Evening star., 1901-08-29
Ignores Opportunity to Consider the
Alleged Interview.
MAY AWAIT FORMAL CHALLENGE
Steady Progress in PreIiminaries
for the Encounter.
THE QUESTION OF COUNSEL


relation to the Schley court of inquiry.
He has received letter from Rear Ad-
miral Howison In simple acknowledgment
of notice that the court will meet in the
gun shop at the Washington navy yard
instead of in the Secretary's Office at the
Navy Department originally intended.
Admiral Howison made no reference to
the question of his competency as a men,
ber of the court, and indicated his pur-
pose of complying with the orders of the
department to report in the city on the
18th proximo for service as a member of
the court.
The letter was not made public, but the
acting secretary is authority for the state
ment that it contained no reference to the
question recently raised by the counsel of
Admiral Schley as to his eligibility to sit
in judgment in the case Of that officer In
consequence of published statements alleg-
ed to have been made by him while sta
toned at the Boston navy yard considered
prejudicial to the cause of Admiral Schley
on some of the principal points under in
yeStigation.
Some Surprise at His silence.
There is some surprise in official circles
at Admiral Howison's silence. as it
was generally expected that he would
take the first favorable opportunity
to place himself right in this matter. His
friends assert positively that he did not
make the statements attributed to him.
and that he will yet repudiate the authen-
ITCHY of the published interview.
In their letter to the Navy Department
the counsel for Admiral Schley requested
that Admiral Howison's attention be called
to the alleged interview and thus give
him an opportunity to take such action as
his sense OF the propriety of the occasion
might suggest twithstanding the de-
partment refused to act in accordance with
this suggestion. there was an impression in
some quarters that Admiral Howison would
voluntarily take cognizance of the official
correspondence published in all the
newspapers and make a statement. at least
to the department, which would remove all
doubt as to his entire impartiality in the
controversy.
Question Will Be Raised in Court.
According to the decision of the depart
men. the question as to Admiral Howison's
competency will be left to the decision Of
his associate members of the court There
come up in any other way, the counsel Of
Admiral Schley will demand the right to
question Admiral Howison on the subject
and If his answers are not entirely satis-
factory Will challenge his right to sit in
the case.
In order TO explain their relation to the
Schley court of inquiry the law firm of
Stayton & Campbell of New York gave out
the following statement in New York city
last evening:
We have been retained by certain naval
officers to represent their interests in con-
nection with the Schley court of INQUIRY
and to appear before the court or to take
any other steps that may be necessary for
the protection OF our clients.
We are not authorized to make any
further public statement. as our clients
feel that proper respect for the court
forbids public discussion of the matter by
them until the court has assembled
The Officers in Question.
The popular impression Is that the "cer-
tain naval officers" who have retained this
firm to represent their interests before the
Schley court are Rear Admiral Sampson
Rear Admiral Crowninshieid, Captain F. E.
Chadwick and Lieutenant Staunton, who
are generally regarded as the active ele-
ment against Admiral Schley in the pend
ing controversy. Admiral Crowninshieid is
chief of the bureau of navigation and is
said to have been mainly responsible for
the selection of Admiral Sampson to con-
duct the West Indian campaign. Captain
Chadwick commanded the flagship New
York and Lieutenant Staunton was Ad-
mfral SIMPSONS flag lieutenant during the
campaign which eliminated at Santiago.
1t is recalled that Captain Chadwick was
officially reprimanded by the Secretary Of
the Navy for public criticisms Of Admiral
Schley's alleged "reprehensible conduct
during that campaign.
RelatiOnship to Admiral Howison.
Mr. Stayton the senior member Of the
New York law firm. is said to be related
to Admiral Howison, a member Of the
court. According to the story, Mr.. Stayton
married a daughter of Chief Engineer Hen
derson, whose wife is sister of Admiral
Howison's wife. 1t Is stated in the office
OF the judge advocate general of the navy
that nothing is known there of Mr.. Stay
ton S connection with the
1t Is added, however, that should he ap-
pear as the counsel of Admiral Sampson
or other officers he would act independent
ly of the judge advocate Of the court. and
would bear the same relation to that officer
as will the counsel of Admiral Schley, ex-
cept in so far as their interests may be
more closely identified.
SchIey Alone Entitled to Counsel
1t appears from an examination of tie
rules and precedents that at least in the
initial proceedings no other person In inter-
est than Admiral schley can be represent
ed by counsel before the court. The pre-
cept under which the court will meet au-
thorizes the court to at any time grant
to others Interested and entitled thereto
like privileges, which means that they
may be present in person or by counsel
but 1t Will be noted that this may only be
done by the court itself. The Navy De-
partment has no power to recognize coun-
sci for any one else than Admiral Schley.
Consequently MI SldytDD cannot De recOB-
nized as counsel until the court convenes
and organizes.
Witnesses Ordered Home.
Ensigns w. p. Cronan, j. Halligan, jr.,
r. y. Marble, jr.. and u. s. Macy, who
have been named as witnesses in the COM
Ing court Of inquiry. have been ordered to
proceed to their homes Immediately. With
the exception Of Ensign U. s. Macy. who is
attached to the Atlanta, these officers are
now serving on the Asiatic station. Ensign
]. T. Bowers on the Ranger and Ensign
G. II. Woodward, on the Isla de Luzon,
have also been ordered home Immediately,
presumably with a view TO retaining them
as additional witnesses.
A committee representing the Junior
Order of United American Mechanics con-
sisting of Mr.. John H. Connor and DR. d.
+. Pennington of Baltimore, waited on Ad-
miral Schley in this city and fixed next
Tuesday evening as the time for presenting
him with a badge of the order. This badge
is made OF gold. handsomely designed and
set with diamonds. The presentation will
take place in Baltimore, and II Is expected
the admiral will make short address.
Marine Band Not in Danger.
Some of the newspaper men have brought
to the attention of Acting Secretary Hack
EFT the fact that the Marine Band played
Hail to the Chief last Monday in honor