Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-09-13
CHALLENGE Of HON|SOA
SUSTAINED BY The COURT.
NAVY DEPARTMENT WILL BE
CALLED UPON TO NAME AN
OTHER MEMBER.
THE DECISION CAME QUICKLY
AND CAUSED A FLUTTER OF Ex-
CITEMENT-SCHLEf
Lf PLEASED.

C~OuScuiuB Tie COuTI VI luduii to-uoy'
1t was announced that Rear Admiral
Howison was disqualified from serving
as a member of the court and was ex-
cused from further duty. This brought
proceedings to an abrupt termination
and caused a temporary adjournment
of the court in order to permit the
Navy Department to designate an Off
Ger to succeed Admiral Howison. No
further session is probable until early
next week.
It had been expected that little Of
fetal business would be accomplished
on the opening day and the prompt de-
cision as to Admiral Howison came
somewhat as a surprise.
Admiral Dewey and Admiral Schley
naturally were the premier figures in
popular interest. The latter had about
him a distinguished party OF counsel,
including Hon. Jere Wilson, attorney
general Isidor Rayner, of Maryland, and
Captain James Parker, with Mr..
league, acting as advisory counsel.
The German naval attache, Captain
MISUNDERSTANDING, occupied one OF tie
seats in the public area and the number
of wives of naval officers present was
noteworthy.
A salute of seventeen guns in honor
of the admiral of the navy, marked the
opening of the proceedings at l o'clock.
The usual formalities on the opening OF
a court were transacted with dispatch.
The first skirmish was opened by Ad-
miral Schley rising from his seat and
speaking in strong voice, calmly and
deliberately, challenging Admiral How
ison's eligibility as a member OF the
court. Three witnesses were brought
forward in support of this challenge,
namely Mr.. Francis S. Frost, Mr.. Will
lam T., Spon, and Mr.. Foster Nichols.
They gave very positive testimony as
to expressions they had heard Admiral
Howison make favorable to Admiral
Sampson and unfavorable to Admiral
Schley.
Mr.. Frost testified to a statement Ad-
miral Howison had made to him at
Boston while the witness was seek
ing news as a reporter. Mr.. spon told
OF remarks made while he and the ad-
miral were journeying back to this
country from Europe on a trans-At-
lantic steamer and Mr.. Nicholis's con-
versation occurred during a business
call at Admiral Howison's private res
idence at Yonkers, N. Y.
On concluding this testimony, the
question arose wherter Admiral How
ison would !oin issue with til, state
ments made by the witnesses or
would rest on his privilege to withhold
any answer until he chose to submit
it. The admiral met the issue by
turning at once to Admiral Dewey and
announcing that he would make a
writ of rejoinder to the statements OF
the three witnesses. This rejo,nder
he prepared very speedily. While
conceding the accuracy of sblae points
IN the evidence, it threw considerable
doubt on other points and discla.med
any recollection Of the talks said to
have taken place on the transatlantic
steamer.
1t was no sufficient, however. to
counteract the very direct testimony
given by the three witnesses and,
moreover, the admiral himself, in con-
GLIDING his statement, Indicated plain
ly that lie hal 40 desire to remain On
the court and was there simply in
obedience 10 orders. He ever appeal
eG to his associates on the court to
decide all doubtful questions as to his
eligibility in favor of Admiral Schley.
Before submitting the challenge to
the determination Of the court, Mr..
Rayner cross-examined Admiral How
ison very infinitely as to his personal
sentiments towards Admiral Sampson
and Admiral Schley and developed
that Admiral Howison had expressed
certain definite convictions as to Adj
miral Simpsons retention of author
ity and responsibility, even when he
was absent temporarily from the fleet
at Santiago.
The challenge then was submitted
to the court, which, under the circum-
stances, was narrowed to Admiral
Dewey and Rear Admiral Benham to
PASS upon. After hardly more than
fifteen minutes spent in retirement to
the consultation room of the court,
Admiral Dewey briefly announced that
the court sustained the challenge and
that Admiral Howison would be ex-
cused from further attendance.
The decision came so quickly and
Unexpectedly that it sent a lutter of
agitation throughout the court room.
There was a buzz Of animated com
ment and Admiral Schley exchanged
looks of satisfaction with his coun-
sci.
Admiral Dewey then at once closed