The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-11-01

Until yesterday the Navy Department
treated the Schley Enquiry as a trial in
a criminal court. The precept was an
indictment which no grand jury would
have found. because in its text it pre-
judged the case. Captain Lemly and
Mr.. Hanna, representing the CrOwnin-
shield-SampsOn combination. assisted
by young Mr. Ward and later. by
SIMPSONS lawyer. Stayton. have acted
as police court prosecutors from the
very beginning The Victor of Santi-
ago repeatedly has been referred To as
the defendant and once at least as
the accused" I.emly has fought stead
lily TO exclude every particle of testi-
mony favorable to Admiral Schley
which did not come clearly within the
purview of the precept in its specific
paragraphs. He has struggled desper-
ately TO keep Sampson and SIMPSONS
actions out Of the record. because. as
he insisted. the precept did not contem-
plate either.
Put yesterday. after counsel for Ad-
miral Schley had rested their case, he
faced squarely about and declared that
this was not d trial. not a prosecution.
but a simple enquiry. and that the
Court. being entitled TO get al the bot
tom facts. was not bound by the rules
of evidence. iron-bound respect for
which ne had been demanding up to
that moment 50 Lemly proceeded in
effect TO reopen the whole Enquiry and
start fresh with evidence" presumably
discovered in the usual way since the
Schley, Cook. and other bombsheIs fell
into the Navigation Bureau camp. That
is. ne attempted to. but We shall prob
ably see that he failed
The truth about the matter is that
the action OF the judge advocate yes
terday is plainly traceable TO sudden
fear which has fallen upon the Crown
inshield- Sampson ring. They under
stand perfectly that in their effort to
destroy Admiral Schiey they have sue
ceeded only in making his case for him.
and in showing Up their own men,
Sampson. Evans. Chadwick Potts. and
so on. in anything but a favorable or
enyiable light Being pachydermatous,
they could stand hat-CrOwninshield
and LemIy certainly cOuId-but within
d few days they have come to realize
something Of the sinners sensa tons
when he cOntemplates the punishment
that may come after death Half a
dozen CT more quiet members Of Con-
gress with a liked purpose in mind have
been watching the proceedings with
critical care. Some one Of them has
foolishly allowed it TO leak out among
his intimates that after the Schley En-
quiry is finished there VIII be another
of a Congressional character. and that
the methods Of the Bureau of Suppress
sion and Fabrication, and other mat
tiers. will be investigated with consider
able thoroughness. There is a particu-
lar desire on the part Of gentlemen con-
nected with the Appropriation Commit
tees TO learn the true inwardness Of the
naval evidence mill with its excellent
organiza ton for instruction, drill, and
rehearsal. and cognate subjects are not
being overlooked.
Yesterdays activities. as far as the
prosecution was concerned. were devOt-
ed TO last attempt to save the ring by
general reopening which would admit
Of anOther broadside Of newly compos-
ed mud 10 be fired at Admiral Schley.
Unless he can be besmirched In some Of
the unclean ways familiar 20 the tao
tics Of what Lemly says is not prose
cution. he will not only be indicated
by the Court. as he has been by the
whole American people, but viii be glD-
rifed al the expense Of his enemies and
I traducers, and especially 10 the detri-
mcnt Of the pOwder-Waster Of San Juan,
! the muIe-killer Of Matanzas. and the
I comma nder-iu-chief whose only atteU-
/ ton. if any. TO the warning OF his sec
Ond in command. that the Spaniards
were preparing for "A sortie, was 10
place the horizon between himself and
/ the sea fight off Santiago