The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-08
THE COURT HOLDS ITS
LAST PUBLIC
SESSION
The Entire Time is Devoted
to Captain Lemly's
Address
No COWARDICE SHOWN
Lemly Who has Served Under Schley
Cannot Swallow Potts In
situations.
H CHARGES UssIfADlSEsS OF PURPOSE
Also He Endeavors 10 Show That SchIsy Dis
obsyed Orders. Ler,ly Reads His Care
fully Prepared Address in a
Crowded Court.
(By the Associated Press.J


Washington. Nov. 7.-After sittings,
covering forty days. and with record
which when completed will cover about
tao thousand pages, the Schley Court of
last public session To Captain s. c.
I4emly, the Judge Advocate, had been as
signed the duty of making the closing
argument of the case, and soon after he
had completed his speech Admiral Dewey
bringing his gayel down upon the fiat
table said: There being no further
business, the court is adjourned"
As was the case yesterday when Mr..
Rayner spoke the attendance was large.
There was only one session during the
day. IL began at 2 o'clock, and the en-
tire time was devoted TO Captain Lemly's
ADDRESS. He read his speech in clear and
distinct tones and was given careful at
tention. The speech in the main was an
analysis of the testimony out occasionally
conclusion YVES drawn and frequently
there was criticism of the course pur-
sued by Admiral tthen Commodore)
Schley. Speaking of Commodore Schley's
conduct, Captain Lemly said:
From my knowledge Of the man, hav
ing served under his command on two
cruisers, l have never believed, nor do
claim from the evidence. that personal
misconduct. or, to call spade a spadc,
ccwardice, was exhibited by Commodore
Schley in any part of his career as Com
mander- in Chief Of The Flying Squadron.
passage from Key West 10 Geusuegos.
while st the latter port. en- route to the
southwark of Santiago without settled
destination, in the retrograde movement,
in the return to the vicinity OF Santiago
and in the affair of May 81. the ,-oinmo
dore exhibited unsteadiness iii purpose
and in push and failed 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 Tor
q time about the hall in whicn they re-
Gently have spent so much Of their time,
and there were many agectionate words
of farewell spoken. Admiral Scniey, as
usual, was called upon to receive. the
greetings of a number of admirers ami
hundred or more people waited at the
door of the building to lid him adicu.
LEMLY OPENS HIS ARGUMENT.
Captain Lemly used no formality in be-
ginning his address when the court con-
vened, but. rising quietly from his seat
opposite the president of the tribunal, be-
gan to read. He said at the outside that
his plan contemplated first response to
criticisms OF Admiral Schley's counsel
and then presentation of the subject
in hand on an independent basis. He re-
guestee to be corrected if he should make
amy errors of fact.
Taking UP the case with the testimony
concerning the interview between Admi-
raj Sampson and Commodore Schley off
Key West. before the cruise to Cienfue
gos, he said.
Senior counsel has indicated to the
court certain considerations which should
be taken into account in giving relative
weights to the testimony of Captain
Chadwick and the applicant relative to
the subject matter of the conversation
between Admiral Sampson and Commo-
dore Schlev at Key West May IS. In con-
nection with this. the latter's statements
about this matter made at other times
should be regarded. and particularly his
statement to the Senate Committee on
Naval Affairs and the { nsideration that
at this time neither Admiral Sampson nor
Commodore Schle~ ne" Csntain Chadwick
had any notion the Spanish ships would
go to Santiago
Il ask the court to apply to the appli-
cant as a witness. the well-known rule,
referred to with so much fervor by Sc
nior counsel that where two witnesses
testify with regard to the same matter,
and one of them remembers and the other
merely does not remember the circum-
stances of the matter. or let us say the
conversation, the evidence of him who
remembers must be accepted. II this be
done. then there is little left of the evil
dence given before this court by the ap-
plicant. particularly upon his cross-exam-
ination.''
1T has been intimated by counsel that
had the applicant been otherwise advised
by Captain Sigsbee, or had he been in
any wav advised by Captain Wise, he
might no. have undertaken the retro
grade movement. but both of these Off
GERS testify that when they came up