New-York tribune., 1901-08-02
SCHLEY'S REQUEST DENIED.
NAVY DEPARTMENT DECLINES TO OMIT
pIsOBEDIENCE CLAUSE IN PRECEPT

washington. Aug Formal action In the matter
Of the Schey Court of Inquiry Tas confined to-day
10 the dispatch OF a letter TO Admiral Dewey, say
ing that the department herewith transmits copies
of letters dated July q and August l. respecting the
nrecept under which the Court of Inquiry in the
case Of Rear-AdInira Schey is be convened The
correspondence referred TO is Admiral Schleys let
ter suggesting the emission Of the departments
expression of opinion touching his alleged 6isoedi-
ence OF orders and the reply from Acting Secre-
tary Hacke;t declining 10 make this modification
II IS rarely that precept converting a Court o;
Inquiry IS amended. The departments action It is
announced while Technically declining Admiral
schleys suggestion. does. however amount To an
amendment on the lines pointed out by him. AS in
dcated in the letter to Admiral Dewey. this cor
responcence will form part of the record, and in
fact is supplement TO the precept and of as
much force the original document The vacancy
on the court caused by Rear-Admiral Kimberly 5
application TO he relieved has not yet been filed.
Captain Parker. Of counsel for Admiral Schley.
to-day continued his work at the Navy Department.
OF scanning the log books and other records bear
ing upon the operations of the West Indian feet.
He hopes finish this week. He is maintaining
q close silence of his discoveries. if he has made
any and is evidently object OF interest to
the naval officers in the department who watch him
closely. The log books ponderOus volumes, and
are watched with the most Jealous care al all
times In the present instance, keen eyed lieu
tenant watches the turning of every page OF the
volumes TO make there shall be no alterations
or excisOns.
Following the letters that have passed be-
tween Admiral Schley and the Navy Department
respecting the precept:
Great Neck, y. Y. July o. 1891.
Sir: have the honor 10 acknowledge receipt ot
the departments communication of July &c. inst,
inclosing copy Of an order conyening, pursuant to
the request contained in (my) communication of the
22d instant, court cf inquiry
Inasmuch the court is directed to Investigate"
and, after such investigation report 'full and de-
may deem to be established together With its opin-
ion and recommendation in the premises. l would
respectfully suggest to the department that para
graph five Of the departments precept. which i as
follows. viz: -. The circumstances attending ana
the reasons for the disobedience by Commodore
schley OF the orders OF the department contained
priey Of his conduct in the premises be mod fled
50 as 70 omit the departments expression OF opia-
own opinion in that matter T;r, Very respectfuy
Hon. John d. Long, Secretary OF the Navy.
Navy Department Washington. August l. 1901.
Sir. The department has received your letter Of
ceipt Of copy OF the order convenng. al your re-
quest, court OF inquiry TO investigate your coadCct
graph five Of said order. directing the TO in
reasons for the disobedience by Commodore Schley
Of the orders Of the department. etc. ''be modi-
ion and thus leave the court free to express sits its
own opinion in that matter.
In reply you are advised that the precept calls
for an inquiry by the court and the aseertainment
of pertinent facts. For the purpose Of setting
foot this inquiry the precept treats certain matters
established such. for instance the arrival Of
lne lying SQudOIon on Nlell lutSeS ana on Srftl-
ago. the retrograde movement westward the turn
Of the Brooklyn on July 3 lSss, and the fact that
you dsobeyed orders reported by you in your
telegram dated Kingston. May 2S. 1875, in which
you say: Much TO be regretted, carnot obey orders
OF the department.
Inasmuch, however as it is the Departments pur-
pose that the court shall be absolutely free 10
port, if such shall be found to be the case, that
you did not wilfully dsobey the orders. or that
YOU were justified in disobeying them. and that
this may be clearly understood, your letter of the
9th ultimo with copy OF this reply. will be duly
forwarded 10 the court Very respectfully,
+. ". HACkETT. Acting Secretary.
Rear-lAdmiral Winfield :. Schley, L S ".
Great Neck -. Y.