The Savannah morning news., 1901-11-08
DEWEY DROPS THE GAvEL AND
THE COURT ADJoURNs.
LEMLY'S CLOSING ARGUMENT.
EXTOLs .SCHLEY'S BRAVERY, BUT
ARRAIGNS his JUDGMENT.

SchIey's Hand as He Leaves the
Court.
Washington, Nov. 7.-After sittings
covering forty days and with a record,
which when completed, will cover about
1000 pages, the Schley court of inquiry
to-day, at S:45 p. m, adjourned its last
public session To Capt. S. c. Lemly,
the judge advocate, had been assigned
the duty of making the closing argu-
ment in the case, and soon after he
had completed his speech, Admiral
Dewey. bringing his gavel down upon
the big fiat table. said:
There being no further business, the
court is adjourned.
AS was the case yesterday when Mr..
Rayner spoke the attendance was
large. There was only one session
during the day. 1t began at 2 o'clock.
The entire time was devoted to Capt.
Lemlys 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 tes-
timony, but occasionally a conclusion
was drawn and frequently there was
criticism of the course pursued by Ad-
miral (then COMMODORE Schley.
Speaking of Commodore Schley's
conduct, Capt. Lemly said:
No COwardice, Says LemIy.
From my knowledge of the man.
having served under his command on
two cruises, have never believed, nor
do 1 claim from the evidence, that per-
sonal misconduct-or, to call a spade a
spade, cowardice-was exhibited by
Commodore Schley in any part of his
career as commander-in-c chief of the
Flying Squadron. But I 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 movement, in the return
TO the vicinity of Santiago, and in the
affair of May 81, the commodore ex-
hibited unsteadiness in purpose and in
push. and failure to obey ORDERS
This statement was made toward the
close of Capt Lemly's remarks. After
adjournment the members of the court
Admiral Schley and counsel fingered
for time about the hall in which they
recently spent So much of their time,
and there We're many affectionate
words of farewell spoken. Admiral
Schley, as usual, was called upon to re-
ceive the greetings of number of ad-
mirers and a hundred or more people
waited at the door of the building to
bid him adieu.
Capt. LeInly used no formality in be-
ginning his address when the court
convened, but rising quietly from his
seat opposite the president of the tri-
bunal, began to read. He said at the
outset that his plan contemplated, first,
a response to criticisms of Admiral
Schley's counsel, and then a presenta-
tion of the subject in hand on an in
dependent basis. He requested to be
corrected if he should make any err
rors of fact.
mony concerning the interview between
Admiral Sampson and Commodore
Schley off Key West before the cruise
to Cienfuegos, he said:
Senior counsel has indicated to the
court certain considerations which
should be taken into account in CIV
ing relative weights to the testimony
Of Capt. Chadwick and the applicant
relative to the subject matter of the
conversation between Admiral Samp-
son and Commodore Schley at Key
West, May Is. In connection with this,
the latter's statements about this mat
ter made at other times should be re-
garded, and particularly his statement
to the Senate Committee on Naval At
fairs and the consideration that at this
time neither Admiral Sampson nor
Commodore Schley nor Capt. Chadwick
had any notion the Spanish ships would
go to Santiago.
81 ask the court to apply to the ap
plicant as a witness the well known
rule, referred to with so much fervor
by senior counsel, that where two wit
nesses testify with regard to the same
matter and one of them remembers
and the other merely does not remem-
ber the circumstances of the matter,
or let us say the conversation, the evil
dence of him who remembers must be
accepted. If this be done, then there is
little left of the evidence given before
this court by the applicant, particular
ly upon his cross-examination.
That "Rctrograde MOs enIe Mt" Again
1T has been intimated by counsel
that had the applicant been otherwise
advised by Capt. Sigsbee, or had he
been in any way advised by Capt. Wise
he might not have undertaken the re-
trograde movement; but both Of these
officers testify that when they came up
with the Flying Squadron, the retro
grade movement was already begun;
and Sigsbee has testified that the ques-
tions principally discussed on board the
flagship were not of the whereabouts
OF the Spanish fleet, but the question
CT coaling. The dispatch sent on the
morning Of May q, confirms this wit
ness. With a purpose so fixed in the
Commodore's mind, II is likely that ad-
vice on the part of Sigsbee and Wise
to remain at Santiago would now be
construed by counsel In the same man.
ner in which they appear TO have re-
garded Hodgsons caution TO Commo-
dore Schley as TO the proximity OF the
Texas; in other words II might now be
construed as an unseemly protest"
"As 10 the question OF disobedience OF
orders" said Capt. Lemly. counsel
has properly stated that a report that
orders would be disobeyed does not
constitute such disobedience. Commo-
dore schiey's conduct is being scrutl-
nized IN the light Of the facts, and not
alone In the light Of the statements
which he made concerning his inten-
tions. Counsel has cited the dis
obedience 81 Nelson, but az Copenha-
gen Nelson dia0beyed orders and went
for the enemy The applicants dis-