The age-herald., 1901-11-08
Body Holds Last Public Sss- sion and Verdict Will
 Nov be Prepared
HAS RECORD OF 2OOO PAGES
In Closing Argument Lemly Says schiey Was Slow In Getting to Santiago-Retrosrade Move
 ment Was Dangerous.


 Washington, November 7.-After sit- tings covering forty days and with a rec ord which when completed will cover about 2OOo pages, the Schley court of in- quiry today. at S:45 p. m.. adjourned its last public session. Captain s. c. Lemly. the judge advocate. made the closing ar gument in the case and soon after he had completed his speech Admiral Dewey bringing his gavel down upon the big flat table, said:
 ''There being on further business. the court is adjourned"
 As was the case yesterday when MT. Rayner spoke, the attendance was large. The session began at 2 o'clock and the entire time was devoted to Captain Lem- ly's address. He read his speech in clear and distinct tones and was given careful attention. Speaking of Commodore schley's conduct Captain Lemly said: UNsTEADINEss,
 BUT NEVER COWARDiCE.
 'From my knowledge of the man. having served under his command of two cruisers, I have never believed nor do l claim from the evidence that personal misconduct. or to call a spade spade, cowardice, was exhibited by Commodore schley in any part of his career as com mander-in-chief of the flying squadron. hot in a passage from Key West to Cienfuegos, while at the latter port, en route to the southward of Santiago w-enout settled destinati> n. in the retrograde movement. in the return to the vicinity of Santiago and in the affair of May sl the Commo- dore exhibited unsteadiness in purpose and in failure to obey orders"
 After adjournment the members of the court Admiral schley and counsel lin gered for time about the hall. in which they recently have spent so much of their time, and there were many afectionate words of farewell spoken. Admiral Schley as usual was called upon to receive the greetings of a number of admirers, and hundred or more people waited at the door of the building to bid him adieu.
 Taking up the case with the testimony concerning the interview between Ad- i,n,ral Sampson and Commodore Schley of Key West before the cruise to Cfen- fuegos, Captain Lemly said:
 'Senior counsel has indicated to the court certain considerations which should he taken into account In giving relative weights to the testimony of Captain Chadwick and the applicant relative to the subject matter of the conversation between the admiral and Commodore Schley, Key West, May IS. In connection with this the latter's statement about the matter made at other times should be regarded, and particularly his state nent to the Senate committee on naval .ffairs and the consideration that at this time neither Admiral Sampson nor Com rnodore Schley, nor Captain Chadwick had any notion the Spanish ships would go to Santiago
 TRUST THE MAN
 WHO REMEMBERS.
 ..J ask the court to apply to the appii- cant as A witness the well known rule that where two witnesses testify with regard to the same matter ana one or them remembers and tho other merely does not remember tn circumstances of the matter the evidence of him who re- mernbers must be accepted. If this be oone then there is little left of the evil dence given before this court by the ap- rlicant, particularly upon hts cross exam tnation,"
 Cantain Lemly. that be consulted CoEi- modore Remey at the naval base, Key West, May IS, and at that time the latter had information as to the movements of the Spaniards. So had Admiral Samp- son on the 18th. And for what. IT not to meet the enemys fleet. was Commo- dore Schley sent to CienfuegOs! Not oe- cause he expected to find them already in there, as the order No. 5. and Admiral schley's will clearly show. It was sim ply expected .lat the Sraniards would endeavor to reach Cienfuegos and not that they were there
 Referring to Mir. Rayners statement that when the report of the Spaniards being at Santiago was confirmed nothing was done to inform Commodore Schley of this until the Hawk was sent on the afternoon of May 21. Captain Lemly said the Marblehead was sent at 3 a. m. of May 21 with the dispatch No. 8.
 Tt Is true" he added. that this copy did not reach Commodore Schley until the 24th. When Hood on the Hawk was sent on the afternoon of the Fist, he carried as a separate communication the memorandum order, and this confirms MT Hoods testimony that at that time Admiral Sampson regarded as a practi- cal certainty that the Spanish squadron was at Santiago.
 
 ignore the very important parts of the McCalla memorandum. The latter part shows clearly Commander McCalla's 8 communication with the insurgents and their intimate acquaintance with mat fers directly.'
 Captain Lemly contended that his me morandum was delivered to Commo- dore Schley May 2 and he charged the commodore with failure to attempt di- rect communication with the insurgents after it's receipt"
 Referring to the inform ation given Commodore Schley by the scout boats upon the commodore's arrival of San tiago May 26, Captain Lemly said it was reported to him. agreed by Captain Sigsbee and the commodore, that noth- ing had been seen of the Spanish fleet On this point he said:
 WHERE ONLY
 POINT OF DUTY LAW