The daily morning journal and courier., 1901-09-13
HOWISON IS EXCUSED

(Continued from First Page.)
 cent a fiutter of agitation throughout the court room. There was buzz o1 animated comment and Admiral SchleJ exchanged looks of satisfaction witt his counsel Admiral Dewey at once closed the proceedings of the day by announcing that the court would ad- journ indefinitely until the navy depart ment had named an officer to succeed Howison.
 Admiral Schley and his counsel en- tered the court at 12:45.
 At one o'clock the formal session of the court of inquiry was began.
 When the court was called to order all the members were present. Admlra Dewey occupied a position at the cen ter of the court table, and was flankeo on either side by Real Admirals Ben ham and Howison, the associate mem bers of the court. Admiral Schley and his counsel had arrived only few min utes before this time, and they occu- pied seats within the railing, at table set apart for them. All the naval off cials, including the members of the court and Admiral Schley were in off, ciA undress uniform. An admirals sa- 1ute of seventeen guns was fired as the court convened.
 Admiral Dewey simply said in con- vening the court: 'The court is open Immediately after the court convened the members retired at the instance or Judge Advocate Lemley to decide whether the court should sit with open or closed doors, Admiral Dewey an- nouncing that this order would be fol- lowed instead of clearing the court room.
 The court was absent about fifteen minutes and when it returned the pro- ceedings began in view of the pubic without formal announcement.
 The first matter brought to the at tention of the court was Admiral Schley's letter requesting the court of inquiry. This was read by Captain Lemly.
 Twenty minutes before the court was to convene a large automobile whirled up to the building with Admiral Schley, the central figure of the pro- ceedings, accompanied by his counsel, and the witnesses who were to be of fered in connection with the challenge or AuInlTdl I1OWlSOIl dS lo HID CiiS ipiiitJ to serve as member of the court.
 As the automobile circled around and the counsel began to alight, one of them cheerily called out to Representa- tive Wachter of Baltimore, who hap pened to be near:
 "Did you see us make that loop?'
 Admiral Schley was the last to alight He was cordially greeted by Rear Ad- miral Terry commandant of the yard, and in return Admiral Schley clasped both shoulders of the commandant and gave him a hearty return to his well come.
 At 1:3O D. m. Admiral Schley arose and said that with extreme regret he was obliged to challenge Admiral How ison as a member of the court
 The following is the full text of Ad- miral Schley's challenge of Admiral Howison as member of the court.
 Rear Admiral w. s. Schley, in the exercise of his legal right of challenge, objects to Rear Admiral Henry l.. Howison upon the grounds:
 1. That Rear Admiral Henry L. How ison has already formed and expressed an opinion on the merits of Schley, thereby indicating bias and that he is therefore ineligible for service as member of this court.
 9. That Rear Admiral Henry L. How ison has already formed and expresse an opinion on the merits of the case about to be investigated adversely to said Rear Admiral w. s. Schley; thereby indicating a base and preju- dice which renders him. said Admiral Henry L. Howison, ineligible for ser vice as member of this court.
 3. That Rear Admiral Henry l.. How ison has, in connection with the sub- feet matter about to be investigated, expressed an unfavorable opinion on the personal and professional charac- teristics of said Rear Admiral Schley. thereby indicating a bias and preju- dice which renders him, said Rear Ad- miral Howison ineligible for service as a member of this court.
 4. That Rear Admiral Henry l.. How ison, in connection with the opinion formed and expressed by him upon the merits of the case about to be investi- gated, has instituted and announced a comparison between the acts and per sonal and professional characteristics of the principal parties to the present issue, viz: Rear Admirals Sampson and Schley, to the disadvantage and disparagement of the latter, thereby indicating a bias and prejudice which renders him, Rear Admiral Henry l.. Howison, ineligible for service as member of this court.
 Mr. Frost opened his testimony by ex- plaining the nature of his duties in se- curing news from the Charlestown navy yard. He then detailed the converse tion he is said to have had with Ad- miral Howison. This occurred, he said in the commandants office, and while it had not been given with the distinct that 1t should be pub lished there was no injunction to secre- cy.
 Publications had begun to appear the credit for the victory This had been referred to during the witness visit to Admiral Howison and | in reply the admiral stated, so the wit ness testified, that Sampson was en- titled to the credit, of the victory at Santiago. Admiral Howison described | the duties which had devolved on Samp- son; how vessels had been placed off | the entrance of the harbor to guard | and retard the escape Of the Spanish l fleet. Witness said that Admiral | Howison stated that if the American | fleet had been defeated Admiral Samp- |