The times. [volume] (Richmond, Va.) 1890-1903, 1901-11-08
OF the court. had in mind advice given
me by the Secretary of the Navy, after


OF the court. I had in mind advice given
me by the Secretary of the Navy, after
my appointment, rs follows:
.sAdmfral Schley asks for q court OF
inquiry; a perfectly impartial one is con-
stituted. The judge-advocate and any
counsel assisting him are not (and their
duty in this respect is plain in court to
prosecute anybody or to find anybody5
guilty, but to bring out the facts and aid
tll:: court in declaring the truth
WITHOUT FEAR OR FAVOR
Il have endeavored to follow this adj
vice without fear or favor. If have ap-
peared to fail in maintaining that i'm.
partial attitude which l feel and have
always felt toward the applicant, it is
because aggression, however, natural
upor. the earnest counsel. begot. aggres-
SION, and for the further reason that in
many instances throughout the investiS1-
ton honest differences of opinion have
compelled me to be earnestly contentious
in order to adduce what believed to be
material facts. I deem it not inappro-'
pirate that should here remark that the
Naval Department in this matter has
maintained an entirely neutral attitude;
that have not been interfered with by it
in my conduct OF the case: that as the
record demonstrates there has been al
teration of the Departments record; that
officers on duty even in the much-abused
bureau of Navigation have freely testi-
fed in Behalf of the applicant and am
confident that the evidence adduced fully
jUstfies the views of the Department"
VOYAGE TO CIENFUEGOS.
Captain Lemly referred to the delays on
the voyage to Cienfuegos. Commenting
on the interview with Captain Chester, of
the Cincinnati. on this trip. Captain LeInly
said: ALREADY. as appeared from their
~..l-I.
reassurred by Captain Chester. was
troubled in his own mind over coal conoi-
tions and the problem of coaling at sea,
demonstrating that at the very outset he
was borrowing trouble.
Referring to the McCalla signals he said
il was clear that the Marblehead had not
arrived at Key West when the Flying
Squadron sailed and therefore. that these
signals could not have been commune
Gated to Commodore Schley there he
added: There is little doubt that If the
Commodore had upon meeting the Mar
bIehead directed Commander McCalla TO
report on board the flagship, he would
have been fully informed as to the sig
nails But, Independently of any siSnais'
was it not insumbent upon the Coinlno-
dore himself to make effort? was ne
justified in this and in other similar mat
ters, notably later off CientueSos, IN rels
ing solely upon the efforts OF otnels:
NEITHER DISPATCH NOR CAUTION
Considering the voyage from olehius-
Cos. Captain Lemly said:
.-rhe Commodore's orders directed that
he proceed with all dispatch but eau
tioEsly, to Santiago. The great military
necessity at this time was to hnd ana
check the c1emy'S fleet Certainly Tue
Flying Squadron did not leave with DIS
ratcil,5 nor with caution. as shown par
ticularly by the fact with regard TO the
latter condition that she was using the
Ar5,otsssvstern of signal for hours after
getting under way. 1t would appear thae
there was little to prevent Its departure
for the eastward from being discovered
and III due course communicated 10 san
tiago."
Then. having brought the squadron TO
the southwark of Santiago on May zotn,
the Judge Advocate took up the coaliils
Question: Then he considered the retro
grade movement This step he said. had
been undertaken. without sufhcienL OF
decisive steps being taken to ascertain
whether the Spanish fleet was actuaiiS
in the harbor of Santiago, leaving tao
mouth of the harbor unmatched, ana
Ceryera free to escape with the possioit-
ity of his making a descend upon our
coast-the moral. to say nothing OF the
material effect of which it IS Impossible
to over-estimate
COMMODORE RESPONSIBLE
."rhe Commodore was alone responsible
for the retrograde movement. 1t was
his duty to ascertain to a certainty
whether the Spanish ships We're IN the
harbor. an obligation which no negative
information of Captain .SfGsbee could
remove or even modify, and it is :ncon-
ceivable that a positive statement as 20
the contents of a harbor of the we'll
known conformatio of Santiago eould
have been made by Sigsbee.
Here Captain Lemly quoted IN ful'
Commodore Schley's cannot obey or
ders'' dispatch to the Department OF May
9th. and commenting upon It. sara:
"Whether tie Departments instructions
definitely directed. in positive terms. that
the squadron remain off Santiago or
whether It's desire that this should pc
done was simply indicated. appears TO
me- under all the circumstances, TO De
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