The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1901-11-15
LEMLY CLOSES.
Abstract of His Accommodations Now
in Hands of the Court.

in Hands of the Court.
Washington, Nov S.-After sittings COW
ering 40 days and with a record which,
when completed, will cover about 1000
pages. the Schley court of inquiry on
Thursday at 3:45 D. M. adjourned It's last
public session. To Capt. S, C. Lemly, the
judge advocate, had been assigned the
duty of making the closing argument in
the case and soon after he had completed
his speech Admiral Dewey, bringing his
Gavel down on the big fiat table said:
There being no further business, the
court is adjourned.
There was TO forenoon session of the
court, and the judge advocate did not have
an opportunity to begin his address until
two o'clock He read from manuscript, out
spoke in clear and distinct tones. The first
half of the address was devoted to consid-
Grafton of points made by Mr.. Rayner and
Capt. Parker in Admiral Schleys behalf,
and the latter half was a general review
from the government point OF view OF the
evidence. '
Referring to the testimony of Admiral
Schley and Capt. Chadwick concerning the
formers conversation with Admiral Samp-
son at Key West. Capt. Lemly said:
81 ask the court to apply to the applicant
as a witness the well-known rule, referred
to with so much fervor by senior counsel
that where two witnesses testify with re-
gard to the same matter, and one of them
remembers and the other merely does not
RENE mber the circumstances of the matter
or let us say the conversation the evidence
of him who remembers must be accepted.
If this be done, then there is little left of
the evidence given before this court by the
applicant, particularly upon his cross-ex-
animation"
Commodore Schley has testified" said
Capt Lemly further along in his address,
that he consulted Commodore Remey at
that time the latter had information as to
the movements of the Spariards. So had
Admiral Sampson on the 18th. And for
what, if not to meet the enemy's fleet, was
Commodore Schley sent to Cienfuegos?
Not because he expected to find them al
ready in there, as the order No. and Ad-
miral Schley's testimony will clearly show
1t was simply expected that the Spaniards
would endeavor to reach Cienfuegos, and
not that they were there
Referring to Mr.. Rayners statement
that when the report of the Spaniards be-
ing at Santiago was confirmed nothing
was done to inform Commodore Schley of
this until the Hawk was sent on the aft
ernoon of May p, Capt Lemly said, the
Marblehead was sent at three a. m. on May
q with the dispatch Numbers 1T is true"
he added, that this copy did not reach
Commodore Schley until the 9th. When
Hood, on the Hawk, was sent on the after
communication the memorandum order
on page 466 of the appendix; and this con-
firms Mr.. Hoods testimony that at that
time Admiral Sampson regarded as prac-
teal certainty that the Spanish squadron
was at Santiago"
Both of counsel appear. he said. to ignore
the very important parts of the McCalla
memorandum. 1.-The latter part clearly
showed he said, Commander McCalla's
communication with the insurgents and
their intimate acquaintance with matters
in the city,
Capt. Lemly contended that the McCalia
memorandum was delivered to Commodore
Schley May p, and charged the commo-
dore with failure to attempt direct COM
munication with the insurgents after its
receipt
Speaking of the charge of disobedience
of orders. Capt. Lemly said: 1.-The appli-
cant's disobedience. if proved. will be
shown to be in delaying in bringing himself
into the presence of the enemy"
After discussing briefly the Hodgson in
cident and Commodore Schley's alleged re-
mark Damn the Texas" which he said
he did rot consider a very grave matter,
Capt. Lemly closed his speech and the en-
tire argument of the case with the follow
ing words:
From my knowledge of the man, hav-
ing served under his command on two
cruises. I have never believed. nor do 1
claim from the evidence, that personal
miscorduot-or to call a spade spade,
cowardice-was exhibited by Commodore
Schley in any part of his career as COM
mander in chief of the flying squadron.
But / submit with regret that in the pas
sage from Key West to Cienfuegos, while
at the latter port, en- route to the south
ward of Santiago without settled destina-
ton, in the retrograde movement, in the re-
turn to the vicinity of Santiago, and in the
affair of May 81, the commodore exhibited
unsteadiness in purpose and in push and
failure to obey orders. The characterize
ton of this conduct is, however, for the
court 1 trust that / may be pardoned if I
remind you gentlemen that the first inn
portance of the matters before you is not
as they relate to any individual, but as
they concern the naval service. 1t is for
you to lay down standard of conduct, 10
be followed in future similar cases-a
standard such as that set by our great
naval commanders, like John Paul Jones,
Decatur, Perry, Farragut. the Porters and
others. A sense of propriety forbids my
mentioning the living"