Waterbury Democrat., 1901-11-07
TEARS IN COURT.
Rayner's Able Plea the Sensa-
 tion of the Hour.
ADMIRAL WAS DEEPLY MOVED.

Admiral Dewey and His Colleagues
 on the Court Grasped Rayner's Hand
 When He Finished--C Captain Lemly's $
 Argument Begun This Afternoon
 He Went Over the Whole Case Once
 More.
 When the naval court convened this afternoon Captain Leniy began his argument: He said: With the con- clusion of the very brief address With which 1 shall close the argument ii this inquiry, my principal connection with it ceases anG the matter is left Ill your capable hands. I may add that while my duties here have been ardu- ous and necessarily somewhat painful, l am proud to have been associated with this distinguished coiIt Which IS to pass upon one of the most import ant questions ever considered by q na- val court-a question, 2s ] defined 1t in the early course of the proceedings, between the applicant 1nd the morale of the service. In entering upon my duties as judge advocate of the court, had in mind advice given me by the secretary of the navy soon after my appointment, as follows:
 Admiral Schley asks for a court of inquiry 4 perfectly impartial court is constituted. The judge adyo- cate and my counsel assisting him are not (and their duty in this respect is plain) ill court to prosecute ailyDody or to find anybody guilty. put to bring out the facts and aid the court in de- claring the truth
 s'I have endeavored to follow this advice without fear or favor. If have appeared to fail in maintaining that Iln- partial attitude which feel aud have always felt toward the applicant, it IS because aggression. loxeTer natural on the part of heated counsel, be<ets aggression, and for the further return that in many instances tnf0u@iiout the Investigation honest differences of opinion has compelled me ID be ear nestly contentious in order to audnce what I believed 10 be material facts. deem it not inappropriate that Il should here remark that the navy de- partment in this matter n5S 1na1ntain- etI an entirely neutral attitude, that have not been interfered with i;y II ID my conduct of the case: that, as tie record demonstrates, there has been no alteration of the departments rec ords; that officers on duty even Iii lhe much-abused bureau Of navletr-on nave IEeGlN sIGSGAGd III 0CtA%o VI N.SN applicant: and am confident that the evidence adduced fully justified the views of the department, ser forth III it's reply of Fenruary 5. 1893, to the senate committee on naval aualrs wherein it is said of Conlnodore Schley. referring particularly to the naval battle of July 3. 1S9S:
 where so much was achieved n this culminating b;t-tle, and where lils ship was such conspicuous force III tle fight. his conduct while ID lnde- pendent command prior to June !, the record of WIsch has been given atoy e. and which by reason of :Js unsteitol- ness in purpose and push and in Tlil- ure to obey orders did not meet the approval of the president and inc uartment was not yet permltFed 10 stand in the way of his nomination. for,promotion 10 higher grade for lae part he took in the final triumph.
 Cantain Lenlly then said that she voluminous eyidencehad been so fuily treated in all it's bearings taat IL fsiis not his purpose to enter upon de- tailed discussion Of It. Beglnhlils with the passage of the nEinS s'l,istu- ron from Key West to Cienfuegos Ill soorch of fine. meet under Admiral Cervera. he said that while the speed set bv the applicant from Key west and Cienfuegos was but ten knots, un- der the then existing e,'oaitlons oL wind and weather greater speed might have been mafnta ned. OIher ueld! : of this voyage were referred to. IT shouId. he thought. be remembered That Commdore Schley's orders re ollired that the blocKade of that port be established with the least possible delay.
 Reference was made to the interview with Capta1n Chester of the Cincinnati o-1 +his rriD and Captain Lemly said: s.Already as appeared from ehelr con versation. Commodore ScIley. though treasured by Captain Chester, was troubled in his own mind over coal conditions and the problem of coallng at sea. demonstrating that a. the very outset he was borrowing trouble
 Referring to the McCaIla signals. he said if was clear that the Marblehead had not arrived at Key West when the flying squadron sailed. an.1 therefore that the signals could not have been communicated to Commodore Sehiey there. sThere is little ilngbt, how ever, he added. .1hat if the eommo- dore had. upon meeting the Marble head. directed Commander II Gala 10 report on board the flagship he would have been fully informed as to the sig nals. notwithstanding the commander g declared purpose to preserve them with , as much secrecy as practicable for the protection of the insurgents them selves. But, independently CT any sig na1s. was 1t incumbent upon the com modore himself to make effort? Was he justified in this and other similar 2 matters. notably off Santiago in rely ing solely on the efforts of others?
 The fact however, is clear. he said, that the applicant did receire a copy of the McCalla memorandum at Cien- fuegns at least by 8:15 o cl pck on the moIA-ng of May g. and although by reason of Commander Mct.alla's cau- ffon. the signals. which he did not wish fo place in writing. were not embodied in this memorandum. such full infor- nation was contained - ihcrein as showed that the insurgents jn the vi- cinity of Cienfuegos were accessible to communication and that they had per feet knowledge of what wes. going on within the city. He also said tkat the evidence in full as to the condition of the weather and sea off Cieafuogos and that the log bocfs of the vessels while there from the 22d to the 24fh of May, inclusive. do not record b1d conditions in these particulars. but indicate on the contrary that they were gl,d.
 Captain Lemly said that ne the ar mn r.lI-7 7r7off7 o4a-