The Caucasian. (Clinton, N.C.) 188?-1913, 1901-11-14
SCHLeY COURT or INQUIRY.


Judge Advocate L~mIy Make. Closing
-p rrh m which He Acquits the Att
m,rnI Of rhs Charge Of Cow ardice.
Washington, Nov. 8.-The fina,
puhII" session of the Schley court of
iu4dry wa held Thursday after
noon. EXac,ly nine weeks To day
u.yr elapsed since the court first as
-ubIcd, while actual sittings were
held ON forty days. The record of
testimony makes volume of con-
-ljrraDIy over ZOO papes, and it l.
,-'lmated that about 1000. 900
words were spoken during the prog
r,-- OF The case.
tn" session yestt rday was oc u
ucd by Judge Advocate Lemly In
delivering the closing argument for
tur prosecution. His address WAS a
we've arrangement of Admiral
~rhlcy, who was condemned for ev-
urything he had done or not done.
while all the other officers OF the
navy who had withheld or omitted
~ communicate information were
EXCUSED or COndOned. It is worth
noting, however, that Capt. Lemly
acquitted Admiral Schley Of cow
rdrcc IN any part of his career az
rpmnander in-chief of the Flying
squadron. lie asserted that the
cha ge of unsteadiuess of purpose
and push and of failure to obey or
drr1 had been established.
The mem OerS Of the court will as
-emble on Monday in rooms secured
at tine northeast corner of. III street
and Vermont avenue to b gin the
consideration Of the case. A decis-
ion j. not expected for several weeks,
rs Admiral Dewey said yesterday
that the evidence would be review
ot with careful scrutiny. Other
members of the court confirmed the
prediction that a verdict is not to be
expected for some length of time.
In his concluding argument be-
fore the court Captain Lemly said:
"While prtjudiced statements to
the contrary have been made, the
department has maintained an en-
tireIy neutral attituds l have not
been interftrei with by it i'm my
conduct of the case. AS the record
demonstrates, there has been no al
teration OF the department records
Officers on duty even in that much
abused Bureau of Navigation have
freely testified in behalf of the ap.
plCant
II am confident that the evidence
abduced fully justities the views of
the department set forth i'm lis re-
ply of February 6, 1899, to the Sen
ate Committee on Naval Affairs lex
ecutive document C) wherein it is
said of Commodore Schley, referring
particularly to the naval battle OF
July 1898:
"'Where so much was achieved
in his eliminating battle, and where
his ship was such a conspicuou-
force in the fight, his conduct, while
in Independent command prior tC
June /, the record of which has been
given above, and which, by reason
OF its unsteadiness in purpose and in
failure to obey orders, did not nee
the approval of the pre- ,ident and
the department, was not yet per
mitted to stand in the way of his
nomination, for proiuotion to high
er grade for the part he took in the
final triumph ,"
The judge advocate contended
that Schley made too slow pas sagt
with the flying squadron from Key
West to Cienfuego", despite his or
derS from Sampson that he ''estab
lish blockade at Cienfuegos witt
the least possible delay, and that /
should be maintained and close q
possible"
Continuing the judge advocat
said: "further delay on this tri
was due to the time lost, withou
apparent good reason or results, il
communicating on May 20, witt
Captain Chester, commanding tn
Cincinnati, the greater part OF whicI
delay might have been avoided il
instead of both vessels stopping dur
ing the communication, the Ciucin
natl had been directed to follow tn
flagship on her easterly course, pend
ing the interview, by doing whic
only the time necessary tor tn
commanding officer to pass from hi
vessel to the flagship and to leav
the latter would been lost"
Captain Lemly, turning his ate;
tion to the retrograde movement
said it was made by the Rear AZ
miral without consultation with tn
commanding officers of his squadron
Surely, in so important matter
he had listened to their advice
would not, in any wise, have d'
tracted from the responsibility {
the Rear Admiral. He would haN
had the benefit of their advice wit
out being bound to follow it.
In discussing the charge of dis
bedience or orders, the judge adv
cate said:
''I shall not attempt to follow tt
contention that the retrograde NOV
ment of May 81 did not constitu
disobedience of orders. Wheth
the departments instructions de
nitely directed in positive tern
that the flying squadron should
main off Santiago, or whether
desire that this should be done W
simply indicated, appears to me, u
der all the circumstances, to be iL
material. D;sebedience of orde
may b az .,perative and glorio