Evening star., 1901-08-27
SIMPSONS COUNSEL
Admiral Retains q. M. Stayton to
Represent Him.
EXPERIENCED In NAVAL LEGAL USAGE
Admiral SchIey is Furnished Ten
tative List of Witnesses.
; CAPTAIN FORSYTH'S TALK

1t Is practically settled that Admiral
Sampson will be represented before the
Schley court of inquiry by counsel. The
Navy Department officials say that they
have no official knowledge on the subject
and point to the fact that the court of in
quiry is the only body authorized to admit
or debar counsel In such cases.
1t may in its pleasure deny the officer
under investigation the privilege of having
counsel present before the court, or, on the
other hand, it may go to the length of per-
mitting persons in secondary interest the
privilege of employing counsel before the
court. So the officials say that they have
no knowledge officially of the retention of
counsel by Admiral Sampson, but privately
1t Is admitted that he expects to be so rep
resented.
This afternoon 1t was learned that Mr..
w. III. Stayton Of the law firm of Stayton
& Chambers of New York was expected at
the Navy Department tomorrow, and it is
concluded that his purpose is to consult
the records of the department in the in
terest 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 Ma
rine Corps Showing decided legal abili-
ties he was detailed to duty in the office
of the judge advocate general, then headed
by Captain Remey. and afterward served
principal assistant to Judge Advocate
General Lemly for about four years.
In this position he was connected with
most of the important courts-martial and
courts of inquiry that were ordered by the
Navy Department during that period and
attained an excellent reputation. Then he
resigned his commission in the Marine
Corps to embark in private law practice in
New York, giving up most of his time to
the practice of admiralty law and the de-
fenSe of cases before naval cOurts-martial
and courts of inquiry.
Witness List Sent Admiral Schley.
The Navy Department today, through
Captain Lemly, the judge advocate of the
court of inquiry, supplied counsel fer Ad-
nral Schley with tentative list Cf wit
nesses to be called before the court by the
government. The department declines to
make this list public, but it is understood
that it contains, and, in fact. is headed by,
the name of Rear Admiral Sampson. 1t Is
not even possible to learn the number of
witnesses named, but it 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. Also. 1t is
stated it is probable that new names will
nation as the inquiry proceeds. so that this
first list is purely tentative.
Capt. FOrsyth's Interview.
After further consideration of the sub
ject the officials of the Navy Department
concluded to take cognizance of the alleged
statements made by Captain James NJ.
Forsyth in an interview published in Kan
sas City, in which he was represented as
saying that the whole Sampson-Schley
trouble originated in the action of the de-
partment in selecting a Junior officer TO
have command of the naval campaign in
the West Indies
This statement. if made. was a criticism
of the appointment of Sampson over the
head of Admiral Schley and other officers
who We're his seniors in rank Acting
Secretary Hackett has written official
tention to the published interview and
asking if he made the statements attrib-
uted to him. 1t Is understood that he act
ing secretary also refers to the order re-
Gently issued by Secretary Long prohibit
ing naval officers from discussing the
merits of the Sampson-Schley controversy.
II Captain Forsyth admits the authentic
ity of the published interview he will be
expected to make some explanation of his
conduct 1t is not expected that Captain
Forsyth will be heard from on the subject.
however. for several days, inasmuch he
Is on the road between Kansas City and
Philadelphia. The departments letter was
addressed to the officer at his home In
Philadelphia, and will not be delivered un-
til he arrives there AS Captain Forsyth
expects to remain In st. Louis several days
en- route. it is not likely he will receive the
communication before the end of the week.
Answer Awaited with Interest.
His answer is awaited with considerable
interest. as his Is the first case of the kind
to arise since the PRONUNCIATION of Secretary
Longs order against the discussion of the
Sampson-Schley case by naval officers.
In case Captain Forsyth admits he made
the statements attributed to him he will be
undoubtedly officially reprimanded, as was
done in the case of Captain F. E. Chad
wick, who published an interview about a
year ago attacking Admiral Schey in Sc
we're terms.
Captain Forsyth will retire for age In
September, and Is now on his way to his
home TO await retirement.
Admiral HOwisOn's Course
SO far as could be learned today there is
no change whatever in the status of Rear
Admiral Howison. and unless there is a
change in the present plans OF the Navy
Department in the meantime he will re-
port in this city on the 18th proximo for
duty member of the Schley court of
inquiry. The expectation in some quarters
that Admiral Howison will ask to be re-
lieved from such duty in the interests of
peace and harmony has not yet been real
lied.
AS has been already stated. the Navy De-
partment is entirely satisfied with his COM
potency as member of the court, and will
make no further change In the personnel of
that body unless Admiral Howison some
other member of the court asks to be re-
heved. 1t Is equally well established that
unless Admiral Howison voluntarily retires
In the meantime or publicly disavows the
interview with him recently published In a
Boston paper. showing clear bias in favor
or Admiral Sampson, the counsel of Ad-
miral Schley will officially challenge him
when the court convenes on the 18th prox-
imo.