The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-13
.HOWISON WILL NOT SIT
ON COURT OF INQUIRY

CONTINUED from Page IL
tude. but Admiral SchIey, known as
the applicant" in the case, gave only
indifferent attention 10 the document.
The admiral gave closer attention, how
ever, when the judge advocate began
the reading of the order appointing
Rear Admiral HowisOn a member of
the court in place of Rear Admiral
Kimberly, and he continued to give
careful heed when his letter to the de-
partment asking for d modification of
paragraph of the precept regarding
Admiral Schley's diSObedience Of or
ders, was read, together with the de-
partment's refusal 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 or
der OF proceeding was reached. This
was the challenge on the part OF Rear
Admiral Schley of Rear Admiral How
ison as a member of the court.
While the challenge. of course, was
expected, IL created no little commo-
| ton, coming as ii did without preimi-
nary announcement beyond the ques-
ton en- the part OF Captain E1enlly as
to whether the applicant had any OBJ
lection to the court to urge. Admiral
| Schley responded promptly. Rising
from his seat he said:
Il have to state with extreme regret
/ that 1 am obliged to object to Rear
Admiral HOwison as a member of the
court"
He then read his formal objection as
follows:
Howis1p is Challenged.
Rear Admiral ". s. Schley. in the
exercise Of his Legal right of challenge.
objects 90 Rear Admiral Henry l..
Howison upon the grounds:
"First-That Rear Admiral Henry 7.
HowisOn has already formed and ex-
pressed an opinion on the merits of the
case about to be investigated and that
! he is. therefore. ineligible for service
as member of this court.
"Second-That Rear Admiral Henry
~. Howison has already formed and ex-
pressed an opinion on the merits of the
case-about to be investigated. adversely
to Slid Rear Admiral W. S. Schley,
thereby indicating a bias and prejudice
which renders him. said Rear Admiral
I /. 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 inVesti-
| gated. expressed an unfavorable opin-
l ion on the personal and professional
/ characteristics of said Rear Admiral
/ Schley thereby indicating a bias and
! prejudice which renders him. said Rear
I AQllAIdl ElOMlr0ll. ltlEA4E lUAE LD1 SCI VIE
! as a member of this court.
"Fourth-That Rear Admiral Henry
| L. Howison. 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 personal and professional charac-
/ teristics of the principal parties 10 the
| present issue, viz: Rear Admirals
! Sampson and Schley to the disadvan-
( tage and disparagement of the latter'
/ thereby indicating a bias and preju-
/ dice which renders him, Rear Admiral
| Henry L. HowisIn, ineligible for SER
/ vice as Il member OF this court
| A hurried consultation among the
| members of the court followed Ad-
| miral Dewey first turned TO Admiral
Benham, then stepped around the table
! and engaged Captain Lemiy in con-
verSation. He afterwards spoke to
Rear Admiral Howison.
Show Howison's Prejudice.
Captain LemIy then asked II there
| was any evidence in support OF she
! statements concerning Rear Admiral
| HOwisOn. TO which Mr.. Raynor, speak
/ ing for Rear Admiral Schley, said there
| was. Admiral Dewey announced thai
this would be heard.
Francis y. Frost Of the Boston Rec-
/ ord who had reported a conversation
with Rear Admiral Howison in which
/ the latter was alleged to have made
/ reflections upon Admiral Schley, was
( called to the stand. The witness eN-
planned the nature of his duties in Sc
curing news from the CharlestoWh
navy yard
He then detailed the conversation he
is said to have had with Admiral How
/ isOn. This occurred, he said, in the
I commandments Office and while it hac
not been given with the distinct un-
a.. fCi
there was no injunction o. secrecy
| Publications had begun to appear
concerning the credit for the victory
This had been referred TO during tbs
witness visit to Admiral HOwison an,
in reply the admiral stated. SO the wit
ness testified. that Sampson was emit
tied to the credit Of the victory at San
tiagO.
Admiral Howison described the dutie:
| which had devolved on Samson; how
of the harbOr % guard against the es
cape Of the Spanish feet. The witness
said Admiral Howison stated that i
the American fleet had been defeated
| Admiral Sampson would have beer
asked why it had occurred.
Mr.. Frost said he had suggested tina
[ the public seemed disposed TO give tn
credit to Schley- In response. he ties
tiled, Admiral Howison went on L
say that SIMPSONS standing as an ON
Ger and as a man was greatly gu
perior to that OF Schley.
What he said. continued the witness
inclined me to the belief that he has
no use for Admiral Schley"
Spoke in Sneering Manner.
The witness also gave in detail TIT
circumstances leading up TO the publ
cation. On cross-examination he Wa,
shown the p-ecept ard was asked b.
Solicitor Hama If Admiral HowisoI
had EXPRESSED an opinion o.
the point in the precept. Tn,
witness thought he had not. "A.
many points N the precept were no
involved in the conversation. The wit
ness adhered strictly 10 his first state
ment. On redirect examination Mr.
Raynor said:
What was Admiral Howison's man
ner during his conversation with you p
He spoke OF Schley in what ! woui5
call sneering mannersS replied the
witness.
Occasionally during the examination
Of this witness there was slight issue