Morris tribune., 1901-11-09
ENDS
JUDGE ADVOCATE LEMLY con-
cLUDEs The ADDRESSES IN
THE scHLEY INQUIRY. ia.
BRIEFLY SUMS UP THE CASE

Does Not Claim the Commodore Elk
hibited cowardlce but Asserts THAI
His Conduct at Different Times IL
the Cuban Campaign Showed Lack
OF Steadiness in Purpose and Fall
ure to Obey Orders.
Washington, NOV. s.-Judge Advo
cate Samuel G. Lemly made the clos
ing argument in the Schley court OF
inquiry. There was no forenoon ses-
sion of the, court and the judge advo-
cate did not have an opportunity to
begin his address until o'clock. He
read from manuscript. The first half
of the address was devoted to consid-
Grafton of points made by Mr.. 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. Refer
ring to the testimony of Admiral
Schley and Captain Chadwick concern
ing the formers conversation with Ad,
miral Sampson at Key West Captain
Lemly said:
81 ask the court to apply to the &p-
plicant as witness the well known
rule, referred to with so much fervor
by senior counsel, that where two wit
nesses testify with regard to the same
matter and one Of them remembers
and the other merely does not remem-
Der the circumstances of the matter
or let us say the conversation, the evil
dence of him who remembers must be
accepted. If this be done, then there
is little left of the evidence given be-
fore this court by the applicant, par
ticularly upon his cross-examination."
Both of the counsel appear, he said,
to ignore the very important parts Of
the McCalla memorandum.
'tThe latter part clearly showed" he
said, Commander McCalla's commu-
nication with the insurgents and their
intimate acquaintance with matters IL
the city,"
Captain Lemly contended that the
McCalla memorandum was delivered
to Commodore Schley May %, and
charged the commodore with failure
to attempt direct communication with
the insurgents after it's receipt.
Speaking of the charge Of disobed-
fence of orders, Captain Lemly said:
"The applicants disobedience, If
proved, will be shown to be in delay
ing in bringing himself into the pres
ence of the enemy"
Continuing, the judge advocate said:
Tried to Act ImpartialIy.
with the conclusion of the very
brief address with which I shall end
the argument in this inquiry my con-
is left in your capable hands. l may
add that, while my duties here have
been arduous and necessarily some
what painful, am proud to have been
associated with this distinguished
court, which is to pass upon one Of the
most important questions ever consid-
cred by naval court-a question, as
I defined it in the early course Of the
oceedings-between the applicant
and the morale of the service In
entering upon my duties as judge adj
vocate of the court I had in mind adj
vice given me by the secretary of the
navy, soon after my appointm as
follows:
admiral Schley asks for court |
of inquiry. A perfectly impartial
court is constituted. The Judge ad- !
vocate and any counsel assisting him
are not (and their duty in this respect |
is plain) in court to prosecute anybody |
or to find anybody guilty, but to bring
out the facts and aid the court in de-,
claring the truth
81 have endeavored to follow this |
advice without fear or favor. II 1 !
have appeared to fail in maintaining
that impartial attitude, which I feel |
and always have felt towards the ap- |
plicant, it is because aggression, how
ever natural on the part of the earnest I
counsel begets aggression and for the
further reason that in many instances
throughout the investigation honest
difference of opinion has compelled /
me to be honestly contentious in order
to adduce what believed to be ma
terial facts. I deem it not inappro-
pirate that should here remark that
the navy department in this matter
has maintained an entirely neutral at.
titude; that have not been interfered
with in my conduct of the case"
Considering the Evidence.
Captain Lemly said that the volum.
inous evidence had been so fully
treated in all its bearings that it was
not his purpose to enter upon de-
tailed discussion of it. Beginning
with the passage of the flying squad
ron from Key West to Cienfuegos in
search of the Spanish fleet under AID.
miral Cervera, he said that the speed
between Key West and Cienfuegos
was but 10 knots, but under the then
existing conditions of wind and wealth
or, greater speed might have been
maintained.
Reference was made to the inter-
view with Captain Chester Of the Gin
cinnati on this trip and Captain Lemly 4
said: n. h;
ALREADY, as appeared from their
conversation, Commodore Schley, 4
though treasured by Captain Chester, i
was troubled in his own mind over the, Fl
coal conditions and the problem of /
eoaling at sea, demonstrating that at |
the very outset he. was borrowing
trouble"