The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-13
.SCHLEyS CHALLENGE
OF HOW|S0N IS
SUSTAINED
HoWiSOn Will Not Serve on
the Court of In
quiry.
COURT DECIDES QUICKLY
Three Witnesses Repeat Remarks Un-
favorable to Schley Made
by Howison.
HE SAYS He DOSEN'T WISH TO SERVE
AtmiraIs Dewey and Benham Then Excuse
Him and tie Court Adourns Until
Third Memb of the Court
Shall be Named.
Shall be Named.
(By the Associated Press !

Washington, Sept. 12.--Within three
hours from the time of convening the
Schley court of inquiry today announced
that Rear Admiral Howison was disuual-
lied from serving as a member of the
court and was excused from further
duty.
This brought proceedings to an abrupt
termination, and caused temporary ad-
JouInment OF the court in order to permit
the Navy Department to designate an
ofhcer TO succeed Admiral Howison. No
further session is probable until the
cary part of next week 1t had been ex-
pected that little official business would
be accomplished on the opening day
and the prompt decision as to Admiral
Howison came somewhat as a sur
prise.
intense interest appeared to be taken
by the public in the proceedings and
though it was known that only very
limited number of persons would be ad-
mittcd to the court room and these by
NarG, large crowd was assembled at the
Washington Navy Yard. where the court
meets to witness the coming and going
OF the prominent naval officers who were
to take part in the proceedings. They came
ununiformed and unheralded, and until
the full dress uniforms had been donned,
at quarters inside the yard. for the actual
session of the court, there was little to
lend dramatic interest to the occasion
Admiral Dewey and Admiral Schley nat
urally were the premier figures in popu-
lar interest. The latter had about him
distinguished array of counsel, includ-
ing Hon. Jere, Wilson, Alto rney General
lSidor Rayner, of Maryland, and Captain
James Parker with Mr.. league acting as
advisory counsel. The German naval at
tache, Captain Rebeur- Paschwitz, occu-
pied one of the seats in the public area.
and the number of wives of naval off,
GERS present was noteworthy.
salute of seventeen guns in honor
of the Admiral of the Navy, marked the
opening of the proceedings at / o'clock
The usual fOrmalities on the opening of a
court were transacted with dispatch
The first skirmish was opened by Ad-
miral Schley rising from his seat and in
speaking in strong voice calmly and de-
liberately, challenging Admiral Howison's S
eligibility as a member of the court
Three witnesses were brought forward in
support of this challenge, namely, Francis
S. Frost, William E. Spon, and Foster
Nichols. They gave very positive testi-
mony as to expressions they had heard
Admiral Howison make favorable to Ad-
mral Sampson and unfavorable to Admi-
raj Schley. Mr.. Frost testified to a
statement Admiral Howison had made to
him at Boston while the witness was
seeking news as reporter, Mr.. Spon to
remarks made while he and the Admiral
were journeying back to this country from
Europe ON a trans Atlantic steamer and
Mr.. Nichols conversation occurred dur
ing business call at Admiral Howison s
private residence in Yonkers, N Y
On concluding this testimony, the ques-
tion arose whether Admiral Howison
would join issue with the statements
made by the witnesses, or would rest
upon his privilege to withhold any an
swer until he chose to submit.
The Admiral met the issue by turning
at once to Admiral Dewey and announcing
that he would make a written rejoinder
to the statements of the three witnesses.
This rejoinder he prepared very speedily.
While conceding the accuacy of some
points in the evidence it threw consider
able doubt on other points and dis
to have taken place on the Trans Atlantic
steamer. 1t was not sufficient however,
to counteract the very direct testimony
given by the three witnesses and more
over, the Admiral himself in concluding
his statement, indicated plainly that he
had no desire to remain on the court and
was there simply in obedience to orders
He even appealed to his associates on the
court to decide all doubtful questions as
to his eligibility in favor of Admiral
Schley
Before submitting the challenge to the
determination of the court Mr.. Rayner
examined Admiral Howison very
minutely as to his personal sentiments
towards Admiral Sampson and Admiral
Schley and developed that Admiral Howl
son had expressed certain defined con-
yictions rs to Admiral SIMPSONS reten-
tlon of authority and responsibility, even
While he was absent temporarily from the
feet at Santiago. The challenge then was
submitted to the court. which under the
circumstances was narrowed to Admiral
Dewey and Rear Admiral Benham. to
pass upon. After hardly more than fif-