The sun., 1901-11-08
ARGUMENT BY LEMLY.
Judge Advocates Address TO the
Schley Court of Inquiry.
THE EVIDENCE REHEARSED,
Speaker Declares That the Admirars
Dlsobedience of Orders was Not
an Error of Judgment,
but of Conduct.

Guiding argument in the Schley court
of inquiry. There was no forenoon
session of the court, and the judge ad-
vocate did not have an opportunity to
begin his address until 2 o'clock. The
first half Of the address was devoted
to consideration Of points made by Mr.
Rayner and Captain Parker in Ad-
miral Schley's behalf, and the latter
half was a general review from the
government point of view of the evil
dence.
He began by declaring that he had
endeavored to follow the advice of the
secretary of the navy to be perfectly
impartial. He then said that the vo-
luminous evidence had been so fully
treated in all its bearings that 1t was
not his purpose to enter upon detail
ed discussion of 1t. Beginning with
the passage of the flying squadron from
Key West to Cienfuegos in search of
the Spanish fleet under Admiral Ger
vera he said that, while the speed set
by the applicant from Key West and
Cienfuegos was but ten knots, under
the then existing conditions of wind
and weather greater speed might have
been maintained. Other delays of this
voyage Were referred to. 1t should,
he thought, be remembered that Com
modore Schley's orders required that
the blockade Of that port be establish
ed with the least possible delay.
Reference was made to the interview
with Captain Chester of the Cincinnati
OH this trip, and Captain Lemly said
ALREADY, as appeared from their
conversation. Commodore Schley, al
though reassured by Captain Chester,
was troubled in his own mind over coal
conditions and the problem of coaling
at sea, demonstrating that ut the very
outset he was borrowing trouble"
The McCnIIa Signals.
Referring to the McCalla signals, he
said it was clear that the Marbehead
had not arrived at Key West when the
flying squadron sailed and therefore
that these signals could not have been
communicated to Commodore Schley
there.
There is little doubt however" he
added, that if the commodore had
upon meeting the Marblehead directed
the flagship he would have been fully
Informed as to the signals. notwith.
standing the commanders declared
purpose to preserve them with as much
secrecy as practicable for the protec.
tion Of the insurgents themselves. But,
Independently of any signals was it not
incumbent upon the commodore himself
to make effort? Was lie justified in
this and in other similar matters nota
bly, later off Santiago, in relying solely
on the efforts of others?"
The fact, however, is clear. he said
that tile applicant did receive copy
OF the McCalla memorandum at Glen
fuegos at least by S:15 O'Clock on iii,
morning of May %, and, although by
reason of Commander McCalla's eau
tlon the signals which he did not wish
TO place in writing We're not embodied
III this memorandum such full informa.
tion was contained therein as showed
that the insurgents in the vicinity OF
oienfuegos were accessible to commu
ncation and that they had perfect
knowledge of what was going on with.
i'll the city. He also said that the evi
dence is full as TO the condition of the
weather and sea off Cienfuegos and
that the logbooks of the vessels while
there from the 22d to the 24th of May
inclusive do not record bad conditions
III these particulars, but Indicate, ON
the contrary, that they We're good.
The AduIa Episode.
Captain Lemly said that as the ar.
rival Of the Adula was purely acci.
dental little stress should be laid upon
the misplaced confidence with which
i was assumed that that vessel, being
allowed to go in, would be permitted
by the Spanish authorities to return
with information as to whether Ad.
llliral Ccrvera's squadron was or was
not located within the harbor, this par.
tlculhrly in view of the fact that hos.
ilie ilret was outside Considering the
voyage from Cienfuegos, Captain Lem.
~ said:
The commodore's orders directed
that he proceed with all dispatch, but
cautiously, to Santiago. He certainly
proceeded slowly. But cautiously did
not weaken the force of the words all
dispatch The great military neces.
"lty at this time was to find and check
me enemy's fleet. Caution was needed
lest 1t might pass undetected to Glen
fHegos or lest it might he stumbled up
~ without preparation If ncither car
ried lights. For these reasons the great
est caution demanded all dispatch be-
cause the timely reaching of Santiago
limited to the utmost such chances.
Certainly the flying squadron did not
leave with dispatch nor with caution.
rs shown particularly by the fact with
regard to the latter condition, that She
was using the Ardois system of signals
for hours after getting under way. IL
would appear that there was little to
prevent its departure for the eastward
from being discovered and in due
course communicated to Santiago:
Having brought the squadron to the
southward of Santiago, on May 2S, the
judge advocate took up the coaling
question, quoting Lieutenant Dyson's
nElires on the question of coal supply
N some detail.
Then he considered the retrograde
movement. This step, he said. had been
undertaken without sufficient or de-
clsive steps being taken to ascertail
whether the Spanish fleet was actually
III the harbor of Santiago, leaving the
,AaI,N Il