The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-09-21
Circulation Statement
An Impartial Court.

The distinguished members Of the
Court of Enquiry yesterday gave the
country about the best evidence in their
power that the tribunal is and viii be
absolutely fair and impartial in its con-
duct of the investigation asked FOR by
Rear Admiral Schley. The Court had
asked Rear Admiral HigEinson. who
was on the stand. if. in his opinion, the
commander Of the Flying Squadron had
done all that ne should TO destroy the
Colon as she lay inside Of Santiago
Harbor frcm May 20 70 May 81, 1895. The
witness answered that he did not think
he had done SO. Rear Admiral Schley's
counsel objected to the reception Of in
dividual opinions as evidence. and cited
a number OF military and naval cases
TO show that the weight Of authority
was against their admissibiIity. Upon
the conclusion of the argument. Admiral
Dewey promptly announced that the
Court had decided 10 withdraw the
question objected 10, and thus estab-
Hshed a precedent which will exert a
most important influence upon the
character and length of the proceed
ings.
Ii has been well known ever since
Rear Admiral Schley asked for the
Court cC Enquiry that it was the pur-
pose OF the navy ring to call as many
Of his enemies and unfriends in the ser
vice as possible. in order 20 secure from
them expressions Of opinion which
might be considered as calculated to
prejudice the members Of the Court
against him. That opportunity has
now been cut of. by the conclusion Of
the tribunal that its duty is to hear
facts alone and from them TO reach its
judgment In other words, tie officers
composing the Court are the only per
sons entitled 10 express opinions, and
they must be based upon an the facts
and proper evidence submitted during
the hearing.
The just decision Of Admiral Dewey
and his colleagues very effectuaIIy
clears the deck for action, and satisfies
the American people that justice Will
be done. The navy ring was well sup
piled with such ammunition as personal
enmity. suppressed dispatches. misrep-
reservations, spite. and SO on, but its
useful To its purpose Of destroying the
man who fought and won the sea bat
tie of Santiago. that another who was
behind the horizon at the time might
the more easily be given the glory Of
that victory.
Since only facts viii be considered
by the Court it is To be conjectured
that Sampson and CrownInshield VIII
be in d bad way. OF course. there are
many to which the former might tes-
tiST but possibly not greatly 10 mis- ad-
vantage. He could state why he shaped
g course for the north shore OF cuba
from Cape Haitien on hearing that Ger
vera was about 10 leave Curacao Tor
Santiago. Perhaps he could explain
why the shore signal code arranged BY
Captain McCalla at Cieufuegos was
Withhe11 from Admiral. then COmmO-
dore. Schley. while it was communicat-
ed 10 all other commanding officers. He
could tell why, when the evide-ces Of
Cervera's preparations 70 attempt a
sortie were reported TO him on the ev-
enlng Of July 2 he should have thought
il prudent TO turn over the command
and retire completely from the scene
on the morning Of the battle
Perhaps he may be called upon 90
inform the Court and the country on
these points. But as we have observed
the facts al the command Of the ring
are not the kind OF facts they would
naturally care 20 emphasize. Their real
stock in trade has been jettisOned al
the outset