The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-08-30
TO Be HEARD BEFORE THE SGHLEY
COURT OF INQUIRY.
NO OFFICIAL INFORMATION
On This Subject Admitted by the Ma
ly Within the Discretion of the Court
Ihe Question Though, Already Set
tied-Schley's Counsel Given List of
His List Furnished by Schley.

Washington, August 27.-It is under
stood that Admiral Sampson Is to be
represented before the Schley court of
inquiry by counsel. The navy depart
ment officials say they have no official
knowledge on the subject and point to
the fact that the court of inquiry is the
only body authorized to admit or de-
bar counsel in such cases. It may, in
it's pleasure, deny the person under in
vestigation the privilege of having
counsel present before the court of in
quiry, or on the other hand it NAV go
to the length of permitting persons in
secondary interest the privilege of en-
ploying counsel before the court. So
the officials say they have no knowledge
officially of the retention of counsel by
Admiral Sampson, but privately it is
admitted that he expects to be so rep
resented.
Tt was learned today that W. H. Stay
ton, of the law firm of Stayton & Cham
bers, Of New York, was expected at the
navy department tomorrow and it is
supposed that his purpose IS to consult
the records of the department in the
interest of Admiral Sampson. Mr.
Stayton is a graduate of the naval
academy, who, though coming out at
the head of his class. elected to join
the marine corps. He was detailed to
duty in the office of the Judge advo-
cate general and later resigned to
practice law.
The navy department today through
Captain Lemly. the judge advocate of
the court of inquiry, supplied counsel
for Admiral Schley with tentative
list of witnesses to be called before
the court by the government. 1T is un-
derstood that it contains, and, in fact,
is headed by the name of Rear Admiral
Sampson 1t is stated that the list is
by no means complete. Some of the
witnesses named may not be called,
while, on the other hand. not only may
the government add to the list, but
Admiral Schley's counsel are at liberty
to suggest additional names.
The list OF witnesses prepared by
Judge Advocate Lemly and transmitted
to Admiral Schley will be made public
tomorrow.
Some time ago Admiral Schley, in
sending his list of witnesses to the de-
partment, included request for all the
. officers of the Brooklyn. The depart
ment replied that a number of the Of
ficers of the Brooklyn would be on the
list prepared by the department and
Brooklyns officers he desired. The
admiral responded today through Cap
tain Parker, of his counsel. He gave
the names Of the priciple officers of the
Brooklyn and also of the several petty
officers, including the Quartermasters
who were at the wheel during the ac-
ton of Santiago.
Philadelphia, August z7.-The Record
tomorrow will say that Albert II.
O'Brien, a prominent member of the
Philadelphia bar, has been called in as
associate counsel for Rear Admiral
Schley in the coming investigation at
Washington. Last Thursday Mr..
O'Brien was in Washington In consul
tation with Schley's counsel and ma
terially assisted them in the prepara-
tion of the brief for the court of in
Quiry.
During the late sixties he occupied
the post of judge advocate of the West
India fleet and in 1869 was stationed at
Annapolis where Schley was lieuten-
ant commander. A warm friendship
developed there between the two men.
Mr.. O'Brien resigned from the navy in
1875 and took up the practice Of law in
Philadelphia.