The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-13

cnaliengc, anu thdt Admiral HOWiS0n
would be excused from further attend
ance.
The decision came so quickly and unex-
pectedly that it sent a fiutter of agitation
throughout the court room. There was a
buzz of animated comment, and Admiral
Schley exchanged looks of satisfaction
with his counsel. Admiral Dewey thcu at
once closed the proceedings of the day
by announcing that the court would ad-
journ indefinitely until the Navy De-
partment had named an officer to sue
ceed Admiral Howison.
The formal proceedings of the cougt
were begun with the reading by Captain
Lemly of Admiral Schley's letter re-
questing the convening of the court, and
the Navy Departments precept
The court assumed a listening attitude,
but Admiral Schley, known as "the ap-
plicant," in the case, gave only indiffer-
ent attention to the document.
The Admiral gave closer attention,
however, when the judge advocate began
the reading of the order appointing Rear
Admiral HowiSon a member of the court
in place of Rear Admiral Kimberly. and
he continued to give careful heed when
his letter to the Department asking for
modification of paragraph five of the
precept, regarding Admiral Schleys dis
obedience of orders was read, together
with the Departments refusal to comply
with the request
None of these documents received more
than perfunctory attention from the au-
ditors, but there was a general change
of attitude when the next order of pro-
ceeding was reached. This was the
challenge on the part of Rear Admiral
Schley of Rear Admiral Howison, as a
member of the court.
While this challenge of course, was ex-
pected, it created no little commotion,
coming as it did without preliminary an
nouncement beyond the question on the
part of Captain Lenly as to whether the
applicant had any objection to the court
TO urge. Admiral Schley responded
promptly. Rising from his seat he said
Il have to state with extreme regret
that l am obliged to object to Rear Ad-
miral Howison as a member of the
court" He the nread his formal OBJ
lection as follows:
Rear Admiral w. S. Schley, in the
exercise of his legal right of challenge,
objects to Rear Admiral Henry L. Howl
son upon the grounds
81. That Rear Admiral Henry L.
Howison has already formed and ex-
pressed an opinion on the merits of the
case about to be investigated and that
he is therefore ineligible for serevice as
member of this court
'2. That Rear Admiral Henry l.. How
ison has already formed and expressed
an opinion on the merits of the case
about to be investigated, adversely to
said Rear Admiral W. S. Schley, thereby
indicated bias and prejudice which rem
ders him, said Rear Admiral Henry L.
Howison, ineligible for service as a
member of this court.
%. That Rear Admiral Henry l..
Howison, has in connection with the
subject matter about to be investigated.
expressed an unfavorable opinion on the
personal and professional characteristics
OF sail Rear Admiral Schley, thereby in
dicating q bias and prejudice which rem
ders him. said Rear Admiral Howison,
ineligible for service as member of this
court.
a. That Rear Admiral Henry L.
HoWison, in connection with the opinion
formed and expressed by him upon the
merits of the case about to be investi-
gated, has instituted and announced a
comparison between the acts and per-
sonal and professional characteristics of
the principal parties to the present issue.
VIZ: Rear Admirals Sampson and
Schley-to the disadvantage and dis
paragement of the latter, thereby indi-
eating bias and prejudice which rem
ders him, Rear Admiral Henry L. Howl
son, ineligible for service as a member
of this court.
hurried consultation among the NOM
bers of the court followed. Admiral
Dewey first turned to Admiral Bonham
then stepped around the table aad en-
gagged Captain Lemly in conversation. IIo
afterward spoke to !tear Admiral Howl
son.
Captain Lemly then asked If there was
any evidence in support of The state
nents concerning Rear Admiral Hovison.
to which Mr.. Rayhor, 3p eak;ng for Rear
Admiral Schley, said there was. Admiral
Dewey announced shat this would be
heard.
In asking Admiral Schley for o desig
nation or his witnesses Captain LeIrly
referred to the Admiral rs the "accus d."
AuAhAi@i DCWSy plOulI' Y caIloL his at
tention to the error and Judge Advocate
General promptly corrected it, referring
to him then as "the applicant"
Francis A. Frost, of the Boston Rec
ord, who had reported a conversation
with Rear Admiral Howison in which the
latter was alleged to have made rcfiec-
tions upon Admiral Schley, was called 10
the stand
The witness explained the nature of his
duties, in securing news from the Charles
town Navy Yard. He then detailed the
conversation he is said to have had with
Admiral Howison. This ccurred, he said.
in the commandant's office, and while it
had not been given with the distinct I'm
derstanding that it should be published
there was no injunction of secrecy.
Publications had begun to appear con-
cerning the credit for the victory This
had been referred to during the witness
visit to Admiral Howison in reply The
Admiral stated. so the witness testified.
that Sampson was entitled to the credit
of the victory at Santiago. Admiral
Howison described The duties which had
developed on SAMPSON how vessels lr,d
been placed off the entrance of the hatbor
to guard against the escape of the Span
ish fleet. The witness said Admiral II wv
iSOn stated that if tho kuorioa,, doot 1,o 4