The Montgomery advertiser., 1901-11-08
LEMLY ENDS
 THE ORATORY Sehley Court of Inquiry Concludes Sessions. THE JUDGE ADVOCATE Speaks of the Applicant with
 Great Awe. / Says He Does Not Believe That Ad- miral schley Has Ever Shown
 Cowardice-The Atten- dance Was Large.
THE JUDGE ADVOCATE

Washington, Nov. 7.-After sittings cov- ering forty days and with record which' when complsted, will cover about zooo pages, the Schley Court of Inquiry today s:4 D. m., adjourned its last public argument in the case and soon after ne had completed his speech, Admiral Dew ey. bringing his gavel down upon the big fiat table, said: There being no fur ther business, the court Is adjourned
 As was the case yesterday when MT. Raynor spoke, the attendance was large. The session began at o'clock and the entire time was devoted to Captain Lem- Tvs address. He read his speech in clear and distinct tones and was given careful attention. Speaking of Commodore Schley's conduct, Captain Lemly said: From my knowl. dge of the man, having served under his command on two cruis- CTS. I have never believed, nor do claim from the evidence, that personal miscon- duct-or, to call a spade a spade, cowar- dice--was exhibited by Commodore Schley in any part of his career as commander in-chief of the flying squadron. But submit with regret, that in the passage from Key West to Cienfuegos. while at the latter port, en route to the southward of Santiago, without settled destination; fin the retrograde movement, in the return to the vicinity of Santiago, and in the affair of May 31, the Commodore exhibit ed unsteadiness in purpose and in push and failure to obey orders"
 Words of Farewell.
 After adjournment the members Of the court, Admiral Schley and counsel lin- gered for time about the hall in which they recently have spent so much or theirstime, and there was many afecti9h- ate words of farewell spoken. Admiral schley, as usual, was called upon to re- ceiye the greetings of a number of ad- xnirers and a hundred or naRe peonle waited at the door of the building to bid him adieu.
 Taking up the case with the testimony concerning the interview between Adml- ral Sampson and Commodore Schley on Key West before the cruise to Cienfuesos, Captain Lemly said: Senior counsel for the applicant has indicated to the court certain considerations which should be taken into account in giving reIatiye weights to the testimony of Captain Chadwick and the applicant relative to the subject matter of the conversation between the Admiral and Commodore Schley. at Key West, May Is. In connec- ton with this, the latter's statements about the matter made at other times should be regarded, and particularly his statement to the Senate Committee on Naval Affairs and the consid aeation that at this time neither Admiral Saw pson nor Commodore Schley nor Captain Chadwick had any notion the Spanish ships would go to Santiago.
 'I ask the court to apply to the appli- cant as a witness the well-known rule that where witnesses testify with regard to the same matter and one of them re- members and the other merely does not remember the circumstances of the mat ter, the evidence of him who remembers must be accepted. If this be done, then there is little left of the evidence given before this court by the applicant, par ticularly upon his cross-examination.'
 Trip to Cienfuegos.
 "Commodore Schey has testified" said Captain Lemly, that he consulted Com modore Remey at the naval base, Key West. May IS. and at that time the latter had information as to the movements Of the Spaniards. So had Admiral Sampson on the 18th. And for what, if not to meet the enemys fleet was Commodore Schley sent to Cienfuegos? Not because he ex- pected to find them already in there, as order No. 5, and Admiral Schley's report will clearly show. It was simply expect ed that the Spaniards would endeavor to reach Cienfuegos and not that they were there"
 Reports of Scout Boats.
 Referring to MT. Raynors statement that when the report of the Spaniards be- ing at Santiago was confirmed, nothing was done to inform Commodore Schley of this until the Hawk was sent on the af- ternoon of May 21, Captain Lemly said the Marblehead was sent at 3 a. m. of May 21 with the dispatch, No. 8, Tt is true" he added. that this copy did not
 
 When Hood, on the Hawk, was sent on the afternoon of the 2lst, he carried as A separate communication, the memo rsndum order, and this confirms MT. Hoods testimony that at that time Ad- miral Sampson regarded as a practical certainty that the Spanish squadron was at Santiago"
 Beth of counsel appear" he said. Ito ignore the very important parts of the McCalla memorandum. The latter part shows clearly Commander McCalla's com munication with the insurgents and their intimate acquaintance with matters in the city"
 Captain Lemly contended that this memorandum was delivered to Commo- dore Schley May 22 and he charged the Commodore with failure to attempt to direct communication with the insurgents after it's receipt"
 Referring to the information given Commodore Schley by the scout boats upon the Commodore's arrival off santi- ago May 26. Captain Lemly said 1t was reported to him as agreed by Captain Sigsbee and the Commodore, that noth- ing had been seen of the Spanish fleet. On this point, he said: Some of the scouts had been off Santiago since the 21st of May. This information of Sigs- bees, then. meant that if the Spanish squadron had been there in the first place, 1t had not left. The dispatches will clearly show that there was no doubt that the Spaniards had been at Santiago; the only doubt that ever existed was as to whether they had left.
 'Tt has been intimated by counsel that had the applicant been otherwise advised by Captain Sigsbee. or had he been in any way advised by Captain Wise. he migh not have undertaken the retrograde movement; but both of these officers tee