Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1901-11-11

WASHINGTON. Nov. 7.-Captain Lem
ley closed his speech and the entire argu-
meut Of the case with the following
words:
Tribute to sehIey.
From my knowledge OF the man. hav-
Ing served under his command on two
cruises. have never believed. nor do /
claim from the evidence that personal
>miscouduot-or. 70 call a spade spade,
cowardiee-was exhibited BY Commodore
Schley In any part Of his career as COM
mander-in-chief OF the dying squadron.
WASHINGTON. Nov. Judge AdvO-
cate samuel e. Lemly today made the
concluding argument in the Schley court
Of inquiry.
There was no forenoon session Of the
court and the judge advocate did not have
an opportunity 10 begin his address until
= o'clock
He read from manuscript. but spoke In
clear and distinct tones.
The first half Or the address was devot-
ed TO consideration Of points made BY hr.
Rayner and Captain Parker IN Admiral
Schley's behalf. and the latter half was
a general review from the government
point OF view OF the evidence.
Referring 20 the testimony Of Admiral
Sehley and Captain Chadwick concerning
the formers conversation with Admiral
SchIey at Key West. Captain Lemly said:
Hoasts Scnley's ENtcence.
II ask the court 20 apply 60 the appli-
cant as a witness the well known rule,
referred to with 50 much fervOr by senior
counsel. that where two witnesses tesu-
u with regard 90 the same matter, and
one Of the members docs and the other
!. does not remember the circumstances OF
the matter or let W say the converse
rior TIE evidence az the members must
be accented II this must be done. then
srare Il little left Of the evidence given
before this court BY the applicant, par
tfcuIarIy upon his crOss-exa mination-
Commodore Schiey has testineo' salo
Captain Lemiy further along in his ao-
dress that ne consulted Commodore
Rerney at the naval base. Key West, May
IS and az that time the latter had no
Information as 70 the movements OF the
gpaniards. SO had Admiral Sampson on
the 18th. And for what. II not 20 meet
the enerny's feet was Commodore schley
cent 10 Cianfuer.sg Not because he ex-
pectad 10 ind them already On there as the
order No 5 and Admiral Schley's testifzao-
nv viii clearly show. IL was simply eX-
pected that the Spaniards would endeaV-
or 10 reach Cienfuegos and not mat they
we're there"
Rsferring 10 Mr. Rayner's statement
that when the report Of the Spaniards
being at Santiago was confirmed. notn-
ing was done TO inform Commodore Schley
OF this until the Hawk was sent on the
afternoon OF Nav 81 Captain Lemly said
the Narblehead was sent at 3 a. m. OF
May q with the dispatch No
Captain Lernly cOntended that the Nc
Gala memorandum was delivered 10
Commodore Schley May = and charged
the commodore with failure 20 attempt d.
rect communication with the insurgents
after its receipt.
Tried 70 Be Impartial.
L have endeavored TO follow this sd-
h1rr q n
pear1d to fail IN maintaining that Impair
tial attitude which feel and have always
felt towards the applicant II Is because
aggression. however natural. on the part
OF the opposing counsel begets aggres-
sion. and for the further reason that In
many instances throughout the investi-
raticn honest differences in opinion has
compelled me to be earnestly contentious
IN order to adduce what believed TO be
material facts
Captain Lemly then took up the volum-
fuous evidence which he said had been so
fully treated in all its bearings that II was
not his purpose 10 enter into detailed
discussion Of Il. Beginning with the pas
sage OF the dying squadron from Key
West TO CienfuegOs in search OF the Span
fish feet under Admiral Cervera. he said
that. while the speed set By the appli-
cant from Key West TO Cienfuegos was
but ten knots. under the then existing
conditions Of wind and weather greater
speed Right have been maintained. other
delays Of this voyage were also referred
10. IL should. he thought, be remembered
that Commodore schley's orders required
that the blockade OF this port should be es-
tahlished with the least possible delay.
Captain Lemiy said as the arrival OF
the Adula was purely accidental little
stress should be laid upon the misplaced
confidence with which 1t was assumed
that the vessel being allowed 20 60 in
would be permitted BY the Spanish au-
fhorities to return with Information as to
whether Admiral Cervera's squadron was
OF was not located within the harbOr:
this particularly in view Of TIE fact that
q hostile feet was outside"
What LemIy Would Have Done.
= Having brought the squadron 10 the
southwark OF Santiago. on May 18th. the
Judge advocate took up the cOaling ques-
ton. quoting Lieutenant Dyson's figures
on the question Of coal supply in some de-
tail Then he considered the retrograde
movement
saThIs step.'' he said. had been under
taken without sufficient or decisive steps
being taken to ascertain whether the
Spanish feet was actually in the harbOr
Of Santiago. leaving the mouth Of the
harbor unmatched. and Cervera free 10
escape. with the possibility Of his max
ing a descent upon our coast-the moral
10 say nothing OF the material effect OF
which Il r. impossible TO Over-estimate"
Continuing in this connection he said:
eft matters not what captain Sigsbee or
Pilot Nunez told Commodore Schley. II
- Nunez exhibited then no greater acumen
than when before this court the informa-
ton he supplied should have been given
little weight
SchIey Should HaVe Known.
Whatever opinion they may have given
the commodore as 70 the presence OF the
Spanish ships In the harbor OF Santiago
(and I believe that the captain never said
that the Spanish feet was not therein).
the commodore was alone responsible for
the retrograde movement. Ii was his du-
" to ascertain 70 certainty whether the
Spanish squadron was In the harbOr. an
obligation which no negative information
or Captain Sigsbee's could remove or
even modify. And Il Is fnconceivable
that a positive statement as 20 the con-
tents Of harbor Of the well known con-
formation OF Santiago could have been
+. made BY Slgsbee."
The details OF the retrOErade movement
we're rehearsed as were those concerns
ing the delivery Of dispatches by the Har-
yard and the prefer Of Colonel Beale TO