The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-12

navy and of the court with Solicitor
| Hanna of the navy department, at his
| side. Outside of the rail. in the sea OF
| heads could be seen many we'll known
| in the naval and government service,
| as well as many ladies. including the
| wives of those taking a prominent part
| in the proceedings. The formal pro
ceedings Of the court We're begun with
the reading by Captain Lemley of Ad-
miral Schley's letter requesting the
! conVening of the court and the navy
! departments precept-
The court assumed a listening atti-
tude, but Admiral Schley known as the
! applicant in the case gave only IN
! different attention to the document. The
! admiral gave closer attention. however
/ when the judge advocate began the
reading of the order appointing Rear
Admiral HoWisOn a member of the
court in place Of Rear Admiral Kim
berly and he continued to give careful
heed when his letter to the department
asking for . modification of paragraph
five of the precept, regarding Admiral
Schley's disobedience Of orders Was
read together with the departments re-
fusal to comply with the request.
None of the documents received more
than perfunctory attention from the
change of attitude when the next order
of proceeding was reached This was
the challenge on the part of Rear Ad
miral Schley OF Rear Admiral HOWiSOn,
as member of the court.
At 1:30 p. m. Admiral Schley arose
and said that with extreme regret he
was obliged to challenge Admiral How
ison as member of the court
SCHLEY'S CHALLENGE
The following is the full text Of Ad-
mirai Schleys challenge of Admiral
HOWiSCn as a member of the court
Rear Admiral w S. Schley in the ex-
ercise of his legal right of challenger.
objects to Rear Admiral Henry L. How
ison upon the grounds
a n 1rl-eaI Ia1,7 T Tow
son has already formed and expressed
an opinion on the merits of the case
about to be investigated and that he
is therefore ineligible for service as a
member of this court.
?. That Rear Admiral Henry L. Howl
son has already formed and expressed
an opinion on the merits OF the ease
about to be investigated, adversely TO
said Rear Admiral W. s Schley, there
by indicating bias and prejudice
which renders him. said Rear Admiral
Henry L HowisOn. ineligible for SER
vice as a member of this court.
8. That Rear Admiral Henry L.HoW-
ison, has, in connection with the sub
ject matter about to be investigated,
expressed an Unfavorable opinion on
the personal and professional charac-
teristics of said Rear Admiral Schley.
thereby indicating a bias and prejudice
which renders him, said Rear Admiral
HOwisOn, ineligible for service as
member of this court
4. That Rear Admiral Henry L.How-
ison in connection with the opinion
formed and expressed by him upon tne
merits Of the case about to be investi- (
gated has instituted and announced a
com parison between the acts and per /
sonal and professional characteristics /
of the principal parties to the present +
issue-viz: Rear AdmiraIs Sampson and /
Schley-to the disadvantage and dis 4
paragement Of the latter thereby indi- I
eating a bias and prejudice which rem 4
ders him Rear Admiral Henry l. How /
ison. Ineligible for service as a member /
Of this court
The court took an Informal adjourn /
ment at 2.25 to permit Admiral Howison +
to prepare his statement to Admiral I
Schley's charges.