The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-08

had the applicant bccn otherwise advised
by captain SigShce. or had he been in any
way advised by Captain Wise. he might
not have undertaken the reirograde move
menti but both Of these testify that when
lhey came up with the dying squadron The
reiroEraGc movement wa ulreadv hecin
ana Sigsbcc has testified that the questions
principally discussed ON board the flagship
We're not OF the whereabouts Of the Span
lsh hcct, Int the question Of coalinE. The
dispatch sent on the morning of May ~
confirms this witness, With a purpose So
hNed IN the commodorc's nsnd. II Is likely
mat adricc on The part Of Sgsbee aud
wise 10 remain at S&ntiago would now be
construed 10y counsel IN the same manner
us lhcN appear 10 nave regarded IlodgsOn's
caution 20 Commodore Schlcy. as to the
proximity OF the Texas: In other words, IL
might now be construed as an unseemly
AS 10 the question Of dlsobedlcncc ot
orders, SAID Captain Lemly, counsel has
properly stated that a report that orders
would be dsobeyed does not constitute dis
obedience. Commodore Schlcy's conduct
is being scrutinized In the light Of facts
aud not alone In tho light OF statements
which ne made concerning his intentions.
Counsel has cited the disohedcnce OF Nell
son; but Ht Copenhagen Nelson disohnycd
orders and went for the enemy The APP
pucant's dlsobedlcnce. II proved will no
shown to he In delaying in bringing him
self into The presence NJ the enemy"
Captain Lemly earnestly defended the
witnesses that Admiral schley's counsel
had dseredltcd.
speaking Oi inc alleged COllOQuy on the
Brooklyn during the hattie. Captain Lemly
said "As TO the testimony upon the point
whether this substantial exchange Of re-
marks really occurred we gave Hodgsun's
sworn statement before this court, his
statement IN the investigation before Cap
tain Chadwick and his several letters to
tho applicant In which he adheres 10 the
substantial accuracy of the newspaper re-
port as printed
Captain Lemly said; with the conelu.
vrIg hfof,
shall close the argument IN this inquiry.
any principal connection with II ceases and
the matter Is left In your capable hands.
] may add that while my duties here have
been arduous and necessarily somewhat
painful / am proud 90 have been associated
with This distinguished court. which Is 10
pass upon one of the most important qusS-
| lions ever considered by q naval court
| a question. as l defined IL in the early
| course Of the proceedings. between inc
| applicant and the morale OF the service,
| In pnferlnp upon my duties as Judge adj
! vocate OF The court J had IN mind ADVICE
given me by the secretary OF the navy soon
after my appointment as IonoWs, =, l.,
! Admiral Schley asks for a court OF IN
! curry a perfectly impartial court IS c"u-
| sttnted The judge advocate and any c9un,
sci assisting him are not and their .y,,, e''tg
! In this respect Is plaipl for a court 10
| prosecute anybody OF TO ma anYbo1y
! guilty.. bat to bring ont the facts and aid
the court in declaring the truth .,
II nave endeaYored 20 follow thls al
! vice without fear or favor: IT nave ap'
| reared TO fail in maintaining that Impair
! iiaI attitude which feel and have always
! felt toward the applicant, II Is because
! aggression however natural, on thS par!
! Of earnest counsel bs=gets aggression and
/ stances throughout the investigation hon.
! est differences Of opinion have compelieu
| me 10 he earnestly contentious IN oruer
| to adduce. what / believe to be, material
| facts / deem It not Inappropriate that l
! should here remark that the navy depart
mcut. in this matter. has maintained an
| entirely neutral attitude; that / have not
! been ine,Efered with by II In my conduct
/ of the ease; that, az the record demon
! strates. there has been no alteration OF the
/ dpDartmentg records, that officers on DUTY,
| tion, have freely testified In behalf OF the
applicant, and | am confident that the
| evidence adduced fully jusuned the views
Of the department set forth in It's reply OF
! February G. 1899, 20 the senate commit,
! lee on fiyal affairs, wherein 1t Is said
oTs, I batg Of Fe1e s5 iRsSs
" Where so much was achieved in this
! eliminating battle and whore his ship was
such conspicuous force In the night, al,
prior TO June /, the record OF which has
been given above and which by reason Of
its unsteadiness Of purpose and In pnsh and
| In failure to obey orders, did not meet thf
| approval Of the president and the DEPART
ment, Was vet not permitted TO sta2d Ia
tho way Of his nomination 70 q hiHse
grade for the part he took in the ina
triumph.
Captaln Lemiy then said that the vOum
inous evidence had been so kily treNted ir
all its bearings that 1t was not his purpose
10 enter upon a detailed discussion OF. II.
BEGINNING with the passage Of the fylng
squadron. from Key West TO Cienfuegos =
search Of the Spanish feet under Admira
Ccrycra. he said that while the speed sci
hy the applicant from Key West and Glen
fuegos was but ten knots, under the exist
ing conditions Of wind End weather, great
or speed mighL have been maintained
Other delays OF this voyage were also re
fcrred TO- IT should. though. be remem
bcred that Commodore Schley's orders re-
uuircd that the blockade OF that port b'
established with the least possible delay,
Reference was made TO the interyieW
this rrin, and captain Lemly said; al
ready, az appeared from their conversation
Commodore Schley, though regssured ny
| Captain Chester. was troubled 10 Ma Owl
| mind over coal conditions and the propien
~ coalinc at sea- demonstrating thlt ~ ths
| very outset he was borrowing trouble
Referring 10 the McCalla signals, ne sala
Il was clear that the Marhlehe3d had NOT
arrived at Key West when the nying sqna3'
/ nails could not have been communicated 70
! Commodore Schley there
''There Is little doubt. however ne hnu
! | Cd THAT N the commodore had upon meet
inc fhe Narblehead directed Commannei
NcCaila 10 report on board the nagshiF
he would have been fully informed as z
! the signals Notwithstanding the command
, er's declared purpose 10 preserve them wltl
, as much secrecy as praetleasle TOT the pro
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