The Washington times., 1901-09-30
A WEAK CASE PRESENTED.
The Charges Against Schley Not
Yet Substantiated.

Hfctfng Testimony Adduced - Ap-
pIicant's Side stiIi to BE Heard
More than two weeks have elapsed since
the Court of Enquiry appointed by the
Secretary of the Navy first assembled al
the Navy Yard for the purpose of investi-
eating the charges made against Rear
Admiral Winfield S Schley. To the un-
prejudiced and impartial observer there
seems to be more reason than ever for
asking what basis there has been for the
charges.
1t cannot be claimed that the Navy De
partment has as yet established its case,
although practically one-third of its wit
nesses have been called to testify A ma
iority of these witnesses are generally
supposed to be among those who were eX-
pected to prove all of the more important
accusations against Schley.
From these very witnesses it has been
developed upon cross-examination that
certain of the specifications contained in
the precept-indictment were made with
out foundation. or at least without just
warrant. They have also afforded expla-
nation for the course pursued by Admiral
Schley wherein the propriety of his con-
duct had been called into question.
The Navy Department started out to
prove. ten specific points against Admiral
Schley. Thus far, it has shown that he
withdrew from before Santiago. upon his
arrival there on May q, returning to Key
West Cor coal There has as yet been no
opportunity afforded the Court to ascer-
tain the reasons for his so doing short
age in the coal supply on the ships uh-
der Sehley's command, and the impractl-
cability of coaling at sea have been given
as the reasons for this so-called retro
grade movement. The subject of the coal
sunply has been brought up, but ii can
scarce be said that anything definite has
been proven. 1t has been shown that
Schley was very apprehensive about coal
ing his vessels. and that some of his sub
ordinate officers did not share his fears
and some have said that they could have
put on coal But the evidence SO Tar
submitted is insufficient to afford a basis
for positive opinion.
Testimony has been produced showing
that Schley sent from pe1ore Santiago,
by the Harvard, a message to the Secre-
tary of the Navy, to be filed at Kingston,
In which he said he regretted that the
orders of the department could not be
obeyed. But in this connection, it has
also been developed that the despatch as
which, the charge of disobedience of or
ders Gas based, differed in some material
respects from the original text as pre-
pared by Schley. aboard the Brooklyn
The Navy Department. in order to exon
crate itself from charge of garbling or
altering the message, produced a witness
who made a translation of the message
from the code despatch. as it appeared
on the Harvard, and which corresponded
in ali material respects to the copy in
the appendix. This did not prove how
ever that the code copy was a true trans
lation of the original prepared by Schley.
1t has been shown that Schley's attack
on the Colon. as she lay in the mouth of
Santiago Harbor on May 81, was ineffec-
tive. and an effort has been made to prove
that he did not do all that he should have
done upon that occasion to destroy the
enemys ship But in rebuttal the special
ordes of the Navy Department were forced
in evidence, directing the commanders Of
ships not to unnecessarily expose their
vessels to the fire of the land batteries
of the enemy. So that the evidence in
troduced to substantiate that charge has
fallen far short of the intention.
Regarding the delay at Cienfuegos,
which has been charged against Schley
so mu2h testimony Of conflicting nature
has been adduced that It is almost impos-
sible to extract the facts. Schley was
ordered to proceed at once to Santiago
He was told by Sampson, in a despatch,
to disregard the orders Of the depart
ment Sampson told him, in another
despatch. that he believed the Spanish
feet were at Santiago. and that he con-
sidered the information definite. but. at
the same time, advised him, in substance,
TO exercise his judgment
Sampson directed him to proceed with
all possible haste, if in his Judgment. the
enemy was not at Cienfuegos Witnesses
have testified that Schley said he was not
satisfied that Cervera was not at Glen
fuegOs. and gave his reasons for beiiey-
ing that he was there Witnesses have
SAID that he was perpiexed by the con-
nlctlng messages and much concerned re-
garding his shortage of coal
This much of definite information has,
been elected in regard to the
relay at Cienfuegos: That Schley was not
advised until the day of his departure
from on that port of the code of signals
established with the insurgents and of
he landing place arranged for by Captain
McCalla. Captain McCalla admitted this
much upon the stand. and assumed man
fully the responsibility for it.
The famous loop" of the Brooklyn the
by which it has been charged
Schley narrowly escaped running down
the Texas, has not played such a promi-
nent part in the proceedings as was
anticipated. For four or five days past
II has not been mentioned. During the
early part of the hearing an attempt was
made to prove that a collision with the
Texas had been narrowly averted and
that it would have occurred had not the
engines of the latter ship been stopped
and reversed
Commander Heilner. who was on board
the Texas al the time, was the principal
witness To testify in regard 20 the loop"
He said that when the engines OF the
Texas were stopped and reversed he
looked up and saw the great grey ship
looming up out of the smoke and steam
1g TO $50 yards in front of the Texas"
When the official chart of the Navy De-
partment. showing the course and
Of the vessels engaged in the
Santiago fight on the morning Of July 3,
was called to his attention Commander
Heilner was forced to admit that the flag
ship was 2,G00 and possibly 1900 feet from
the Texas. or eight or ten times as dis
Then he said he did not and never had
2 greed with the chart
Stree that time the loop has not figured
In the investigation. Three other wit
he Texas were reversed but the logs
IF the Texas have been brought into evil
ience to show that no entry was made
lpOn them indicating that the engines OF
hat ship had been either reversed or
stopped. Then IL was said that Captain |
Philip. who commanded the Texas, who |
has died since. had ordered the entry
omitted.
A great deal Of testimony has been pro- |
iuced, whose relevancy has not seemed |
to the investigation There have
1een many verbal encounters between the |
and arguments before the Court |
IS TO the admissibility of certain evil |
Hence. This has tended to enlivcn and |
add interest 10 the proceedings.
a feature Of the hearing. thus far has
been the persistent effort of the Judge nd-
Focate to keep Admiral Sampson out Of |
he investigation Whenever his name |
mas been mentioned or the eyideace