The sun., 1901-11-08

and that by turning TO port he would get 80
close to the enemy that he would expose
himself TO attack from the torpedo boats
/ and that lucky shot by the enemy might
disable tho Brooklyn and that he did not
propose to run such risk at that stage of
the battle. when It was so unnecessary,
and whom 20 much depended on the speed
Of tho Brooklyn.
whether this substituted exchange OF re-
marks really occurred. we have Hodg-
I sons sworn statement before this court,
his statement In the investigation be-
fore Capt. Chadwick, and his several letters
70 the applicant In which he adheres 10 tho
substantial accuracy Of the newspaper
| report a. printed. But from Admiral
| Schley's testimony as a witness we get
at least the following admissions; that
during the turn Mr.. Hodgson very properly
made somo allusion TO look out, perhaps,
for the Texas. and that the Brooklyn was not
turned helm astarboard for the reason that
| II would have carried her into dangerous
I proximity to the torpedo attack OF the
! enemy's vessels and that she turned tho
other way. That, part ~ the colloquy-
! Schley gave the order to put the holm aport,
4 Is supplied by the testimony Of the FOL
| lowing witnesses: Quartolnaster Ander-
| sen, DR., DeNalln, Lieut.. Commander Sears
| and Capt Cook, all Of whom said more or
/ less positively that Commodore Schley
| gave or was responsible for the order.
LEMLY REVIEWS TIE CASE.
The Judge Advocates address continued
as f0llowa
Win the conclusion of the very brief ad-
dress with which l shall close the argument
in this inquiry, my principal connection
with Il ceases and the matter Is left in your
capable hands. ] may add that, while my
duties here have been arduous and neces-
sarily somewhat painful, | am proud to
have been associated with this distinguished
court, which Is to pass upon one Of the most
important questions ever considered by a
naval court-a question, as defined II in
the early course Of the proceedings, between
the applicant and the morale Of the ser
vice.
In entering upon my duties as Judge
Advocate OF the court ! had In mind ad-
vice given me by tho Secretary OF the Navy
soon after my appointment. as follows:
Admiral Schley asks for a court OF in
stituted. The Judge Advocate and any
counsel assisting him are not land their duty
in this respect is plain) in court TO pros
ecute anybody or TO find anybody guilty.
but TO bring out the facts and aid the court
In declaring the truth
have endeavored TO follow this advice
without fear or favor. II | have appeared
20 fail In maintaining that impartial attitude
which feel and have always felt toward
the applicant. It is because aggression.
however natural the part OF earnest counsel.
begets aggression, and for the further
reason that in many instances throughout
the investigation honest difference OF
opinion has compelled me 10 be earnestly
contentious in order to adduce what !
believed to be material facts. Have not
counsel. Including the Judge Advocate,
missed. perhaps, the calm, conservative
and able advice OF the late Judge Wilson,
who was with US in the first days OF the
inquiry?
THE DEPARTMENT NEUTRAL.
In the early course OF the proceedn gs
the President OF the court remarked that
this is not trial by the newspapers; yet ono
cannot help noting that many Of the news
papers have put the Navy Department
and tho navy and the Judge Advocate
nothing to say in defence; must stand
upon the record BUT l deem it not In
appropriate that / should here remark
that. while prejudiced statements 10 the
contrary have been made. the Department
has in this matter maintained an entirely
neutral attitude; that | have not been in
terfered with by II In my conduct OF the
case. that. the record demonstrates,
there has been no alteration Of the DEPART
ment's s records; that officers on duty even in
that much-abused Bureau Of Navigation
,have freely testified in behalf Of the app!i-
cant. and ! am confident that the evidence
adduced fully ju-tihes the views of the
Department. set forth In Its reply of Feb 9
1899. to the Senate COMMITTEES on Naval
- saiJ ~ Commoaore ScbIey raf.rrira ~
n.r,ic,,Iariv 90 IT, nayaI Lattl. ~ Ill,
,sos ~ '' -
sWher. so much xas achievad &, ,bt.
o,,l,,,in.ti,s ba,tia a,d .bara ~ shi,, 80
s,i'h n r'ss,JI,,n,,s fo,c,, ir ,La al, 80
oond,,r, rLfIo in irdan.rJani c''r,,,,o',J "a
49, 10 J,na the racord ~ Witch Las Le"u
I;,,,,, aL1,.a "a ,.Linh I,, - - H.,
,SSns,a,d,ncss ir ,,,rnnse an3 in ,,,,sb anJ a.
SaiIrr. tr oIav n,dars diJ mo-, moe, T, ba +, -
,'r1vai ~ no prnsident and ,be psns -, =
,,n.rt vos vol moi reruit,cd 10 s,o,J /,
~. vny ~ his no,ipatIrn H., protnotiDn
a. n Iigber groda Tor the part 4. tn,k in
the Anal ,riiImph
The yoIminous eyidenca Of record
has boen fully treated in ali IA. haarir.,.
Iotb Tor aud against IN, srpiicapt ara !;
l. not INV u,Irt,o.e 10 enter ,inon n de, .ilaJ
dtscussion ~ n Tbera ara bnwa,cr
,Due parts of n in IT, sDploati,n 10
cor, ain general urinc.ipI,-s 81 naval copd,,,t
10 WHICH, 1 deem A. uropar to inyit. att,,,,.
tiou.
,.,s.o. ~ c,.y.,,oo. .,
:,
-, ID 'glithhR, 'h'h WIN the aHnage "i Vie
iplhg nfuanIyh from ny We, 'o I'h-
iHIk's !" H'"I ,h "i ne Hpaih-h h'-t uh'i'r
hdiuHh '"i t'las hpp"aIs ihAl vi Iie
va si'r - py tl' al'lll'a' rom 'hhIirr,
~ ~ = = Il