The age-herald., 1901-11-08

necessarily will come into frequent an,
 and the military commanders left by tn
 Minister wu was a protegee of u
 in the death of his protector and patro
 many enemies in the Chinese court. whi
 MT. Wu for some time was Earl Lrt
 perintended, while acting in that capa.
 railroad.
 <<<<>-><-<~<e-<<<-~ tiago since May 21. This information of Sigsbee's men. meant that if the Span ish squadron had been there in the first place 1t had not left. The dispatches will clearly show that there was no doubt as to the Spanfards having been at Santia- go, the only doubt that ever existed was as to whether they had left
 Tt mas been intimated by counsel that had the applicant been otherwise advised by Captain Sigsbee. or had he been in any way advised by Captain Wise, he might not have undertaken the retrograde movement, but both of these officers tes- tiry that when they came up with the nying squadron the retrograde movement was already begun, and Sigsbee has tes- tined that the questions principally dis cussed on board the flagship were not of the whereabouts of the Spanish fleet but the question of coaling. The dis
 
 1 confirms this witness With a purpose so fixed in the commodores mind, 1t is like ly that advice on the part of Sigsbee and Wise to remain at Santiago would not be construed by counsel In the same man. ner in which they appear to have regard ed Hodgson's caution to Commodore Schley as to the proximity of the Texas; in other words. 1t might now be con- strued as an unseemly protest. As to the question of dia0heHfanCa of orders" continued Captain Lemly "coun- sel has properly stated that report that orders would be disobeyed does not con- stitute disobedience Commodore Schley's conduct Is being scrutinized in the light of the facts and not along in the light of the statements which he made con- corning his intentions. Counsel has cited the disobedience of Nelson; but at Co., penhagen Nelson disobeyed orders and went for the enemy. The applicants dis obedience. if proved, will be shown to be in delaying in bringing himself into the presence of the enemy
 | Captain Lemly earnestly defended the witness that Admiral Schley's counsel | had discredited
 | Speaking of the alleged colloquy on the Brooklyn during the battle Captain Lemly said:
 'As to the testimony upon the point whether this substantial exchange of re-
 
 sons sworn statement before this court his statement in the investigation before | Captain Chadwick and his several letters l to the applicant in which he adheres to the substantial accuracy of the news | paper report as printed"
 PAYS TRIBUTE
 TO INQUIRY COURT.
 | With the conclusion of the very brief | address with which I shall close the ar gument in this inquiry continued Cap tain Lemly, my principal connection | with it ceases and the matter Is left in | your capable hands. I may add. that | while my duties here have been arduous | and necessarily somewhat painful, l am | proud to have been associated with this distinguished court, which Is to pass | upon one of the most important questions | ever considered by naval court-a ques- ton as I defined it in the early course of | the proceedings between the applicant l and the morale of the service. In enter | ing upon my duties as judge advocate | of the court l had in mind advice given me by the Secretary of the Navy soon | after my appointment as follows:
 Admiral Schiey asks for court of | inquiry. A perfectly impartial court is constituted. The judge advocate anu any counsel assisting him are not (and their | duty in this respect is plain) in court to
  to bring out the facts and aid the court in declaring the truth
 q have endeavored to follow this advice without fear or favor. If have appeared to fail in maintaining that | impartial attitude which feel and have | always felt towards the applicant, 1t Is | because aggression, however. natural on | the part of earnest counsel. begets az gression and for the further reason that in many instances throughout the in- vestigatton honest differences of opinion, has compelled me to be earnestly con- tentious in order to adduce what bc:iey- ed to be material facts. I desm i. not inappropriate that l should here remark | that the navy department in this matter has maintained an entirely ventral atti- 1 tude that I have not been interferred | with In my conduct of the case; that as | the record demonstrates there has heen no alteration of the departments records; tha officers on duty even in the much abused bureau of navigation have freely testified in behalf of the applicant; and am confident that the evidence adduce d fully Justified the views of the derart- ment, set forth in it's reply of February 6 1S99 to the Senate . ,mmittee on Ma val Affairs. wherein it Is said of Commo- dore Schley, referring particularly to the naval battle of July 3. 1898:
 Where so much was achieved in this eliminating battle, ana where HIS snip was such conspicuous force in the fight, his conduct while in independent command prior to June 1. the record of which has been given above, and which by reason of It's unsteadiness in purpose and in push and in failure to obey or ders did not meet the approval of the President and the department, was yet not permitted to stand in the way of his nomination to a higher grade. for the part he took in the partial triumph
 SHOULD HAVE KEPT
 | UP BETTER SPEED.
 Captain Lemiy then said that the vo- luminous evidence had been so fully treated In all its bearings that it was not his purpose to enter upon detailed discussion of it. Beginning with the pas- sage of the flying squadron from Key West to Cienfuegos in search of the Span- ish fleet under Admiral Cervera, he said that while the speed set by the applicant from Key West and Cienfuegos was but ten knots, under the then existing con ditions of wind and weather greater speed might have been maintained. Other delays of this voyage were also referred |