The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-17

aAAS NAAoI &c
was disqualified from serving as a
member of the court and he was excus-
ed from further duty.
This brought the proceedings to an
abrupt termination, and caused a tenn
porary adjournment of the court in or
der to permit the navy department to
designate an officer to succeed Admiral
HoWison. No further session is prob
able until the early part of next week.
It had been expected that little off,
cia business would be accomplished On
the opening day, and the prompt decis-
ion as to Admiral Howison came some
what as a surprise.
Intense interest appeared to be taken
by the public in h proceedings and
though it was known that only a very
limited number of persons would be adj
mitted to the court room, and these by
card, a large crow was assembled at
the Washington la yard where the
court meets to witness the coming and
going of the prominent naval officers
who were to take part in the proceed
ings. They came ununiformed and I'M
heralded, and until the full dress uni
forms a been donned at quarters in
side the yard. for the actual session of
the court there was little to lend r
matte interest to the occasion.
Admiral Dewey and Admiral Schley
naturally were the premier figures in
popular interest. The latter had about
him a distinguished array of counsel,
including Hon. Jere Wilson, Attorney
General Isadore Raynor, of Maryland,
and Captain James Parker, with Mr..
league acting as advisory counsel.
The German naval attache, Captain
Rebeur-Paschwitz. occupied one of the
seats in the public area and the num-
Der of wives of naval officers present
were noteworthy.
A salute of seventeen guns, in honor
of the admiral of the navy, marked h
opening of the proceedings at 1
o'clock. The usual formalities on the
opening of a court were transacted with
dispatch.
The first skirmish was opened by Ad-
miral Schley rising from his seat and
speaking in strong voice, calmly and
deliberately, challenging Admiral How
ison's eligibility as a member of the
court.
Three witnesses were brought for
ward in support of this challenge,
namely: Francis S. Frost, William E.
Spon and Foster Nichols. They gave
very positive testimony as to express
sions they had heard Admiral Howison
make. favorable to Admiral Sampson
and u~nfavorable to Admiral Schley.
Mr.. Frost testified to a statement Adj
miral Howison had made to him at
Boston while the witness was seeking
news as a reporter; Mr.. Spon to re-
marks made while he and the admiral
were journeying back to this country
from Europe on a transatlantic steam
er, and Mr.. Nichols conversation, oc-
CURED during a business call at Ad-
miral Howison's private residence in
Yonkers, n. Y.
On concluding this testimony, the
question arose as to whether Admiral
Howison would join issue with the
statements made by the witnesses, or
would rest upon his privilege to with
hold any answer until he chose to sub
nit it.
The admiral met the issue by turn
ing at once to Admiral Dewey and
announcing that he would make a writ
ten rejoinder to the statements Of the
three witnesses. This rejoinder he pre-
pared very speedily. While c%oncurring
in the accuracy of some points in the evi
dence, it threw considerable doubt on
other points and disclaimed any recol-
lection of the talks said to have taken
place on the transatlantic teamer.
1t was not sufficient, however, to coun-
teract the very direct testimony given
by the three witnesses and moreover
the admiral himself. in concluding his
statement, indicated plainly that he
had no desire to remain On the court
n was there simply in obedience tt
orders. He even appealed to his as
sociateS on the court to decide al
doubtful questions a to his eligibility
in favor Of Admiral Schley.
Before submitting the challenge tt
the determination of the court Mr.
Raynor cross-examined Admiral Howl.
SON very infinitely as to his persona
sentiments towards Admiral Sampsor
n Admiral Schley and developed tina
Admiral Howison a expressed GER
tain definite convictions as to Admira
SIMPSONS retention of authority AND
responsibility. even while he was alb
sent temporarily from the fleet a
Santiago.
The challenge then was submitted Il
the court, which under the circum
stances, was narrowed to Admiral Dew
ey and e Admiral Benham, to pas
upon. After hardly more than ffteeS
minutes spent in retirement to the con
sultation room, Admiral Dewey brief
ly announced that the court sustained
the challenge, and that Admiral Howl
son would be excused from further at
tendance. The decision came so quick
ly and Unexpectedly that it sen a f1ut
ter Of agitation throughout the cou
room.
There was a buzz of animated com
ment, n Admiral Schley exchange
vol of satisfaction with his counsel
Admiral Dewey then at once close
the proceedings for the day by an
nouncing that the court would adjourn
indefinitely until the navy department
had named an officer to succeed AID
miral Howison.
COURT PROCEEDINGS BEGUN.
The foraml proceedings of the cour