The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-26
PRBCEPT FOR THE ENQUIRY.
Secretary Long Issues the Rules
for the Schley Court.

Has Not ct &oEu rst Il untcss1ed HI
Wish TO Be Relieved From Service
in Connection with the Case
The precept which is TO govern the eour
If enquiry in its investigation of tn
.harges against Rear Admiral schIey va
made public late this afternoon and fol
owS:
ITO Admiral George Dewey, Z s n,
Washington. D G
Upon the request of Rear Admiral
Winfield : Schlcy. l :. N made in
with a court of enquiry. Of which You
are hereby appointed president Rear
AdmiTalS Lewis A kImbeL% and An
drew Z X Benham, L 5 y, mem
berS. and Capt Samuel &. LemIy. L.
S. n. Judge Advocate General. judge
advocate, Is hereby ordered to convene
at the Navy Department W aShingtGn-
y. c. at clock p. m, on Thursday,
the 18th day Of September, 1901. or as
soon thereafter as may be practicable.
for the nLrpose Of enIuiring into the
conduct of .he said SChley. commo-
dOTe IN the navy during the recent
war with Spain and in connection with
the events thereof
The @oFIrt will thoroughly enquire
into all lie circumstances bearing up
on the subject of the investigation
hereby ordered. and to this end, be
sides examining orally all proper wit
neSSeS whose attendance can be Sc
cured, VIII cali upon the department
for all documentary evidence in rela-
ton thereto on its files
Upon the conclusion ofthe investiga-
ton the court VIII report its proceed
1ngS and the testimony taken with
fun and detailed statement Of all the
pertinent facts which il may deem 10
be established. together with its npin-
lon and recommendations In the prem
ises-
While the department relies upon
the discretion Of the court to make its
examination into this matter full and
complete, as requested by the officer
at whose instance It is convened, the
report should show the conclusions
reached upon certain important points
TO which attention Is specifically di-
TeCt1d- IS follows
L His conduct in connection with
the events Of the Santiago campaign
- The circumstances attt ndlng. the
reasons controlling. and the prOpTiety
Of the movements Of the Flying
Squadron of Cieufuegos in May. 1895.
g. The circumstances attending. the
reasons controlling and the pr0priety
Of the movements Of the said squad
ron in proceeding from CieEfueEos to
Santiago.
4. The circumstances attending the
arrival Of the Flying Squadron of
turn westward and departure from off
Santiago and the propriety thereof
.. The circumstances attending and
the reasons for the disobedience by
Commodore Schley Of the orders Of the
deDartment contained in its despatch
dated May =. 1885. and the pTOpriety
of his conduct in the premises.
. The condition Of the coal supply
OF the Flying Squadron on and about
May - lSgN- its cOallug facilities the
necessity, IF any. for. OF adViSa biliIy
OF the return Of the squadron 20 Key
West to coal and the accuracy and
propriety Of the officiai- reports made
by Commodore Schiey with respect to
this matter
- Whether or not every effort iucum-
bent upon the commanding officer Of
a fleet under such circumstances was
made TO capture or destroy the Span
iSh cruiser Colon as she iay at an
chor in the entrance to Santiago Har-
Dor. May = to 81. inclusive and the
necessity for or adviSability OF. en-
gaging the batteries at the entrance to
Santiago HarbOT, and the Spanish
vessels at anchor within the entrance
70 said harbor. at the ranges used.
and the propTIety Of Commodore
Schley's conduct in the premises
= The necessity. # any. for. and ad-
visibility of, Withdrawing at night the
Flying Squadron from the entrance
to Santiago Hsrbor to 4 distance at
sea If such shall he found TO have
Dt-t-fl the case extent ana EEE-lE--G.-
ter OF such withdrawal and whether
or not a close or adequate blockade Of
said harbor- 10 prevent the escape Of
the enemy vessels LhcTefrom. was es-
tablished, and the propriety Of Com
modore Schley's conduct IN the prem
iSes.
3. The position OF the Brooklyn on
the morning Of july 2 lSSS- at the
time OF the exit Of the Spanish vessels
from the haTbOr Of Santiago The cir
~-~ev-r4Ey.cy g,
and the incidents resulting from the
turning Of the Brooklyn in the direc-
ton in which she turned at OF about
the beginning Of the action with said
Spanish vessels. and the possibility Of
thereby coIHding with or eDdaHgeTing
any other of the vessels Of the Unit
ed States feet. and the propriety Of
Commodore SChley's conduct in the
premises.
10 The circumstances leading TO.
and the incidents and results OF. a con-
troVersy with Lieut.. AIbon c. Hodg-
son. l. 5 Navy. VINO, on July 3. 1898.
during the battle OF Santiago was
navigator Of the Brooklyn in relation
to the turning Of the Brooklyn: also
the cOlOgUy at that time between
Commodore SCEieE and Lieutenant
HOdgSOn and the ensuing correspond
ence between them on the subject
thereof aHd-the pTODriety Of the con-
duct OF Admiral SchIey in the prem
ises.
The foregoing specific directions are
given primarily for the information
and guidance "f the court, but do not
lizeit or restrict the scope Of its en-
quiTy into the entire matter the in
vestiga-iOn OF which is asked by the
officer concerned
Rear Admiral Schley has been in
formed OF his right TO be present, eth
CT in person or by counsel, during the
investigation TO CTOss-eEamine Wit
nesses, and 10 offer evidence before
the court, should he so desire. The
court may at any time grant to others
interested and entitled thereto ike
privileges
The investigation viii be held in
open court
This employment on shore DUTY is
REQUIRED by the public interests.
Given under my hand, at the Navy
Department. Washington, this twenty
JOHN D. LONG.
Secretary
Cart Samuel C Lemly. Judge Advocate
T the Navy. was today form
ny designated by Secretary Long to act
S judge advocate Of the schIey court Of
INQUIRY in place Of Commander John f
flisbury, equipment officer Of the Bos-
n Navy Yard Captain LernIy has been
1siIy engaged for the past two days in
the precept for the court. It
as completed this morning and sent 10
e printer.
Captain Lemly had anticipated leaving
-asbinEton on his annual holiday during
ie latter part of August or first Of Sen
mbeT. but, in view Of the fact that ne is
of5ciate at the Schley court. he viii
range his plans and leave within a
1ort time in order 20 be back here before
eptember p He anticipates going 10
5naGa-
The selection Of Captain Ler1Iy Is cor-
iered an admirable one and is exDected
prove highly satisfactory to Rear .Ad-
iral SehIey ana his friends. He is an
d shipmate Of Admiral schley and has