The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-27
Scope Of the Investigation, However,
Is Not Limited-SchIey Privileged
to Examine Witnesses.

WASHINGTON, July 26.-The preccpt to
the Schley court of inquiry which the Navy
Department has been preparing for several
days, was given 10 the public this after
noon. 1t Is a document addressed to Ad-
miraI Dewey, as president of the court, in
structing his concerning the matters to be
Investigated. While it directs that the
'entire matter" of Admiral Schleys con-
duct during the operations in West Indian
waters shall be investigated. making use of
the very words employed by Admiral Schley
I'm his letter TO Secretary Long. it also Sc
lects certain distinctive acts of the rear
admiral concerning the facts and propriety
of which it calls for particular investiga-
tion. These points cover briefly Admiral
schley's alleged delay with the flying
squadron at Cienfuegos. the slowness of his
progress toward Santiago after leaving
Cienfuegos. the retrograde movement toward
Key West, the effectiveness of the lombard
ment of the Spanish fleet at the ranges
used in the reconnaissance of May 81, the
state of the coal supply on various ships
when he telegraphed the department that
he would return to Key West. the loop of
the Brooklyn at Santiago, the accuracy of
his reports and matters relating to the
controversy between him and Commander
Hodgson over the alleged colloquy, which
IS said to have taken place aboard the
Brooklyn when the loop was made during
the naval engagement off Santiago With
the exception of the last two counts the
others practically up the criticisms of
Admiral Schley's conduct made by Secre-
tary Long to the Senate which the secre-
tary characterizes as Scheys reprehensi-
BILE conduct"
One OF the important points in the pre-
cept is the direction to the court TO report
in its conclusions 'all the pertinent facts
which 1t may deem to be established. to-
gether with its opinion and recommended
tions in the premises"
Secretary Long made the following state
ment about the precept: 1T is simply an
enumeration of the facts that have been,
20 use the applicants own words. under
discussion they are referred TO informally
and are suggested to the court as matters
which have been under discussion. and as
such should be inquired into by them. They
are enumerated in accordance with the
general rule that when inquiry is made the
person interested should have notice be-
forehand. as far as possible, of all the
specific things about which inquiry is likely
20 be made
Judge Advocate General Lemly. who was
designated as judge advocate of the court
to-day, Will now proceed with the prepara-
tion Of his case. He will examine all docu-
ments and prepare a list of witnesses. The
court probably Will sit for several months
more than likely until after Congress con-
venes, in December. Judge Lemly has not
set decided who the witnesses before the
court shall be. They may be taken from
the navy. from the army or from civil life
for undoubtedly some of the newspaper
correspondents will be called I'm this case.
IT is even probable, in view of the recently
published interviews of Captain Eulate,
of the Spanish navy, that he and Admiral
Cervera himself. will be called il Admiral
Schley desires it. OF course, the court of
inquiry has no authority to compel their
attendance. and ii is more than doubtful
whether they would respond to a summons
but the opportunity will be afforded
No word has been received from Admiral
Kimberly. who. it was reported, had writ
ten to the department saying that his
health made 1t inadvisable for him TO at
tempt to serve on the court. He will not
be officially notified of his selection as a
member of the court until he receives the
precept which was mailed TO him to-day
A copy of the precept also will be sent to
Admiral Dewey and Rear Admirals Ben
ham and Schley.