The Savannah morning news., 1901-08-19
THE COMING BATTLE
pREPARING FOR THE FAMOUS
COURT OF INQUIRY.
THE METHOD OF PROCEDURE.
xo\N SUBJECT OF MUCH OFFICIAL
AND OTHER COMMENT.

SIMPSONS Friends in Navy Depart
ment Clique Disposed to Resent
EmpIOyment of Counsel by SchIey
and Predict Injury to SchIey's Case
if Ordinary Legal Tactics Are Re-
sorted to in Examination of Wit
nesses.
Washington, Aug. 1S.-There ap-
nears to be considerable confusion in
cficial as we'll as unofficial circles as
10 the course of procedure in the forth
coming Schley court of inquiry.
Rear Admiral Schley has come to
Washington prepared to remain here
until the trial is over. He has called
to his aid an array of eminent counsel,
headed by the Hon. jeremiah M. Will
son, who has figured in almost every
important legal battle that has been
fought out in Washington during the
past twenty years. He was formerly
member of Congress from Indiana
ard upon retirement from Congress,
settled down in Washington and has
DUlll up OH GliOI Jaw pldCllCc.
Legally, politically, and socially, he oc-
cupies an enviable position. AS an ex-
amner of witnesses, he is regarded as
par excellence, and SO far as he is con-
cerned Rear Admiral Schleys cause is
not apt to suffer. Former Representa-
tive Raynor of Maryland, now attor-
ney general of that state, is a gifted
lawyer, and an impassioned and effac-
tive pleader before a jury. 1t remains
to be seen what impression the supe-
rior rhetoric and elocution will have
upon the court over which Admiral
Dewey presides.
Feeling of Recruitment
Among those naval officers who are
Influenced by the Navy Department
clique, there is a disposition to resent
the employment of counsel by Schley.
1t is claimed that such procedure is
quite unusual in a naval court of in
quiry. 1t is also claimed that the mem
bers of the court are apt to be in
fuenced against Schley should his at
torneys attempt to introduce criminal
court or police court tactics in hand
ling the witnesses who are called be-
fore the court in the interests of Rear
Admiral Sampson.
In this connection, prom
inent naval officer remarked that when
Capt. McCalla had his court of inquiry,
several years ago, and had as his at
torney the Hon. Joseph Choate, now
ambassador to England and leader of
the New York bar, that eminent jurist
oHended the court to such an extent
mat its findings were against McCalla.
with considerable display of indigna-
tlon, this same naval officer declared
that If Schley's attorneys attempted to
proW-beat and bully-rag the witnesses
before the court, Schleys interests will
probably suffer at the hands of the
members of the court. In other words,
ne lntimated that Rear Admiral Schley
is apt to become a victim of oVer-zeal-
Gus and indiscreet friends.
Inc question which creates some con-
1uslon and which has provoked conflict
ing opinions, is how far Rear Admiral
Schleys attorneys will be permitted to
20 IN the examination of witnesses and
thelr search for facts in the case. BY
some it is claimed that a court of in
curry does not permit direct, redirect
and unlimited cross ss-eXamination of
witnesses. By some authorities it is
sald that in proceedings before a court
oI inquiry all questions have to be sub
mltted In writing to the judge advocate
OF the court and the latter submits
them to the president of the court, who
passes upon their relevancy before the
question is propounded to the witness.
II such course of procedure should be
iollowed in the Schley case, it would
De difficult to get at some of the facts
Whleh ought to be known, and the pro-
ceedlngs of the court would be de-
pIiVed OF many of it's sensational and
otherWlse interesting features
The Method of Procedure.
/. with a view to securing light upon
thls subject the Morning News corre-
Spondent consulted one of the foremost
legal authorities in the Navy Depart
ment as to the course of pro-
cedure before courts of in
curry The official referred to
went to his book case and produc-
eu volume of the naval regulations
Ior l9OO Turning to chapter forty,
NnIch covers the objects, constitution
ana methods of procedure before courts
vi inquiry he proceeded to explain in
substance the scope of the Schley court
VI inquiry. A court of inquiry shall
consist of not more than three COM
iilssloned officers as members and a
oI inquiry is to investigate important
odses where the facts are various and
eolhplcated, where there appears to be
elound Tor suspecting criminality, or
Mnere crime has been committed, or
.Iuch blame incurred without any GER
taIhty on whom it ought chiefly to fall.
court of inquiry affords the best
I"elnod of collecting and sitting infor-
lIalloh Tor the purpose of enabling the
CohNenlng authority to decide upon the
az 55tecesSlty and expediency of further jul
UIclai proceedings. In other words, a
court OF inquiry usually precedes a
Nourt martial. Courts of inquiry have
P0Mer TO summon witnesses, administer
od1hs and punish contempts, in the
Sp'ue manner as courts martial; but
10y shall only state facts and shall
-'o' slVe their opinion, unless expressly
.e4uired so to do in the order for con-
slIhg' When a court is required to
Port facts, 1t is not to be understood
.'at the bare record of the testimony
meant, but also the result and con-
o'GSloh OF the court from hearing the
evidence.
sampson Witness.
II Is the duty of the Judge advocate
Vi court of inquiry to summon all
Nlthesses required for the investigation
ma TO lay before the court a list of
vnem Right here 1t may be stated
upoh the highest authority that Rear
Huhlral Sampson is listed as one of
'nt witnesses in the Schley case. The
I''rl on first assembling usually goes
INTO executive session uptfl +ba orJar