The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-08
Dewey and His Colleagues
Thousand Pages OF Testimony.
CAPTAIN LEMLY'S ARGUMENT
EVIDENCE REVIEWED IN BEHALF
OF THE GOVERNMENT.
SchIey ExOnerated of the Charge OF
COwardice, but Alleged to Have
DisObeyed Orders.


covering forty days, and with a record
which, when completed, will cover about
1000 pages, the Schley court of inquiry
to-day at S:45 p. m. adjourned its 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
upon the big fiat table, said: There being
no further business, the court is ad-
journed."
As was the case yesterday, when Mr..
Rayner spoke, the attendance was large.
There was only one session to-day. 1t be-
gan at 2 o'clock, and the entire time was
devoted to Captain Lemly's address. He
read his speech in clear and distinct tones
and was given careful attention. The
speech in the main was an analysis OF the
testimony, but occasionally a conclusion
was drawn and frequently there was crit
icism of the course pursued by Admiral
Chen COMMODORE Schley.
Speaking Of Commodore Schley's conduct.
Captain Lemly said: From my knowledge
Of the man, having served under his COM
mand on two cruisers. 1 have never be-
Iieved, nor do 1 claim from the evidence,
that personal misconduct, or, to call a
spade a spade, cowardice, was exhibited by
Commodore Schley in any part of his career
as commander-in-chief of the flying squad
ron. But L submit, with regret, that in the
passage from Key West to Cienfuegos,
while at the latter port, en- route to the
southwark of Santiago, without settled des-
~tination in the retrograde movement, in the
return to Santiago, and in the affair of
May 81 the commodore exhibited unsteadi-
ness in purpose and in push and failure to
obey orders" This statement was made
toward the close of Captain LemIy's re-
marks.
ADMIRAL SCHLEY GREETED.
After the adjournment the members of
the court, Admiral Schley and counsel lin
gered for a time about the hall in which
they have spent so much of their time, and
there were many affectionate words of fare
Well spoken. Admiral Schley, as usual, was
called on to receive the greetings of a
number of admirers, and a hundred or more
people waited at the door of the building
to bid him adieu.
Captain Lemly used no formality in be-
ginning his address when the court con-
vened. but. rising quietly from his seat
opposite the president of the tribunal. be-
gan to read. He said at the outset that his
plan contemplated, first, a response to
criticisms of Admiral Schley's counsel. and
NAANAA " vi NAC GdOIGGL III udIu
on an Independent basis. He requested to
be corrected if he should make any errors
of fact.
Referring to the testimony of Admiral
Schley and Captain Chadwick concerning
the rmer's conversation with Admiral
Sampson at Key West, Captain Lemly said:
Il ask the court to apply to the applicant
as a witness the w~ell-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
and the other merely does not
remember the circumstances of the matter,
or, let US say, the conversation, the evil
dence 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-eXaminatiOn."
Commodore Schley has testified" said
Captain Lemly further along in his address.
that he consulted Commodore Remey at
the naval base, Key West, May Is, and at
that time the latter had m as to
the movements of the Spaniards. So had
Admiral Schley on the 18th. And for what.
II not 10 meet the enemy's fleet, was Com
modore Schley sent to Cienfuegos? Not
because he expected to find them already
in there, as the order No. 8 and Admiral
Schley's testimony will clearly show. Ii
was simply expected that the Spaniards
would enGeavor TO reach Cienfuegos, and
not that they were there
Referring TO Mr.. Rayner's statement that
when the report OF the Spaniards being al
Santiago was confirmed nothing was done
to inform Commodore Schley Of this until
the Hawk was sent on the afternoon of
May q, Captain Lemly said the Marblehead
was sent at 3 a m. of May q with the
dispatch No. s. 1T is true" he added thu
this copy did not reach CommodoreS chley
until the 24th. When Hood, on the Hawk,
was sent on the afternoon Of the 2lst, he
carried as a separate communication the
appendix, and this confirms Mr.. Hoods
testimony that at that time Admiral Samp-
son regarded as a practical certainty that
the Spanish squadron was at Santiago.
Both counsel appear" he said, Ito ignore
the very important parts of the McCalla
memorandum. The latter part clearly
showed" he said, Captain McCalla's COM
munication with the insurgents and their
intimate acquaintance with matters in the
city. Captain Lemly contended that the
McCalla memorandum was delivered 10
Commodore Schley on May 22, and charged
the commodore with failure to attempt
direct communication with the insurgents
after its receipt.
Considering the voyage from Cienfuegos
Captain Lemly said: The commodore's
orders directed that he proceed with all
dispatch, but cautiously, TO Santiago. He
certainly proceeded slowly. But cautious
ly' did not weaken the force of the words
all dispatch The great military neces-
sity at this time was to find and check the
enemy's fleet. Caution was needed lest
it might pass undetected TO Cienfuegos, or
lest it might be stumbled upon without
preparation, if neither carried lights For
these reasons the greatest caution demand
ed all dispatch. because the timely reaching
of Santiago limited TO the utmost such
chances. Certainly the flying squadron did
not leave with dispatch, nor with caution,
as shown particularly by the fact with
regard TO the latter condition. that she was
using the Ardois system OF signals foI
hours after getting under way. IL would
appear that there was little TO prevent Its
1departure for the eastward from being
discovered and in due course communicate
to Santiago"
Captain Lemly admitted the weather or
the voyage was bad for the smaller vessels
particularly the Eagle. and said the speed
OF the squadron was slowed In order tina
they might keep up. He contended, now
ever, that if that vessel was 70 De sen
away she should ave been so sent at the
not when the voyage was practically com
pleted and the weather improving. In thi:
connection he suggested that all the slower
vessels. in view of the urgency or reach'
ing Santiago, might have been dropped witt
a rendezvous. 10 be Joined later by th'
fighting vessels. If a drummer boy stubs
his toe he asked docs the army halt?'
Captain Lemly reviewed all the testimony
covering the voyage 20 Santiago, the re
conn0issance of May 81 and the battle o.
July 3. Discussing the BroOklyn's looI
Captain Lemly expressed the opinion, base,
upon evidence, that in turning TO star
sells turned to port, the Brooklyn endan
gered not only the Texas. but other yes
sells as well. II was. ne said. clearly estab
lished that the Texas stopped. and tina
she reversed one or both OF her engines
The responsibility FOR this move. he argued
rested entirely on CommOdor Schley anS
IL could not be delegated 10 any one bl
him as a squadron commander. Captain
Cooks evidence on this point seems as