The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-13
SCHLEY IS UPHELD
DEWEY AND BENHAM SUSTAIN PRO-
TEST AGAINST HOwIsON.
Naval Court of Inquiry Therefore Ad-
ment of Another Member.
SESSION OF THREE HOURS
REAR ADMIRAL SCHLEY CHAL-
LENGEs HOwIsoN's ELIGIBILITY,
Counsel Introduces Three Witnesses
to support Charge of Partial
ity Toward Sampson.
HOWISON MAKES REJ0INDER
AND IS CR0ss-EXAMINED INFINITELY
BY ATTORNEY RAYNER,
Then Dewey and Benham Retire for
Fifteen Minutes and Decide
Howison Is Disqualified.
SUCCESSOR NOT YET CHOSEN
REAR ADMIRAL BROWN MAY BE
ASKED TO FILL VACANCY.
Dewey Is Said to Have Sounded
MiIIer-LemIy's Outline of
ScOpe of Inquiry.
Then Dewey and Benham Retire for
Fifteen Minutes and Decide
HOwisOn Is Disqualified.
SUCCESSOR NOT YET CHOSEN
REAR ADMIRAL BROWN MAY BE
ASKED TO FILL VACANCY.
Dewey Is Said to Have Sounded
MiIIer-Lemly's Outline OF
Scope of Inquiry.
naDolis Journal.

Special to the Indianapolis Journal
WASHINGTON, Sept. 12-Rear Admiral
Howison will not serve as a member of the
Schley court of inquiry. This was the de-
cision of Dewey and Benham to-day. Ad-
niral Dewey telegraphed Rear Admiral
Miller tonight at his home in New York
and asked if he would accept the third
place on the court. If he declines it is I'M
derstood Rear Admiral Brown, of Indian
apolis, will be asked to accept a place on
the court Rear Admiral Brown was in the
city about a week ago. 1t was known posi-
lively at that time he had said nothing
about the case, and he has said nothing
since. He is the only retired officer living in
an interior town and he has kept away
from the heated discussions which have at
tended this case.
The rejection of Rear Admiral Howison
was to be expected to-day. 1t is claimed as
u great victory by the Schley people In
discussing it Attorney Raynor said to-
night: There was no sentiment about
the fight. 1t was a practical effort with
great respect to Admiral Howison to get
him off the court. He was treated delicate
~ on cross-examination No charge what
ever against his integrity was made, but
he had expressed opinions to one person
after another against Admiral Schley which
would have thrown upon us the burden of
proof to relieve his mind from the preju-
10 raj Va nd
fore, as a signal victory at the threshold
of the case Admiral Dewey and Rear Ad-
miral Benham are splendidly qualified for
the work before them and by giving us a
third man of the same type we will be in
sured fair trial. That simply means that
the court will finally sustain the verdict in
favor of Admiral Schley, which has al
ready been rendered by the unanimous
sentiment of his peers. Admiral Schley has
no choice as to whom the third member
shall be. Any man whose mind has not
been warped and poisoned and who can
give us an impartial trial is the man we
want"
The Sampson following is inclined TO re-
gard the assertion of Capt. Lemly, judge
advocate general. that the Sampson contro-
versy would not be permitted to show its
head Is the most important development
OF the day. There is very good reason for
believing that Lemly represents the senti-
ment of Dewey and Benham. Mr.. Raynor
followed Mr.. Lemly's statement with the
declaration that every effort would be
made to force the court to decide who was
deserving credit of winning the battle The
court will resist this effort and an inter
esting fight is sure to follow.
There are now on the retired list thirty
nine rear admirals, according to the latest
register. Two of these, namely, AdrniraIs
Kimberley and Howison, have been elimi-
mated as possible members of the court.
There is reason to believe that before turn
ing to Admiral Howison the Navy Depart
ment sounded several other officers on the
list who for reasons not made public were
excused. Nevertheless, both the govern
ment and Admiral Schley's counsel believe
there is plenty of good material in this
list of retired admirals from which the
court can be filed Gossip runs over a
number of names which were suggested at
an earlier stage when Admiral Kimberly
was relieved, but there is no way Of learn
ing just who the department has in
mind. One name frequently mentioned is
that of Admiral James Z. Jouett who is
now at his home in Orlando, Fla. Another
is that of Admiral Bancroft Gherardi, now
at East Orange, N. J., while right here in
Washington there are Admirals Erwin,
Selfridge and Weaver Some inquiry is be-
ing made also about the availability of
Admiral George Brown, who is in Indian
apolis- Admiral John Walker has a good
excuse from serving in the necessity for
completing the report of the isthmian canal
commission, of which he is the head, and
there is a suspicion that Admiral Ramsey
already has declined.
Upon one or two previous occasions Ad-
miral Browns name has been mentioned
In connection with the Schley court of in
quiry, but he has relisiously refused to
discuss the matter. 1t is understood, how
ever. that he would be willing to serve If
called upon for such duty.
PROCEEDINGS OF THE COURT.