The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-08

with the f1ylng squadron the retfograde
movement was already begun, and Sigs-
bee has testified that the questions prin
cipally discussed on board the flagship
were not of the whereabouts of the
Spanish fleet, but the question of coaling.
The dispatch sent on the morning of
May % confirms the witness. With a
purpose so fixed in the Commodore's
mind, it is likely that advice on the part
of SigSbee and Wise to remain at San
tiago would now be construed, by coun-
sci in the same manner in which they ap-
pear to have regarded Hodgson's caution
to Commodore Schley as to the proximity
of the Texas: in other words. it might
now be construed as an unseemly pro-
test.
DISOBEDIENCE OF ORDERS.
"As to the question of disobedience of
orders,' said Captain Lemly, counsel
has properly stated that a report that
orders would be disobeyed does not con-
lst.t-te such disobedience. Commodore
Schley's conduct is being scrutinized in
the light of the facts, and not alone in
the light of the statements which he
made concerning his intentions. Counsel
has cited the disobedience of Nelson;
but at Copenhagen Nelson disobeyed or
ders and went for the enemy. The ap-
plicants disobedience. if proved, will be
shown to be in delaying in bringing him.
self into the presence of the enemy
In the course of his argument Captain
Lem.y said
while my duties here have been
arduous and necessarily somewhat pain
full. l am proud to have been associated
with this distinguished court, which is to
pass u3on one of the most important
questions ever considered by naval
court-a question. as l defined it in the
early course of the proceedings between
the applicant and the morale of the SER
vice. In entering upon my duties as
Judge Advocate of the court, l had in
mind advice given me by the Secretary
of the Navy soon after my appointment
as follows:
Admiral Schley asks for a. Court of
Inquiry; a perfectly impartial court is
constituted. The judge advocate and any
counsel assisting him are not (and their
duties in this respect are plain) in court
to prosecute anybody or to find anybody
guilty, but to bring out the facts and
aid the court in declaring the truth.
JUsTIFIES THE DEPARTMENT.
Il have endeavored 20 follow this ad-
vice without fear or favor. If have ap-
peared to fail in maintaining that i'm
partial attitude which l feel and have
always felt towards the applicant, it is
because aggression, however natural on
the part of earnest counsel, begets ag-
gression, and for the further reason that
in many instances through the investiga-
tion honest difference of opinion has
compelled me to be earnestly conscien-
tious in order to adduce what l believed
to be material facts. / deem it not in
appropriate that l should here remark
that the Navy Department in this mat
ter has maintained an entirely neutral
attitude; that ! have not been interfered
with by it in my conduct of the case;
that. as the record demonstrates. there
has been no alteration of the Depart
ment's records; that officers on duty
even in the much abused Bureau of
Navigation freely testified in behalf of
the applicant; and l am confident that
the evidence adduced fully iustifies the
views of the Department.
Captain Lemly referred to the delays
on the voyage to Cienfuegos. Comment
ing on the interview with Captain
Chester of the Cincinnati on this trip
Captain Lemly said
ALREADY, as appeared from their con-
versation, Commodore Schley, though re-
assured by Captain Chester, was troubled
in his own mind over coal conditions and
the problem of coaling at sea, demon
strating that at the very outset he was
borrowing trouble
THE NCALLA SIGNALS.
Referring TO the McC.lla signals he
had not arrived ct Key West when the
Flying Squadron sailed, and therefore
that these signals could not have been
communiea ed 10 Commodore Schley
there. There is title doubt, however"
he added, That il the Commodore had
upon meeting the Marblehead. directed
Commander McC..ila TO report on board
the flagship, he would have been fully
Informed as to the signals. But indie
pendently OF any .ignals, was it not in
cumbent upon the Commodore himself
TO make efforts? Was he justified in
this and in other similar matters, notab-
ly later of Santiago. in relying solely
upon the efforts of others
Considering the voyage from Cienfue-
gos. Captain IeInly said:
"Tbe Conmodcre's orders directed
that he proceed with all dispatch, but
cautiously 10 S, ntiaco. The great mill
tary necessity at this time was TO find
and check he ercmvs feet Certainly
the Flying Squadron did not leave with
dispatch. Tor with caution. as shown
particularly by .be fact with regard to
the latter condition, that she was using
the Ardois eystein of signals for hours
after getting under way. 1t would ap
pear that rlere was little to prevent its
departure ttr the eastward from being
discovered and III due course comnluni-
Gated to Santiago
TAKES rp MOVE TO KEY WEST.
Having brought the squadron to the
southwark # Santiago, on May IS, the
Judge Advocate took up the coaling
question. Then be considered the retro
grade movement. This step he said had
been undertaken without sufficient or
decisive stems being taken to ascertain
whether the Spanish feet was actually
in the harbor of Santiago, leaving the
mouth of tie harbor unmatched. and
Cervera free to escape. with the Dossi-