judg-
mcnt upon Rear Admiral Schley's con-
/ duct during the Santiago campaign
/ The admiraIs attorneys have practical
| " concluded the preparation of the case
[ for their client and are prepared for the
opening Of the Court. They have careful
I ly gone over all the available official rec
ords and papers in the case. as well as the
whole subject with Admiral Schley. Since
Judge Wilson returned 20 Washington he
has devoted the greater portion OF his
time TO the Schley matter and he is now
thoroughly familiar with every phase and
detail Of the case.
Captain Lemly. the Judge advocate Of
the Court owing 20 his absence from
Washington for several weeks after the
pTecept was drawn up. has not yet COM
pIetely prepared the case for presentation,
but he has it wen ~ hand, md viii be
ready when the Court meets
For several days past he has been hold
ing conferences with witnesses who are
to appear upon the stand Last week
Lieutenant Harlow. VINO wrote the log
of the Vixen. about which much has been
said, was at the department and confer
red with the judge advocate. Lieutenant
Harlow was upon the list OF witnesses
prepared by both Admiral SchIey and the
Navy Department Today Captain Lemly
had a talk with Rear admiral Evans in
regard to his evidence. Lieut.. Victor
Blue. the officer who went ashore At san
tiagO and ascertained the presence, pO-
sition, and number Of the vessels Of the
Spanish fleet was also at the depart
ment today and saw the judge advocate
Captain Lemlys course I'm making a
sort Of preliminary examination Of wit
nesses is the usual action taken by at
torneys before going into court with their
case, and he viii make il a point 20 con-
fer with all OF the important witnesses
before they go upon the stand BY this
means much OF the irrelevant and Unim-
portant testimony may be omitted. The
enquiry will be long al best. and il is the
purpose Of all concerned TO expedite it as
much as possible by the elimination OF
details which can have no important bear
ing upon the final result.
The regulations Of the Navy Depart
ment provide that questions submitted 10
a witness before the court shall be asked
through the Judge Advocate. In the
Schley case, however. as in all those
where a stenographer makes verbatim
report Of all that is said. questions viii be
asked OF witnesses direct by counsel for
Schiey the same as IN an ordinary court
Unless especially authorized 20 assist the
Judge Advocate other counsel viii not
have the right 20 examine witnesses
Therefore SIMPSONS counsel VIII be bar
red from asking questions unless they be
deputiZel % assist Captain Lemly or some
special courtesy is granted To them
Schley viii not be referred TO az the
hearing as defendant IN the case. but as
the applicant, he having applied for a
Court OF Enquiry This IS the usual prac-
tice in such cases Nothing further has
been heard from Admiral Sampson as 20
whether or not he viii be- present at the
hearing There has been 10 assurance
that he viii attend. and the conviction IS
strong that he will not De- here
Commander Schroeder, who was ordered
home 90 appear before the Court. has ar
rived at san Francisco.