New-York tribune., 1901-11-08
SCHLEY INQUIRY ENDS.
C4FTaTN LEILT CLOSES THE
ARGUMENTS.
i5.SOBEDIENCE OF ORDERS, But NO
PERSONAL MISCONDUCT. CHARGED
AGAINST ADMIRAL SCHLEY-
COURT NOW TO MAKE
Up ITS REPORT.
TBY TELEGRAPH TO THE TRIBUNE.I

Washington. Nov. THE Schley court of in
curry has held its last public session 1t was
ordered by the Navy Department on July 70
on an application from Rear Admlral Schles'
dated July D. 1t met on September j. ana III
f5rry-six DAYS has held forty sessions To-day
was devoted TO the closing argument ot cap
tain Ilernlv. the Judge Advocate General Of the
yayv marking the termination of his duties as
Judge advocate of the tribunal Captain Lemiy
read his ca reftilly prepared statement. and un-
dertook no externporaneous comment Before
beginning his argument he spent half an houl
.ritcising and correcting the quotations of facts
from the opposins arguments. which We're for
the most part unimportant. Ing his address
CAPTAIN I.ernIy insisted that he had discharged
mis- duty TO the court in accordance with his
instructions from Secretary Long. not to prose
cute anybody or to find anybody guilty. but to
bring out the facts and aid the court in declar-
ing the truth" He expressed confidence that
tbe evidence fully justified Secretary Longs let
fer 10 the Senate committee nearly three years
ago. which charged Schley with 'unsteadiness
in purpose and in push and failure TO obey
orders"
Summing I'D the case and in conclusion. Cap
tain I.ernly gave the pith of the controversy III
the following words:
From NV knowledge Of the man. having served
,,-5ar his command on two cruises nave never
,,elia,-ad nor do ] claim from the evidence, that
personsI n7isconduct-or to call a space d sl'3ue.
cowardice-was exhibited by Commodore Sciiies .ias
in aay part of his career as commander-ln-chiei
Of tie FLYING Squadron. But supnalt WIN ie
syret that in the passage from Key west 10 SitL-
N,eeos while at the latter port, en- route 10 tie
T@h,rard of Santiago without settled destina-
ton in the retrograde movement in the return 10
the vicinity of Santiago ana IN lhe alLath s o - ~
21 the commodore exhibited unsteadlness IN
nurnoga and In push and failure to oney oIoels
The Characterization Of this conducl Is, nov
eyer for the court / trust that L may be par
7s-1i Won
irnDortance OF the matters before you IS not as
they relate TO any individual. but as they con. On
Germ the naval service. 1t is Tor you ~ Id!
aop, 2 standard Of conduct TO be followeu IN
f,ture similar cases-a standard such as ina ma
set by our great naFaL 30 Io-agt the Por
ters and others a sense Of propriety fofplos
nv mentioning the living
Captain Lemly asserted that Schieys borrower
trouble about coal and other condltlons from inc
outset when he was the way. with inexcusapie
6ilstortness 10 Cienfuegos: that While there ne
as NOT exert himself TO find out whether the
snaniaris had arrived; that he eventually pro-
caeded toward Santiago with neither caution nor
dtsnetcb and that the statements about coaiihs
ba made off Santiago were unwarranted by the
fac+s AGAINST the defence set up for the retro
grade movement. he held that Schley shouio
have ascertained for himself whether CerNefa
,,-as in Santiago instead of depending on Sigsbee
snd others: that no negative Information loili
any one coulG offset the positive responsibility
nlaced on him. and that use should nave oeeli
made Of the experience tardily gained at Zen
.uegos 10 test the presence Of the Spanish lieet
at Santiago by landing men He insisted tha'
-ha disobedience of orders set forth In Schleys s
,7ieratch 10 the Navy Department, regrettlng
i,,,rossit,ility TO obey orders earnestly as We
have all striven." not TO be condoneo as al
error of Judgment. 1t was an error or conduct
The battle OF July 3 declared 10 have oeeh
q CAPTAINS fight. with the feet not under CON
troll Of any one person in the actual engagement
Az the same time he held Schley responsible Tor
the loop which, executed toward lhsteau oi
away from the enemy would not nave So nearly
ca,,s.5 TWO vessels OF the American fleet TO com
,,i, s,ici5e II the Brooklyn's port engine had
taar hacked he contended the turn could have
bea, safely made toward the enemy. and with
manifest advantages The Hodgson correspoh-
dence was left TO the court with slight comment