The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-17

WciC DcSuu VIII the IedulnS Dy Jap
tain Lemly of Admiral Schiey's letter
requesting the convenIng of the court,
and the nav department prccept.
The court assumed a listening atti-
tude, but Admiral Schley, known as
"the applicant" in the case. gave only
Indifferent attention TO the document.
The admiral gave closer attention, how
ever. when the judge-advocate began
the reading of the order appointing
Real Admiral Howison a member of
the court in place of Rear Admiral
Kimberly and he continued to give care
full heed when his letter to tie depart
ment asking for a modification Of para
graph five of the precept regarding Az
miral Schley's disobedience of orders
was read, together with the depart
ment's refusal to comply with the re
quest.
None of these documents received
more thai perfunctory attention from.
the auditors, but there was a general
change OF attitude when the next Or
der of proceeding was reached. This
was the challenge or the part of Rear
Admiral Schley of Rear Admiral Howl
son. as a member of the court.
THE CHALLENGE OF HOWISON
While this challenge. of course, was
expected, it created no little commo-
ton, coming as it did without prelim-
mary announcement beyond the ques-
ton on the part Of Captain Lemly as
to whether the applicant had any OBJ
lection to the court to urge
Admiral Schley responded promptly.
Rising from his seat. he said: Il nave
to state with extreme regret that / am
Obliged to object to Rear Admiral How
ison as a member of the court"
He then read his formal objection as
follows:
Rear Admiral w. 5. Schley, in the
exercise of his legal right of challenge,
objects to Rear Admiral Henry L. How
iso upon h grounds:
L. That Rear Admiral Henry l.. Howl
son has already formed and expressed
an opinion On the merits of the case
about to be investigated n that he
is therefore ineligible for service as a
member of this court
80. That Rear Admiral Henry l..
Howison has already formed and eX-
case about to be investigated, adversely
to said Rea Admiral w. S, Schley,
thereby indicating a bias and prejudice
which renders him. the said Rear Ad-
miral Henry l.. Howison, ineligible for
service as a member OF the court.
"3. That Rear Admiral Henry L.
Howison has, in connection with the
subject matter about TO be Investigate
ed, expressed an unfavorable opinion
on the personal n professional char
acteristics of said Rear Admiral Schley
thereby Indicating a bias n prejudice
which renders his. the said Rear Ad-
miral Howison. ineligible for service as
a member of this court.
81. That Rear Admiral Henry l..
Howison, in connection with the opin-
ion formed and expressed by him upon
the merits of the case about to be in
vestigated, has instituted. and an
nounced a comparison between the acts
and personal and professional charac-
teristics of the principal parties to the
Sampson and Schley-to the disadvant-
age and disparagement of the latter,
thereby Indicating a bias and prejudice
which renders him. Rear Admiral Hen
ry l.. Howison, ineligible for service is
a member of this court"
A hurried consultation among the
members of the court followed. Ad-
miraI Dewey first turned TO Admiral
Benham, then stepped around the table
and engaged Captain Lemly in CONVEX
sation. Afterward he spoke to Rear
Admiral Howison.
THE TESTIMONY
Captain Lemly then asked if there
was any evidence in support of the
statement concerning Rear Admiral
Howison. to which Mr.. Raynor, speak
ing for Rear Admiral Schley, said there
was. EAullllldl DS"CS oiillouiiNSo tHNs
this would be heard.
In asking Schley for a designation OF
his witnesses, Captain Lemly referred
to the admiral as the accused" Ad-
mira1 Dewey promptly called his atten-
ton to the error. and the judge-advo-
cate general promptly corrected it, re-
ferring to him then as the applicant
Francis A. Frost, of The Boston
Record, who had reported a converse
ton with Rear Admiral Howison ir
which the letter was alleged to have
made reflections upon Admiral Schley
was called to the stand
The witness explained the nature OF
his duties. in securing news from the
/ Charleston navy yard. He then detailed
the conversation he is said to have haC
with Admiral Howison. This occurred
he said. in the commandments office, an6
| while it had not been given with thu
distinct understanding that it should bt
| published there was no injunction Of
| secrecy.
Publications had begun to appear con
| corning the credit for the victory. Thl:
had been referred to during the wit
ness visit to Admiral HowiSon and il
reply the admiral stated. so the witnes:
testified, tina Sampson vas entitled tt
the credit of the victory at Santiago
Admiral HowiSon described the dutie:
which had devolved on Sampson; hoy
vessels a been placed off the en-
trance of the harbor to guard agains
the escape of the Spanish fleet. Thu
witness said Admiral Howison stated
that if the American fleet had been de
feated, Admiral Sampson would hav,
been asked why it had occurred. MI
Frost said he had suggested that tn
public seemed disposed to give tn
credit to Schley. In spOns he testi
fed, that Admiral Howison went on t
say that Simpsons standing as an Of
icer and as a man. was greatly
perior to that of Schley.
what he said," pursued the witness
"inclined me to the belief that he ha'
no use for Admiral Schley.
On cross examination he vas show
the precept and vas asked by Solicito
Hanna if Admiral Howlson had ex
pressed an opinion on the points in tn
precept. The witness thought he ha
not, as many points in the precept wer
not involved in the conversation. Tn
witness adhered strictly to his frs
statement.
On redirect examination. Mr.. Ray