The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-11-12
SCHLEY DID NOT ACT COWARDLY
Iemly Magnanfmous Enough to Admit
This, But Thinks Him Guilty OF All
Other Char ges of the Precept-His
Speech Read From Manuscript.
Chiefly Analysis of Evidence, With
Criticisms of Schley's Con-
duct-Boasrs of His Own Fairness
and Impartiallty

record which When completed Will cover
about 1000 pages, the Schley court OF
inquiry today at 3:45 p. m. adjourned
its last public session.
To Captain S. c. Lemly, the judge adj
vocate, had been assigned the duty Of
making the closing argument of the
case, and soon after he had completed
his speech Admiral Dewey, bringing
his gavel down upon the big fiat table
said: There being no further business
the court is adjourned"
AS was the s yesterday when Mr.
Rayner spoke the attendance was large.
There was only one session during the
day. 1t began at 2 o'clock and the en-
tire ume was devoted to Captain Lem
ly's address. He read his speech in
clear and distinct tones and was given
careful attention. The speech, in the
main. was an analysis of the testi-
mony, but occasionally a conclusion was
drawn and frequently there was crit
icism of the curse pursued by Admiral
(then c~ommodore) Schley. Speaking OF
Commodore Scnley'S conduct Captain
Lemly said:
From my knowledge of the
having served under his command on
two cruisers / have w believed, nor
dc 1 believe from the evidence, that
personal misconduct, or, to call a spade
a spade. c~owardice, was exhibited by
Commodore Schley in any part of his
career as commander-in-chief of the
flying squadron: but / submit with re-
greet that in the passage from Key West
to C~ienfuegos, while at the latter port,
en- route to the southwark Of Santiago
without settled destination, in the re-
trograde movement, in the return to the
vicinity Of Santiago and in the affair or
May 31st, the commodore exhibited un-
steadiness in purpose and in push, and
failure to obey orders"
This statement was made toward the
close of Captain Lemly'S remarks.
After adjournment the members Of
the court, Admiral Schley and counsel
fingered for a time about the hall IN
which they recently nave spent so much
of their time, and there were many
affectionate words of farewell spoken.
Admiral Schley, as usual, was called
upon to receive the greetings of a num-
Der of admirers and a hundred or more
people waited at the door Of the build
ing to bid him adieu.
CAPTAIN Lemly used no formality III
beginning his address the court
convened, but rising quietly from ms
seat opposite the president of the trlpu-
nal, began to read. He said at the OUT
set that his plan contemplated, first, a
resDonse to criticisms of Admiral
Schley's counsel and then a presenta-
ton of the subject in hand on an IN
dependent basis. He requested 10 De
corrected if he should make n errors
of fact.
THE CONVERSATION WITH SAMP-
SON.
Taking up the case with the testl-
mony concerning the interview betWeen
Admiral Sampson and commodore
Schley off Key West before the cruise
to C~ienfuegOs. he said:
"Senior counsel has indicated TO the
court certain considerations Whlch
should be k into account IN giving
relative weights to the testimony ot
Captain Chadwick and the applicant
relative to the subject matter OF the
conversation between Admiral Samp-
son n Commodore Schley at KY
West May 2Sth. In connection with
this. the latter's statements about TINS
matter made at other times should De
regarded, and particularly ms state
ment to the Senat mmltt on naVal
affairs, and the consideration tnaI at
this time neither Admiral Sampson nor
Commodore Schley nor Captain Chad
wick had any notion the spanish snlps
would go to Santiago.
81 ask the court to apply to the ap-
pIicant as a witness the rule,
referred to with sc much ferVer by
senior counsel, that where two Wit
nesses testify with regard to the same
matter, and one of them remember
and the other merely does not remem-
her the circumstances of the matter, or
let US say the conversation, the evil
dence of him who remembers must be
accepted. If this be done, then there
is little left of the evidence given be-
fore this court by the applicant partlc-
ularly upon his cross examination.
"It has been intimated by counsel
that had the applicant been otherwise
advised by Captain Sigsbee, or had he
been in any way advised by Captain
Wise, he might not have undertaken the
~retrograde movement; but both OF
these officers testify that they
came up with h flying squadron the
~retrograde movement was already De-
gun, and Sigsbee a testified that the
questions principally discussed on board
the flagship were not of the where
bouts of the Spanish fleet, but the
question of coaling. The dispatch sent
on the morning of May 9th confirms
this witness. With a purpose so fixed
in the commodore's mind, it is likely
that advice On the part of Sigsbee and
Wise to remain at Santiago would now
be construed by counsel in the same
HlduuGT III WHICH lACy dPP%o
regarded Hodgson's caution to Commo-
dore Schley as to the proximity OF the
Texas: in other words, it might now
be construed as an unseemly protest.
DISOBEDIENCE OF ORDERS.
GAS t the question of d~isobedience
of ORDERS" said Captain Lemly, "coun-
sci has properly stated that a report
that orders would be disobeyed does
not constitute such disobedience. Com
modore Schley's conduct is being scru-
tinized in the light Of the facts. and
not alone in the light Of the statement
which he made concerning his inten-
lions. Counsel has cited the disobedi-
enc of Nelson, but at Copenhagen he
disobeyed orders and went for the enc
my. The applicants ~disobedience, II
proved, will be shown to be in delaying
in bringing himself into the presence
of the enemy"
A WORD AS TO HIMSELF.
In the course of his argument Cap
tain Lemly said: while my dutie:
here have been arduous and necessar1l.
somewhat painful, 1 am proud to haV,
been associated with this distinguished
court which is to pass upon one OF tn