The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-13

adjournment of the court in order to per-
nit the Navy Department to designate an
officer to succeed Admiral Howison.
II had been expected that little official
business would be accomplished on the
opening day, and the prompt decision as to
Admiral Howison came somewhat as a sur
prise. Prior to the courts converting a
good-sized crowd assembled at the Wash
ington navy yard where the court meets,
TO witness the coming of the prominent
naval officers who were to take part in the
proceedings. They came ununiformed and
unheralded, and until the full dress uni
forms had been donned at quarters inside
the yard for the actual sessions Of the
court there was little to lend dramatic in
terest to the occasion.
Admiral Dewey and Admiral Schley nat
urally were the principal figures in popular
interest. The latter arrived in an autOmo-
bile and had with him distinguished party
of counsel, including Jere Wilson, Attorney
General Isidor Raynor. of Maryland. and
Capt. James Parker, with Mr.. league, act
ing as advisory counsel The German naval
attaohe, Captain Rebeur-P aschwitz, occu-
pied one of the seats in the public area, and
the number of wives of naval officers pres
ent was noteworthy.
SCHLEY'S CHALLENGE.
a salute of seventeen guns. in honor of
the admiral of the navy, marked the open
ing of the proceedings at 1 o'clock. The
usual formalities on the opening of a court
were transacted with dispatch. The first
skirmish was opened by Admiral Schley
rising from his. seat and speaking in strong
voice, clamly and deliberately, challenging
Admiral Howison's eligibility as a member
Of the court. Following is the text of the
challenge:
Rear Admiral w. S. Schley, in the exer-
else of his legal right of challenge, objects
to Rear Admiral Henry L. Howison upon
the grounds:
"First-That Rear Admiral Henry L.
Howison has already formed and expressed
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 L.
HOWiSOn has already formed and expressed
an opinion on the merits of the case about
to be investigated adversely TO said Rear
Admiral w. S. Schley, thereby indicating a
bias and prejudice which renders him, said
Rear Admiral Henry l.. HOwlson, ineligible
for service as a member of this court.
"Third-That Rear Admiral Henry L.
HoWiSon has, in connection with the sub
Ject matter about TO be investigated, eX-
pressed an unfavorable opinion on the per-
sonal and professional characteristics of
Z
a bias and prejudice which renders him,
said Rear Admiral Henry L. Howison. in
eligible for service as a member of this
court
"Fourth-That Rear Admiral Henry L.
HoWiSOn, In connection with the opinion
formed and expressed by him on the merits
of the case about to be investigated, has in
stituted and announced a comparison be-
tween the acts and personal and profess
sional characteristics of the principal par
ties to the present issue, namely, Rear Adj
mirals Sampson and Schley, to the disad-
vantage and disparagement of the latter,
thereby indicating bias and prejudice which
renders him, Rear Admiral Henry l.. Howl
son, ineligible for service as member Of
this court"
TESTIMONY AGAINST HOWISON.
Three witnesses were brought forward in
support of this challenge, namely-Francis
S. Frost William f. Spon and Foster Mich
OILS. They gave very positive testimony as
to expressions they had heard Admiral
Howison make favorable to Admiral Samp-
son and unfavorable to Admiral Schley.
Mr.. Frost testified to a statement Admiral
Howison had made to him at Boston while
the witness was seeking news as reporter,
Mr. SpOn to remarks made while he and
the admiral were journeying back to this
country from Europe on transatlantic
steamer and Mr.. Nicholss conversation oc-
Cured during a business call at Admiral
Howsons private residence in Yonkers,
Ny.
On concluding this testimony the ques-
| ton rose whether Admiral Howison would
| Join issue with the statements made by the
witnesses or would rest on his privileges to
| withhold any answer until he choose to
submit it. The admiral met the issue by
turning at once to Admiral Dewey and an
nouncing that he would make a writ of re-
! joinder to the statements of the witnesses.
! This rejoinder he prepared very speedily.
| While conceding the accuracy of some
| points in the evidence, it threw consider
| able doubt on other points and disclaimed
/ any recollection of the talks said to have
] taken place on the transatlantic steamer.
| 1t was net sufficient, however, to counter
act the very direct testimony given by the
| three witnesses and, moreover, the admiral
! himself, in concluding his statement in
! Dictated plainly that he had no desire to re-
| main on the court and was there simply in
| obedience to orders. He even appealed to
doubtful qustionS as to his eligibility in
] favor of Admiral Schley.
HOWISON'S STATEMENT.
| Following is Rear Admiral Howson' s
| statement to the court
! MIR. President and Gentlemen-In reply
| 10 the ODJecuOn TO me as a member OF this
/ court L submit copy of my personal letter
| to the Hon. Frank w. Hackett. which has
| been made public by the Navy Department
| Mr.. Frost, think, is answered by this let
| ter referred to: Mr.. Spon's statement is
/ one cannot father. L positively do not re-
| member his face at all. Mr.. FrOsts face is
! familiar, although L have not seen him for
/ two years or more, and Mr.. Spon, by his
\ statement, only last October. Mr.. Nichols
/ did call at my house in Yonkers on a very
| hot day on his own business He would not
! a mo al Init for. n
/ during his stay he did discuss with me sew
| eral naval matters, among which was the
! Sampson-Schley much-talked-of affair Our
| talk was short, as / desired him to leave me
| in peace.
Il desire to say that | am as you know.
! here to obey the orders of the department
| to report to you for duty as a member of
| this court; it is not optional with me to
! obey or not to obey these orders. Ny COM
mission requires obedience. These orders
| were not sought by me, nor are they agree
/ able ones. but have been taught obedience
to all lawful orders by my long service in
| the navy.
| II do not propose to enter into the sub
| ject OF my private discussions. l do not
| wish to recall for the information of The
| public what has been said to me by ac-
| quaintances; in fact it would be difficult
| task TO perform. Private utterances are
not long retained, particularly when there
| is no personal interest in the matters IN
! der discussion
| 81 sincerely hope that during the ex-
/ animation of my eligibility for men,
bership should there be any doubtful
CONTINUED ON PAGE G, COL. 81
| PIIRNEn HIS pP0pFPTv