The San Francisco call., 1901-11-08

Lemly said the Marbiehead was sent at a.
m; of May 21 with the dispatch No 8.
not reach Commodore Schley until the oath.
When Hood. on the Hawk. was sent on the
communication the memorandum order page
466 of the appendix, and this confirms Hood 8
testimony that at that time Admiral Sampson
regarded it practical certainty that the
Spanish squadron was at Santiago.
The McCalla Memorandum.
Both of the counsel appear. he said to ignore
the very important parts OF the McCalIa mem
Orandum.
1.-The latter part clearly showed" he said
Commander McCalla's communication with
the insurgents and their intimate acquaintance
with the matters in the city
Captain Lemly contended that the McCala
memorandum delivered to Commodore
with failure to attempt Communication with
the insurgents after its receipt. Speaking of
the charge of dsobedience of orders Captain
Lemly said:
THE applicants disobedience, if proved will
be shown TO be delaying in bringing his force
to the presence of the enemy With the con-
cusion of the very brief address with which
shall close the argument in this inquiry my off,
cial connection with it ends and the matter is
my duties here have been arduous and neces-
sarily somewhat painful am proud to have
been associated with the distinguished court
which is to pass upon the most important ques-
tion ever considered by naval court; ques-
tion as defined 1t In the early course of the
proceedings between the applicant and the
moral effect to the service. In entering upon
my duties as Judge advocate of the court
had in mind the advice given me by the Sec
retary of the Navy Department.: A perfectly
impartial court is constituted. The judge ad-
vocate and any counsel assisting him are not
land their duty In this respect Is plain) in
court to prosecute anybody to find anybody
guilty. but to bring out the facts and aid the
court in declaring the truth
'T have endeavored to follow this advice
without fear or favor. If have appeared to fail
in maintaining that impartial attitude which
feel and have always felt toward the appli-
cant, it is because aggression, however natural
on the part of earnest counsel begets aggres-
sion and for the further reason that in many
instances throughout the investigation the diff
ference of opinion has compelled me to be
earnestly contentious in order to adduce what
believed to be material facts I deem 1t not
Inappropriate that 1 should here remark that
the Navy Department has maintained an en-
tirely neutral attitude; that the record dem
cnstrates, there has been no alteration of the
departments records; that officers on duty
even in the much-abused Bureau of Naviga-
tion have freely testified in behalf of the ap-
plicant: and am confident that the evidence
in the case adduced fully justified the views
February g. 1899, to the Senate Committee on
Naval Affairs. wherein it is said of Commo-
dore Schley. referring particularly to the battle
of July 3, where much was achieved in this
eliminating battle and where his ship was
such conspicuous force in the fight. his con-
duct, while in independent command prior to
June l. the record of which has been given
above and which. by reason of his unsteadlness
orders did rot meet the approval of the Presi-
dent, yet not permitted to stand in the
the final triumph 4"
Speed Not Great Enough.
Captain Lemly then said that the voluminous
testimony had been so fully treated that 1t was
not his purpose TO enter upon detailed dis
cussion of it. He said that under the then
existing conditions of the wind and weather
greater speed might have been maintained on
the passage from Key West to Cienfuegos It
should. he thought. be remembered that Com
modore Schley's orders required that the block
ade of that port be established. that the least
hQ rrod .ar17Ix
though. as appeared from their conversation
Commodore Sehley: though assured by Captain
Chester. was troubled over the coal problem
demonstrating that at the very outset he was
borrowing trouble
Referring to the McCalla signals. he said Il
was clear that the Marblehead had not ar
rived at Key West when the flying SQUADRON
sailed, anc therefore that these signals could
not have been communicated to Commodore
Scney there.
There Is little doubt, however" he said,
Marblehead, directed Commander Mccaiia to to
report On beard the flagship he would have
been fully Informed as to the signals, notwith-
standing the commanders declared purpose to
preserve them with as much secrecy as prac-
tieable for the protection of the insurgents
themselves. But was It not incumbent upon
the commander himself to make an effort him
SELF instead of relying solely upon the efforts
of others?
The fact. however, is clear, that the appli-
cant did receive copy of the McCalla mem
orandurn on the morning of May 2S and at
Captain Mc-ala's caution the signals which he
did not wish to Ilace in writing We're not en-
bodied in this memorandum
The judge advocate said the evidence was
full as te the coal supply and the log books of
the vessels do not record bad condition of
weather, hut on the contrary. The arrival of
the Adula was purely accidental and little
stress should be laid upon the assumption that
the vessel was permitted by the Spanish au-
thorities to return with information as to
whether the Spanish squadron was in the har-
Dor. and this in view OF the fact that a hos
tile feet w-s outside.
1.-The episode of the dove sent out from the
ark was not repeated with success he said