Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-12
-tt
a)H[EI INQUIRY BEGUN
Tive Important Points Decided
at the First Session oi
the Court.
Schley's Challenge 81 Howison
Sustained New Member
"a to Be Chosen.
The Inquiry Will Be Conducted
In Public Details 81 the
Proceedings.

Washington. Sept. 12.- The naval
court of inquiry. which is to pass upon
the charges against Rear Admiral Win
field Scott schley, growing out of the
WEST Indian campaign and battle OF
Santiago Bay. convened at Washington
navy. yard at o'clock today.
= Never before In the history of the
navy has an issue been presented of
such supreme universal interest, not on
~ to the navy, but to the general public;
with such conspicuous naval figures in
the foreground Of the controversy, and
others equally conspicuous as witnesses,
sadherents and spectators, and with the
active head OF the navy establishment,
ADMIRAL Dewey, presiding over the tri-
bunal. The interest in naval circles was
shown by the distinguished array of Of
Sficers OF the highest rank who were
present, together with number OF
government officials. The areas in the
court, reserved for the public, was
about two thirds full. There was little
of the spectacular in the opening
scene. It was marked by dig
nifty and impressiveness rather
than by. dramatic spirit. The distin
guished figures in the trial, including
the members of the court. Dewey, Ben
ham. Howison and Schley, about whom
the proceedure centered. came - the
court In civilian attire and with little
outward demonstration But when the
court convened all the chief participants
We're in snowy uniform OF high rank,
presenting picture Of striking brill
liancy. The formal proceedings of the
court were begun with the reading by
Captain Lemly OF Admiral schley's let
ter requesting the convening OF the
court and the navy departments pre-
icept. The court assumed q listening at
'titude. but Admiral Schley gave only In
different attention to the document.
The admiral gave closer attention, how
ever, when the judge advocate began
reading an order appointing Howison q
na1nbsr OF the court IN place of Kim
10y and he continued to rive careful
F6te4 when his letter 70 the department,
asking for modification OF paragraph
five Of the precept, regarding Schley's
'disobedience OF orders was read tpgeth-
or with the departments refusal to
comply with the request. None ofthese
documents received more than perfume
tory attention from the auditors but
there was general change of attitude
when the next order OF proceeding was
read. This was challenge on the part
OF Rear Admiral Schley Of Rear Adj
miral Howison, az member Of the
court.
All the members were present. Dewey
occupied a position at the center of the
table and was finaked on either eide by
Benham and Howieon, Schiey and coun-
sci, Jere wilson, Ieadore Raynor and
Capt. James Parker. occupied seats
within the railing at q table get apart
for them: Dewey simply said in con-
vening court: This court IL open" I'm
mediately the members retired at the
instance of Judge Advocate Lemly to
decide whether the court should sit with
open or closed doors.
The court was absent about fifteen
minutes. when It returned and the pro-
ccedinga began In view of rhe public,
without formal announcement. The first
matter brought to the attention OF the
court was Schley's letter requesting a
court Of inquiry. Thisiwas read by Lem
ly. At 1880 Schiey arose and said with
extreme regret that he was obliged to
challenge Howison as member Of the
court. The grounds upon which he made
the charges were: Howison had already
formed and expressed an opinion on the
merits of the case and on the personal
and professional character of Schley, In
dicating bias and prejudice. He also
had announced comparison between
the acts and personal and professional
characteristics OF the principal parties
TO the present issue - Sampson and
Schley-to the disadvantage and dispar-
agement Of the latter, all of which rem
the court. After reading the formal text
of Schley's challenge the court adj
1ourned until 2:30 to permit Howison to
prepare . statement to Schley's charges.
6chley introduced three witnesses to
support the allegations of unfitness on
the part Of Howison. They were Fran
els =. Frost, reporter for the Boston
Record, who published the Interview
with Howison, in which the latter was
represented 40 rejecting upon Schley,
William 3. Spon. of New York, who
claimed to have heard Howison say
that Schley should have been court
martialed. and Foster Nichols, of Yoak-
ers. N. T., who stated that Howison
said to him II Schley was an officer in
the English navy he would not be al
lowed to retain commission. All said
Howison had given them the impression
that he was prejudiced against Schley.
When the last witness left the stand
Counselor Raynor. for schley, called
attention to the fact that Howiscn had
made no defence. The court then took a
recess to permit Howison to formulate
= statement. When the court recon
vened Hcwison presented his reply. He
said ne could not remember Spon's face,
but remembered his conversation with
Nichols. He was here to obey the order
Of the department. and would not enter
into : discusslon Of his private utter
ancee He had ne personal feeling and
considered himself competent member
Of the court.
In his testimony Frost detailed the
he 10 said to have had with
Howison. This occurred. ne said, IN, the
commandants olnce. and while It had
rot been eiyen with tije distinct under
otsnding that e should ~ pubiiahed,