The Washington times., 1901-09-25
Is II Enquiry. or Prosecution.


retary Long can be without knowledge
of the fact that the course of the Navy
Department il. connection with the
Schley Court of Enquiry up to this time
has been a painful surprise to the
American public. A gallant officer, VIC
tor in the second greatest American
naval triumph of the Spanish war. be
ing traduced and assailed by enemies in
the service, and outside of 1t, asked for
a Court OF Enquiry that the full truth
concerning his conduct might be judi
cially ascertained. In the position in
which he thus placed himself. prece-
dent, former practice, and the COM
monest dictates of justice and fair play
bound the Navy Department in grant
ing his request TO be absolutely impair
ual, if not friendly. Is it so?
The attitude of Captain Iemly and
his subordinates, Mr.. Hanna and Lieu
tenant Ward, Crowninshield's personal
representative, is the attitude of prose-
cutting officers trying to send man in
dicted for some offence to Jail. The
duty of Captain Lemly, the judge ad-
vocate, as an officer Of the Court is
to assist, not to balk, the applicant in
bringing out all the facts calculated to
secure his vindieation. The amazing
exhibition at the session on Monday of
determination on the part of both
Captain Lemly and Mr.. Hanna to shut
cut everything that might be favorable
10 Admiral Schley and to hunt up ev-
erything that might be detrimental to
his case. can only be characterized as
an entirely new revelation in the his
tory of military Jurisprudence. The
present Court is not a court-martial.
The judge advocate is not prosecu-
tor Before court of enquiry an Of
fetal in Lemly's position is bound TO
be as unbiased and as non-partisan as
the judges who preside.
Is the judge advocates position be-
fore the present tribunal of that char
acter? Certainly not. He objects siren
uously to the introduction of any evil
dence tending 10 help Admiral Schley
in clearing himself of charges which
the country at large believes to have
been falsely and maliciously made
against him by a madly jealous rival
and envious subordinates in that rivals
interest. He speaks of the counsel
which the reguia tions entitle the appli-
cant to call in, that expert assistance
may help him to better establish the
truth as the "other side. and in the
session of Monday he boldly threw off
the mask, and in his every action noti-
fled the country that the Navy Depart
n1ent in his estima ton, had assumed
the work of the conspiracy to rob Ad-
@. Ii 81 l.. c.
and would carry on the persecution of
that gallant officer to the bitter end.
Does anybody imagine that such man
ifestations are not noted and resented
by decent citizens in every city. town,
hamlet, end cross roads throughout the
United States?
The Judge advocates animus was dis
played on Monday in the colloquy he
had With the late Judge Wilson, who.
as it -a,e.ed, as the last act Of an hon
Orable and distinguished career, de-
manded justice and fair-dealing from
the leader of what has come in a most
sinister manner to be known as the
prosecution" Lemly. bound by his Of
fee to assist in calculating all the facts
of the blockade of Santiago, and the
pdlllE AoilONlIEt altN3lipStN ~ iaANAo-
duce evidence unfavorable TO Admiral
Schley. and at the same time to shut
out other and similar evidence which
would place him in a good and Admiral
Sampson in bad light Thus, he offer
ed the logs Of certain vessels engaged in
the West Indian campaign-or rather
selected parts of them-but did not in
clude the log of the New York. The
late Judge Wilson objected TO this, and
succeeded in having the New York's
log included. Lemly's obvious object
was TO close the door TO any enquiry
concerning the absence Of the New
York. hull down behind the horizon"
during and until after the Spanish
squadron had surrendered to Commo-
dore schley But this was not the end
of the prosecutors" partisanship. 1t
is almost lnsonceivable that he should
have had the effrontery to insist that
the quotations from the Brooklyn's
log he desired to submit should omit
the entries OF July 2. 1898. But he did.
The Navy Department must declare
itself at once. II it intends to place it
self before the country in the attitude
of changing a court of enquiry volun-
tarily asked for by an honorable Of
ficer into a forum for the spiteful per-
secution of that officer by its represen-
tative, the sooner that is made plain
the better; and the more certain will be
a national demand for Congressional
investigation of the Sampson scandal
and the departmental administration
for the past four years.
Among the legacies of annoyance and
trouble which have come down to Pres
ident Roosevelt from the preceding Ad-
ministTation, the Sampson scandal Is
net the least serious. But the country
feels that he will not let the present
disgraceful crusade against the Victor
of Santiago go on much longer in the
brazen form Captain Lenly has given
il. The President has had experience
in the Navy Department. He can re-
cali without much effort how the re-
forms he tried TO introduce were de-
feated by the same men who. today.
are the prosecutors and prosecutors Of
Lear Adinira. Schley. He may regret