Evening star., 1901-11-07
shown to be in delaying in bringing himself
into the presence of the enemy.
Confradicfed hy Mr.. Rayner.

| Contradicted by Mr.. Rayner.
| The judge advocate had been talking near
| ly twenty minutes before he was interrupt
| ed in any manner. He had just stated tnat
Admiral Schey had never inquired of Capt.
! McCalla the condition of the shore batteries
| at Cienfuegos and therefore taken no steps
! to carry out his orders to prevent further
| work them, when Mr.. Rayner interrupt
ed him to call his attention to the testimony
which had been taken on that point. Capt.
| McCalla had stated to the court that no
| work had been done on the batteries
| In interrupting the judge advocate, Mr.
| Rayner did so in low tone of voice, and IN
a manner in every way intended to avoid
| friction.
| Shortly after the first interruption the
| judge advocate was interrupted again by
| Mr.. Rayner, when he stated that Admiral
| Schley was the only witness who had testi
| fled that the Ardois signals could not be
| seen more than five or six miles. Mr.. Ray
ner said he wished to call the courts St-
tention to the fact that Lieutenant Com
mander Rogers had also testified on this
| point.
| His Attitude Impartial.
| Captain Lemly said: With the conclu-
sion of the very brief address, with which
l shall close the argument in this inquiry,
my principal connection with it ceases and
| the matter is left in your capable hands.
1 may add, that, while my duties here have
| been arduous and necessarily somewhat
| painful. | proud to have been aSSO
cIated with this distinguished court, which
| is to pass upon one of the most important
| questions ever considered by naval court
"a question, as i defined it in the early
| course of the proceedings, between the ap-
| plicant and the morale of the service. In
| entering upon my duties as judge advocate
| of the court, l had in mind advice given
| me by the Secretary of the Navy soon at
! ter my appointment as follows:
| Admiral Schley asks for a court of in
quiry. A perfectly impartial court is con-
| stituted. The judge advocate and any
counsel assisting him are not (and their
| duty in this respect is plain) in court to
| prosecute anybody or to find anybody
| guilty, but to bring out the facts and aid
| the court in declaring the truth
Il have endeavored to follow this advice
| without fear or favor. If | have appeared
to fail in maintaining that impartial atti-
| tude which | feel, and have always felt,
| toward the applicant, it is because aggres-
| sion. however natural the part of
| earnest counsel, begets aggression, and for
| the further reason that in many instances
| throughout the investigation honest differ
| ence of opinion has compelled me to be
| earnestly contentious in order to adduce
what l believed to be material facts. 1
| deem it not inappropriate that l should
| here remark that the Navy Department in
| this matter has maintained an entirely neu-
| tral attitude; that | have not been inter-
| fered with by it in my conduct of the case;
| that, as the record demonstrates, there has
| Deen no ALTERATION OF the department rec
| ords; that officers on duty, even in the
much-abused bureau of navigation, haze
| freely testified in behalf of the applicant;
| and l am confident that the evidence ad-
| duCed fully justified the views of the dc
| partment. set forth in it's reply of Febru-
| airy 6, 1899, to the Senate committee on
naval affairs, wherein it is said of Commo-
dore Schley, referring particularly to he
naval battle of July 3, 1898:
" Where much was achieved In this
| eliminating battle and where his ship was
| such a conspicuous force in the fight, his
| conduct while in Independent command
| prior to June l, the record of which has
| been given above, and which, by reason of
| it's unsteadiness in purpose and in push
| and in failure to obey orders, did not meet
! the approval of the President and the de-
partment. was yet not permitted to stand
in the way of his nomination for promotion
to a higher grade for the part he took in
the final triumph" "
Captain Lemly then said that the volumt-
nous evidence had been so fully treated in
all it's bearings that 1t was not his purpose
to enter upon a detailed discussion of it.
| Beginning with the passage of the flying
squadron from Key West to Cienfuegos in
| search of the Spanish fleet under Admiral
| Cervera, he said that while the speed set
| by the applicant from Charleston to Key
| West and Cienfuegos was but ten knots,
under the then existing conditions of
| wind and weather greater speed might
| have been maintained. Other delays Of
| this voyage were also referred to. 1t
|
| Commodore Schley's orders required that
! the blockade of that port be established
| with the least possible delay.
Reference was made to the interview with
| Captain Chester of the Cincinnati on this
| trip, and Captain Lemly said:
| Already, as appeared from their CONVEX
| sation, Commodore Schey, though reas-
| sured by Captain Chester, was troubled in
| his own mind over coal conditions and the
| problem of coalng at sea, demonstrating
| that at the very outset he was borrowing
| trouble"
The McCalla Signals.
| Referring to the McCalla signals he said
| It was clear that the Marblehead had not
| arrived at Key West when the flying squad
ron sailed and therefore that these sig
| nails could not have been communicated to
| Commodore Schley there. There is little
| doubt however" he added, that If the
| commodore had, upon meeting the Marble
! head, directed Commander McCalla to re-
| port on board the figship he would have
| been fully Informed as to the signals. not
| withstanding the commanders declared
purpose to preserve them with much Sc
| crecy as practicable for the protection OF
| the insurgents themselves But, independ-
| emily of any signals, was 1t not incumbent
upon the commodore himself to make ef-
| fort? Was he justified in this and in other
similar matters. notably later off Santiago,
| in relying solely upon the the efforts of
others?
The fact however is clear, he said, that
the applicant did receive a copy of the
| McCalla memorandum at Cienfuegos at
| least by S:l5 o'clock the morning of
! May %; and although, by reason of Com
| mander McCalla's caution, the signals,
| which he did rot wish 10 place in writing
| were not embodied in this memorandum
| such full information was contained there
| in showed that the insurgents in the
| vicinity of Cienfuegos were accessible to
| communication, and that they had perfect
| knowledge of what was going on within
| the city. He also said that the evidence Is
| full as to the condition of the weather and
sea off Cienfuegos and that the log books
| of the vessels while there from the I'D to
the oath of May, inclusive, do not record
bad conditions in these particulars, but in
| dictate. on the contrary, that they were
| good.
| Capt. Lemly said that as the arrival of
| the Adula was purely accidental little
stress should be laid upon the misplaced
| confidence with which it was assumed that
| that vessel being allowed to go in would
| be permitted by the Spanish authorities to
return with information as to whether Ad-
| miral Cervera's squadron was or was not
| located within the harbor-this particularly
! in view of the fact that hostile fleet was
| outside. THE episode Of the dove sent out
| from the ark was not repeated with sue
1 hn onf6