New-York tribune., 1901-09-10
sCHLEY INQUIRY TO GO ON.
OPENING SESSION on THURSDAY-CAP'
TAIN COOK TO BE FIRST WITNESS.


Washington Sept. 9.-Two members OF the
Schley Court Of Inquiry were at the Navy De-
partment this morning namely. Admiral Dewey.
the president of the court, and Admiral Ben
ham. Admiral Howison has not yet come to
Washington. Admiral Dewey was In conference
with Judge Advocate Lenly for some time re-
specting the arrangements which Captain Lemly
has made for the seating of the press represen-
tatives and spectators in the court room, and as
TO other details
Unless the Presidents condition should change
materially for the the court will meet on
Thursday next, exactly ordered in the pre-
cept and the inquiry will begin at once IL
had been supposed that several days would be
consumed in organizing the court and in dila-
tory adiournments pending the beginning OF
the real work Of the inquiry. The determination
of the court however is to settle down to work
immediately. If objection is made TO any MEM
Der OF the court, that objection probably viii be
disposed of by the court itself in short order
II certainly viii not be allowed to delay the
beginning of the inquiry many hours. much less
days according to the present temper of the
court
During the conference between Admiral
Dewey, president of the Schley court, and Cap
tain Lemly, Judge advocate of the court, at the
Navy Department to-day, IL was arranged that
the sessions OF the court after Thursday, when
the court first assemblies at i O'Clock. should be
held daily from 10 to 10 O'Clock and from 1 to 3
O'Clock, thereab bouts. The court VIII sit con-
tinuously from day to day, Sundays excepted
until the investigation is concluded.
Another officer Of the court was created to-
day by order detailing Captain Henry w.
Carpenter. of the Marine Corps. to duty as
provost marshal Of the court, to preserve order
and decorum. He will also exercise immediate
command over the small squad of marines, de-
tailed to various duties in and about the court
room.
Among the witnesses examined by the Judge
Advocate General to-day was Commander
Schroeder, Naval Governor OF Guam, who was
executive officer Of the batt1eship Massachusetts
in the West Indian campaign, but was not
present at the battle. of Santiago. Other pros
pective witnesses who reported at the Navy
Department are Commander Switzerland, for
merry attached TO the Gloucester, and Lieuten-
ant-Commander Sears Admiral Schey's flag
lieutenant The latter is Admiral Schleys
list of witnesses.
Captain Francis A. Cook who commanded
Admiral Schley's flagship. the Brooklyn in the
Santiago campaign and Lieutenant Command
er Sears spent practically the entire day in close
consultation with Admiral Schleys counsel. It
is understood that Captain Cook will be the first
witness TO take the stand for Admiral Schley.
Buffalo. Sept. a.-Acting Secretary Hackett of
the Navy has been pressing Attorney-General
Knox both by telegraph and letter to appoint
'Ait
Captain Lemly. the judge-advocate of the Schley
court of inquiry. in the conduct of the case be-
fore the court; but the Attorney-General has
declined to take step which he believes would
look like government prosecution of the officer
on trial.
The government, in his opinion, should have
no part in the trial IT is an inquiry under the
Navy Department, made at the request of Ad-
rniral Schley and the government has nothing
to do with il. The President himself recon-
mended Admiral Schley for promotion, and now
for the Department of Justice detail an officer
under it TO assist in the conduct OF the case
would inevitably be construed as desire on the
part of the administration to convict that Of
icer
The Attorney-General was sustained in his
position by all the members of the Cabinet
whom he consulted. The whole question was
gone over carefully at a meeting held in the
Glenny house, adjoining the Milburn residence
yesterday. Attorney-General Knox telegraphed |
his decision to Acting Secretary Hackett yester- |
day.