The Washington times., 1901-09-01


With an assurance. which practically
amounts to certainty, that counsel for
Admiral Schley will make formal objec-
tio1 to admiral Howison when the Court
of Enquiry meets on September L, there
is already some small talk among those
interested in the case as to who will be
selected to ill his place.
1t is thought that as soon as Admiral
Schley makes any protest against allow
ing Admiral HOwison to sit in judgment
upon his case that Howison will at once
ask to be relieved from service. Counsel
for Admiral Schley not only have the affi-
davit of the writer of the Boston Rec
ord alleged interview, bu- it is said
on coed authority that they have other
dispositions TO the effect that Admiral
Howison expressed himself freely upon
the Sampson-Schley controversy, and was
always prejudiced agairst the latter Of
fcer. This fact was not, however, known
to Admiral Schley or his counsel until
days after Admiral Howison was appoint
ed as the third member of the court.
As Admiral Schley stated in his letter
to Acting Secretary Hackett in regard
to the matter. he has always entertained
a high personal regard for Admiral Howl
son, and was not aware that he had ever
expressed an opinion upon the merits of
the case. Just prior to the time Admiral
Schley wrote his first letter to Mr.. Hack
et., asking him to call the alleged inter-
view to the attention of Admiral Howison.
counsel for Admiral Schley had a confer
ence with the Acting Secretary upon the
subject. AT that time Mr.. Hackett was
informed that affidavits could be procured
which would substantiate the interview.
Admiral Schley had not then secured TIL
ahidavits. but had been assured that they
were procurable. They did not, however,
accompany Admiral Schley's letter, and
in consequence, Mr.. Hackett. in replying
to the communication, made the declara-
ton that the clipping containing the al
legged interview was unsupported. This
statement has called forth considerable
comment, in view OF the assurance given
Mr. Hackett by Admiral Schley's counsel
that they wer- able to produce sworn tes
tmony TO belr out the interview, and thus
warrant the matter being called officially
to the attention Of Admiral Howison.
1t is said that counsel for Admiral
Schley do not regard the question as one
of veracity between Admiral Howison and
his interviewers, but construe his late ut
terance to mean that he does not deny
the interview in toto. He denies that he
niits having talked of the Santiago fight,
and does not refute the charge that he
declared that the glory for the victory
should go to Sampson. Admiral Howisons s
letter is regarded as making the Navy
Department responsible for his rema lining
upon the court. as he expresses willing
ness to retire In case it is so deemed best.
1t is thought that the proprieties of the
case will dictate to him that he should
ask to be relieved should Schley make
formal objection to him.
Who Will be selected to fill his place
should he retire is matter for much con-
lecture. Mere than ten days were con-
sumed after Admiral Kimberly was re-
lieved before Howison was decided upon,
and. should the same difficulty be en-
countered it may he necessary for the
court 10 adjourn for several days after
it meets on September II.
Every day there is less and less proba
biiity of the appearance of Admiral Samp-
son before the Court of Enquiry in Wash
ington. 1t is admitted on all sides that he
is in a very feeble condition and the fear
is entertained that he would not be able
to Withstand the severe physical and men
tai strain of journey to Washington and
an exhaustive examination such as he
would be subjected to- 1t is also quite
certain that counsel for Admiral Schley
will protest against the admission of his
affidavit or sworn statement as evidence
without the right of cross-examination.
Admiral SIMPSONS friends fear the re-
suit of a rigid cross-examination. 1t is
admitted that Sampson has not been COM
municated with upon the subject of his
testimony, and any statement submitted
by him, ii is said would be one drafted
by Admiral Crowninshield and SIMPSONS
attorneys, and executed by him Schleys
counsel want no such statement as this.
Again, it is pointed out that if the
statement of one officer can be submitted
without his appearance at the hearing
that of any other officer might be thus
admitted. and the conduct OF Admiral
Schley might be Judged alone upon the
official records in the Navy Department
Instead of this they want what Admiral
Schiey has asked for, and the Navy De-
partment has granted, namely, thor
ough investigation of the charges against
him Consequently they want the privi-
lege of cross-examining all witnesses.
In case Sampson is not able to come to
washington. as now seems to be the case.
Il is possible that Schley's counsel may
ask that the court go to Burke Haven. or
wherever Sampson may be, to take his
testimony Should this request be made
Il IS difficult TO see how it could be de-
MED, unless Admiral Sampson is physi-
calIy and mentally unable to testify under
any circumstances.
Neither Sampson, whose name heads
the list of witnesses. nor any other officer
has as yet been summoned. Those at a
distance have been ordered to Washing
ton, and upon their arrival here will be
ordered before the court. The majority
are not far away. and can be summoned
at any time.
Lieutenant Harlow. who commanded
the Vixen during the Santiago fight and
dictated a running account of the battle
as it progressed, was at the Navy De-
partment yesterday. and had a talk with
Captain Len.y. the judge advocate of
the court. Following the instructions OF
Secretary Long, he would not discuss,
for publication, any phase of the subject
upon which he is expected to give testi-
mony. Ii is said that the notes of the
battle made by Lieutenant Harlow were
edited before they were recorded in tie
log Of the Vixen. and II is In regard TO
this matter that his testimony will have
bearing
Gustaf Claeson, for whom the Navy
Department was Obliged to make diligent
search before he was found in Brooklyn,
be witness before the court As he is a
civilian the court has no authority TO
compel him to attend, but he has yoIun-
teered to testify.
NEW CONSTITUTION READY.