The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-08
.SCHLEY
COURT
CLOSED
LemIey Winds Up Public Ses-
sion With His Argument.
EXPLAINS HIS POSITION
Served Under SchIey and
Says He's No Coward.

Washington. Nov. 7-After sittings Gov
ering forty days. and with a record whith
when completed. Will cover abour 2.oOc
pages, the Schley court of inquiry at las
this afternoon adjourned its last public
session. To Captain S. c. Lemley. the
judge advocate. had been assigned the
duty Of making the closing argument in
the case ana soon after he had finished
his speech Admiral Dewey. bringing his
gavei down on the big fat table s,td:
There being no further business, the
court IS adjourned"
As was the case yesterday when Mr..
Fayner spoke. the attendance was large.
There was only one session during the
day. 1t began at . o'clock and the enurl
time was taken Up with Captain Lem
ley's address He rea dhis speech n clear
and district tones. and was given care
ful attention The speech in the main was
an analysis Of the testimony. but occa-
sionaly q conclusion wa sdrawn, and fre-
quently there was criticism OF the course
pursued by Admiral Ohen COMMODORE
Schley. Speaking Of Commodore Schley' S
conduct Captain Lemley said:
From my knowledge Of the man. hav-
ing served under his command on TWO
cruisers, I have never believed, nor do 7
claim from the evidence. that personal
misconduct or 10 call a spade. a spade.
cowar1ice wa sexhibited by Commodore
Schley in any part Of his career as com
mander-in-chief OF TIE flying squadron.
But 1 submit with regret in the passing
from Key West to Cienfuegos, while at
the latter port en- route to the southWa ard
of Santiago without settled destination.
in the retToGrade movement, in the return
to the vicinity OF Santiago and in the af-
fairs Of May 81, the commodore exhibited
unsteadires in purpose and in push. and
failure to obey orders
This statement was made toward the
close Of Captain LemIey's remarks. After
adjournment the members Of the court,
Admiral Schley and counsel fingered for
a time about the hall in which they re-
Gently have spent so much of their time
and there were many affectionate words
of farewell spoken. Admiral Schley, as
usual, was called upon 70 receive the
greetings Of a number Of admirers ard a
hundred or more people waited at the
door Of the han to bid him goodbye
Captain Lemley used no formality In
beginning his address when the court
convened. but rising quietly from his
seat opposite the tribunal. began 10 read
He said at the outest that his plan con
tenplated first a response to certain state
ments OF Admiral Scnley's counsel and
then pre- sentaton Of the subject in hand
on an Independent basis. He requested TO
be corrected If he made any errors Of
facts. He then entered upon a careful
analysis.
Captain Lemley said: with the con-
clusioE of the very brief address with
which I shall close the argument in this
inquiry, my practical connection with ii
ceases and the matter is left in your cap
able hands. I may add that while my
duties here have been arduous and neces-
sarily somewhat painful, am proud 10
have been associated with this distin-
guished court. which is to pass upon the
most important question ever considered
by a naval court-a question as defined
it in the early course of the proceedings
between the applicant and the morals OF
the service. In entering upon my duties
as judge advocate Of the court. ] 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. y perfectly impartial court
is constituted. The judge advocate and
any counsel assisting him are not Cand
their duty in this respect is plain in court
to prosecute anybody or 10 fnI anybody
guilty. but TO bring out the facts and
aid the court in declaring the truth
hot-o o~1eor-r--a 20 ~rrro~-
vice without fear or favor II I hava
appeared to fail in maintaining that i'm
partial attitude. which I feel and have al
ways felt towards the applicant. it is be-
cause aggression. however natural on the
part Of the earnest counsel beEets ag-
gression. and for the further reason that
in many instances throughout the in
vestiFation honest difference Of opinion
has compelled me n be earnestly conteu-
tous II order 70 adduce 10 believe what
7 believed to be material facts / deerl
.t not inappropriate that I should here
remark that the navy department in this
matter has maintained an entirely ncu-
tral attitude. that I have not been in
terfercd with hy it en- NY conduct n the +
ease, that IS the record demonstrate .
there have beer no alterations 20 the de-
1artnents records. that officers on d8ty
even in tha much abused bureau o. ravi-
cation have freely testified i1 behaif ~
the applicant aye an confident that che
evidence adduced fully justified the views
-f the department set forth in its reriy
1f r .bruary s. Ie7 ~ the same com
rittee m naval aa sirs wherein fl IS eas5
1f Commodore setlev referring r7rtica-
~r