The Washington times., 1901-07-31
KIMBERLY CANNOT SERVE.
To Be Excused From the SchIey
Court Because of Ill-Health.
His Place to He Filled by n Rear Ad-
miraI ON the Retired List-Basis
of The Charges of FlngiDrism
Against Edgar stanton MacIay.

OF The Charges OF flnSinrtsn
Against Edgar stanton MacIny.
Rear Admiral Kimberly. who was desig
mated by Secretary Long as a member of
the Schley Court of Enquiry, has written
| to the Secretary asking to be relieved from
| duty and assigning as the reason for his
request the fact that he is in i'll health.
| Admiral Kimberly is at his home in Mas
sachusetts and has not been well for sew
| eraI weeks. Ii was thought that his ill
| ness was only temporary and that he
would be in condition to serve by the mid
die of September. He does not feel strong
enough. however, to undertake the trying
task of hearing all the evidence which
will be adduced in what is expected to be
a long drawn out enquiry. and in conse-
quence has asked to be relieved.
In view of the excuse offered Secretary
| Long viii withdraw Admiral Kimberly's
! name and select some other rear admiral
| on the retired list. There are a number
! who are eligible, but the general belief Is
| that Admiral Ramsay will he chosen He
! was seriously considered when Secretary
| Long first began the work of making up
the court Admiral Luce and Admiral
/ Belknap are also mentioned as possible
members in place of Admiral Kimberly
serve however.
Secretary Long left yesterday morning
upon his annual vacation, "hich he Will
spend for the most part at his home in
Hingham Mass. Before his return he
will make a visit to Maine. Assistant
Secretary Hackett is expected home to-
morrow, and during the absence of Sec
retary Long will act as the head of the
Navy Department. Admiral Crownin-
shield the Chief of the Bureau of Navi-
CATION. who was Acting Secretary of the
Navy yesterday, stated that he had not
seen the letter which Admiral Schley is
said to have written to Secretary Long
making objection to the wording of the
fifth point in the precept in which Ad-
miral Schley is directly charged with dis
obeying the orders of the Department 1t
is admitted. however. that Admiral Schley
has written to Secretary Long regarding
the precept. copy of which was mailed
to him, but its contents have not yet been
divulged.
Admiral Dewey and Rear Admiral Ben
ham were at the Navy Department yes
teriay Both have acknowledged to the
Department the receipt of a copy of the
precept. and both will serve on the court.
Capt. James Parker, of New Jersey. re-
tired naval officer who has been engaged
by Admiral Schey as assistant counsel
in the preparation OF his ease. was at the
Navy Department Yesterday. and upon
request of his client was allowed to ex-
anime all of the papers and records of
the department relating to the Santiago
campaign. He spent the day 1t the de-
partment. looking over the logs of the
various vessels and the reports of officers
affecting the case of Admiral Schley.
Considerable interest has been aroused
over the charges of plagiarism brought
against Z. S. Maclay, author of the
history OF the navy in the third volume
of which the attacks on Admiral Scbley
appear. The charges have been denied
by Maclay, but the New York CONNER
cial Advertiser of yesterday afternoon
prints the following:
Edgar Stanton Mac'ay, author of the
History of the American Navy" whose
attack on Rear Admiral Sehley in the
third volume of. his work has stirred up
so much feeling between the two camps
in the Sampson-Schley controversy. has
been charged with plagiarism. In speak
ing Of the capture of the American ship
! F'rolic. Joseph cambridge. master, by the
British in 1914 Mr.. Maclay is declared TO
have practically reprinted passage from
an article on the English and American
navies in the Edinburgh Review for
April, 1870 without giving the original any
credit. The passage in question is a de-
fence Of the Americans by the anonymous
autuor Of the magazine article against an
attack made by James, the English his
tOrian. on the officers of the Inflated ooat.
James says: we should not have Acsi-
tated to call a French, or even q British
captain who had acted as Master Balm
bridge. Of the United States Navy. did in
this instance q coward
The words which are quoted in the
Edinburgh Review' article are also prac-
tically reproduced in a footnote To page
= Vol. II, of Mr.. Maclay's work, preced-
ing few lines of comment from the au-
thor of the History of the American
Navy" Following are Mr.. Maclays words
in this footnote and the passage in the
Edinburgh Review"