The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-08-23
Admiral Schley's Counsel Likely to
Object to Him as a Trial
Judge.
INQUIRY MAY LAST MONTHS.
Navy Department Declares 1t
Acted According to Rules in
Denying Request of
Schlely's Lawyers.
REPUBLIC SPECIAL.

REPUBLIC SPECIAL.
Washington Aug. 22-It Is now regarded
in circles closely observant of the situation
as practically certain that Rear Admiral
Howison. Notwithstanding the talk concern
Ing his alleged disqualification will serve
as a member of the Schey court of in
quiry.
The matter of determining his qualifica-
tion for such service will. according TO the
action OF the Navy Department announced
yesterday by Acting Secretary Hackett, de-
Noive upon Admirals Dewey and Benham.
the TWO other members of the board. 1t is
hishiy probable that Admiral Howison's
service Will be challenged by counsel for
Admlral Schley when the court conyenes
but Admiral Howison is expected to make
positive denial of the authenticity Of the
alleged interview with him. which was for
Warded to the department by Admiral
Schley, with view TO ascertaining its ac-
curacy. IN which event Admirals Dewey and
Benham will decide that he is competent to
serve upon the court
1t was stated to-day that Admiral Howl
son would now feel II his duty to appea
as member of the board and state cafe
goricaliy whether the interview in ones
tion was authentic. leaving a decision on
the subject to the discretion of his COL
ePoi the tourt, which decision will
conclusiveiy determine the subject of his
competency.
hOwisOns Letter on Record
Rear Admiral Howison is on record as de-
ciaring In a letter to the department that
ne had not publicly discussed the subject
matter to be investigated by the court.
Rear Admiral Schley's attorneys will pre-
sent an affidavit sworn to by the reporter
OF the Boston paper who wrote the inter-
Admiral Schley is making another effort
10 nave the Navy Department cali the al
ieged interview to Rear Admiral Howison's
attention, and ask him whether 1t is cor
rect He wrote a letter to Acting Secre-
tary Hackett tonight protesting against
tne action of that official and insisting that
MS previous letter was not a preliminary
challenge Of Rear Admiral Howison. He
contends that the department should grant
MS first request and ask Rear Admiral
Howison about the interview.
Some criticism has been evoked b,- the
action Of the department in declining TO
ask Admiral Howison whether the irter-
view submitted TO the department was cor
rect. 1t is held in some quarters that this
proceeding was irregular. 1t is stated at
the department, however. that the action
taken was in entire accordance with the
practices OF the navy. The statement vas
made. in fact that the request of Admiral
Schley's counsel was entirely un-
precedented in the history of the depart.
ment. In past cases of courts of inquiry
appointees for service have frequently been
challenged. but in each instance the chal-
lenge has been made after the assembling
OF the court, and not prior to the time of
its meeting. No such request as that Of
Admiral Schley has ever been made upon
the department. and In establishing a prece.
dent by referring the whole matter TO the
dpv, av,% foa1
that it is following the sense OF the rules
Of naval procedure.
1t was said by a gentleman who is very
close to Admiral Schley and familiar to a
large extent with the case that the Navy
Department placed a wrong construction
upon Admiral Schley's letter.
This gentleman said the request was mere
ly an inquiry. and not a challenge, and was
made simply to ascertain II there were prop
er grounds upon which to challenge Ad-
miral Howisons fitness as a member of the
court.
Explained by schley's Friend.
1T was similar" he remarked. ito the
course taken by attorneys in a trial in
court where a jury is being impaneed. A
talesman is asked, for instance. IL he had
read about the case under consideration. and
II 50. il what he had read had so influenced
him that he could not give an unbiased YER
dict Such questioning precedes a challenge.
and that is precisely the position occupied in
relation to Admiral Howison."
There was an impression strongly preva-
lent that the counsel for Admiral Schley
would file formal protest against the con-
struction of the department. and the proba-
bility is that such will be done The dura-
tion Of the sitting Of the court OF inquiry
furnishes food for estimates. 1t is under
stood the court will convene each morning
at IL o'clock and adjourn at p. m.
1t is understood that Captain Parker of
Admiral Schley's counsel thinks two weeks
will suffice for the hearing. A gentleman
conversant with the scope the Investigation
will take gives three months as his guess