New-York tribune., 1901-09-13
PROCEEDINGS IN DETAIL.
ADMIRAL sCHLEY's CHALLENGE. AID
MIRAL HOWISON'S REPLY AND
THE COURTS DECISION.

Washington Sept 1.-THE formal proceed
ings Of the court began with the reading
by Captain Lemly of Admiral Schley's letter
requesting the convening of the court and the
Navy Departments precept. The members OF
the court assumed listening attitude but Ad-
miral Schley, known as the applicant" In the
case gave only indifferent attention to the docu
Inent- He gave closer attention, however. when
the Judge-Advocate began the reading Of the
order appointing Rear-Admiral Howison
member of the court in place Of Rear-Admral
Kimberly, and he continued to give careful heed
when his letter the department asking for a.
modification Of Para graph of the precept. re-
garding Admiral Schley's disobedience of orders,
was read, together with the departments re-
fusal to comply with the request
None of these documents received more than
perfunctory attention from the auditors. but
there was a general change of attitude when
the next order of proceeding was reached This
was the challenge on the part of Rear-Admiral
Schley of Rear-Admiral Howison member
OF the court While this challenge, of course
was expected. 1t created no little commotion
coming as it did without preliminary announce
ment beyond the question on the part Of Captain
Lernly to whether the applicant had any OBJ
lection to urge. Admiral Schley responded
promptly Rising from his seat. he said: Il
have to state with extreme regret that / am
member Of the court
SCHLEY'S FORMAL PROTEST
He then read his formal objection as follows:
Rear-AdmiraI W. S. Schley in the exercise of
his legal right of challenge, objects TO Rear-Ad-
Iniral Henry L. Howison upon the grounds
First-That Rear-Admiral Henry l.. Howison
has already formed and expressed opinion on
the merits of the case about to be Investigated,
and that he is therefore ineligible for service as
a member of this court
hat f.fratr T. tInF-
son has already formed and expressed an opin-
ion on the merits of the case about TO be In
vestigated adversely to said Rear-Adrniral w.
S. Schley, thereby indicating a bias and preju-
dice which renders him. said Rear Admiral
Henry L. Howison. ineligible for service as a
member of this court
Third-That Rear Admiral Henry L. Howison
has in connection with the subject matter about
to be investigated expressed an unfavorable
opinion on the personal and professional char
acteristics Of said Rear Admiral Schley, thereby
indicating bias and prejudice which renders
him. said Rear-Admiral Howison. ineligible for
service a member of this court.
Fourth-That Rear-Admiral Henry l.. Howl
son In connection with the opinion formed and
expressed by him upon the merits OF the case
about TO be investigated has instituted and an
nounced comparison between the acts and per-
sonal and protest. characteristics OF the
principal parties to the present issue-viz. Rear
Admirais Sampson and Schley-to the disadvan-
tage and disparagement of the latter thereby in
dicating bias and prejudice which renders him,
Rear-Admiral Henry L. Howison. ineligible for
service as member Of this court
hurried consultation among the members OF the
court followed. Admiral Dewey first turned to Ad-
miral Benham. then stepped around the table and
engaged Captain Lernly in conversation. He after
ward spoke to Rear-Admiral Howison. Captain
Lemly then asked II there was any evidence In sup
port OF the statements concerning Rear-Adniral
Howson. TO which Mr.. Raynor. speaking for Rear
Admiral Schley. said there Admiral Dewey
announced that this would be heard In asking Ad-
mrai Schley for designation of his witnesses Cap
tain Lemly referred TO the admiral as ''the ac-
cused." Admiral Dewey promptly called his atten-
ton TO the and the judge general
corrected it. referring TO him then 1.-THE appli-
can't"
TESTIMONY IN SUPPORT OF CHARGE
Francis A. Frost OF "The Boston Record" who
had reported O conversation with Rear-Admiral
Howison in which the latter was alleged to have
made reflections Admiral Schley, was called to