The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-11-08
SAYS SCHLEY DESERVES
NO CREDIT FOR VICTORY
But Captain LemIy Admits That the Admiral Never
Was Guilty of CoWardCe.
Judge Advocate Concludes His Argument and the Court OIL
Inquiry AdjOurHS

Wv lungs covering I0rIy days ana
with a record which. when com
pleted, will cover about 1000 pages, the
Schley court of inquiry at 3:45 this
afternoon adjourned its last public ses-
sion. To Captain 5. c. Lemly, the
Judge advocate. had been assigned the
duty of making the closing argument
| in the case, and soon after he had fin
ished his speech, Admiral Dewey,
bringing his gavel down on the big
fiat table, said: There being no fur
Their business, the court is adjourned.
AS was the case yesterday when Mr.
RaynOr spoke. the attendance was
large. There was only one session dur
! ing the day. 1t began at o'clock and
| the entire time was taken up with Cap
tain Lemly's address. He read his
speech in clear and distinct tones and
was given careful attention. The
speech in the main was an analysis
of the testimony, but occasionally a
conclusion was drawn and frequently
there was criticism of the course pur-
sued by Admiral (then CommOdOre)
Schley. Speaking of Commodore
Schleys conduct Captain Lemly said
Schley Not a Coward.
From my knowledge of the man,
having served under him as comman-
der on two cruisers, I have never be
lieved, nor do 1 claim from the evil
dence, that personal misconduct-Or
to call a spade a spade, cowardice-
was exhibited by Commodore Schley in
any part Of his career as commander
in-chief of the flying squadron. But
submit with regret that in the passage
from Key West TO Cienfuegos. while
at the latter port, en- route to the
southwark Of Santiago without settled
| destination, in the retrOgrade move
ment. in the return TO the vicinity of
Santiago and in the affair of May 81
the commodore exhibited unsteadiness
in purpose and in push and failure to
obey orders"
This statement was made toward the
close Of Captain Lemly's remarks
After the adjournment the members of
the court, Admiral Schley and counsel
fingered for a time about the hall in
which they recently have spent so
much of their time. and there were
many affectiOnate words of farewell
spoken. Admiral Schley, as usual, was
called upon to receive the greetings Of
a number Of admirers and d hundred
or more people waited at the door Of
the hall TO bid him adieu
SIMPSONS Request Denied.
During the session the court of in
quiry declined to grant the request
made yesterday by Attorney Theall.
acting for Admiral Sampson. that the
/ remarks of Captain Parker concerning
the fact that the Spanish steamship
Colon lay in the harbOr at Santiago for
some hours after the arrival there Of
Admiral Sampson. be stricken from
the records. Admiral Dewey, writing
for the court said that this action had
/ been taken after careful consideration
Captain Lemly used no formality in
beginning his address when the court
convened, but, rising quietly from his
! seat opposite the tribunal, began to
read He said at the outset that his
plan contemplated first response to
certain statements Of Admiral Schiey's
counsel, and then a presentation of the
subject in hand on an independent ba-
( sis. He requested to be corrected if
he should make any errors of facts.
l He then entered upon careful anal
| ysis Of the testimony brought out at
the hearing.
Captain Lemly's Address.
| Referring to the testimony of Ad-
miral Schley and Captain Chadwick
/ concerning the formers conversation
/ with Admiral Sampson at Key West.
] Captain Lemiy said.
/ Z ask the court to apply to the an
/ plieant as a witness the well known
+ rule referred to with so much fervor bv
/ senior counsel that where two wit
/ nesses testify with regard to the same
. matter. and one of them rememb ars
/ and the other merely does not remem-
/ Der the circumstances of the matter. OF
/ let US say the conversation. the evil
/ dence of him who remembers must be
: accepted. If this be done. then there
! Is little lefe of the eVidenc given before
/ this court by the applicant, particu-
larry upon his cross-examination.
Commodore Schley has testified, "
/ said Captain Lemly. further along in
/ his address, that he consulted Com
modOre Remey at the naval base. Kew
! West, May Is. and at that time the
/ latter informed him as to the move
ments of the Spaniards. So had Ad-
miral Sampson on the 18th. And for
what, if not to meet the enemy's fleet
was Commodore Schley sent to Glen
/ fuegOs? Not because he expected To
find them already in there as the order
No. ; and Admiral Schley's testimony
Will clearly show. 1t was simply ex-
/ pected that the Spaniards would en-
deavor to reach CienfuegOs. and not
that they were there"
schley Was Informed.
Referring to Mr.. Baynors statement
| that when the report Of the Spaniards
being at Santiago was confirmed, moth
/ ing was done TO inform Commodore
/ SChley of this until the Hawk was sem
on the afternoon of May p. Captain
| Lemly said the Marblehead was sem
! at .r
No g.
1T is true he added. that this copy
did not reach Commodore Schlev unit
the 9th. When Hood. on the Hawk
was sent on the afternoon Of the DIST
he carried as a separate communica
tion the memorandum order on page
46S of the appendix; and this confirm.
} Mr.. Hood S testimony that at tina
| time Admiral Sampson regarded il q.
a practical certainty that the Spanish
squadron was at Santiago"
Both of counsel appear. he said q
ignore the very important parts of fn'
McCalia memorandum. "Ths latte
part clearly showed" he said. Com
mander McCalla's communication witt
the insurgents and their intimate a.
quaintance with matters in the reply
Captain Lemly cOntended that tn
| McCalla memorandum was delivered q
| Commodore Schley May %, and charges
the commodore with failure to at
tempt direct communication with tn
insurgents after its receipt
Speaking of the charge of disObedi
ence of orders. Captain Lemly said
THE applicants disobedience.
proved. viii be shown 20 be della.
in bringing himself into the presenc
OF the enemy"