The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-11-08

! which shall close the argument i'm this
inquiry, my principal connection with &c
/ ceases, and the matter is in your eap-
able hands. / may add that. while nv
duties here have been arduOus and E
necessarily somewhat painful. I ann
proud to have been associated with f
| this distinguished court, which Us 10 +
pass upon the most important cues
+, tons ever considered by a naval court
"a question, as I defined 1t in the
early course Of the proceedings. be-
tween the applicant and the morale OF :
/ the service.
In entering upon my duties as judge
/ advocate Of the court. 1 had I'm mind
/ advice given me by the secretary of
the navy soon after my appointment
. as follows: Admiral Schley asks for
a court Of inquiry. perfectly inn
/ partial court is constituted. The Judge
/ advocate and any counsel assisting him
! are not (and their duty in this respect
/ Is plain) in court to prosecute anybody
or TO find anybody guilty. but to bring
out the facts and aid the court ia de-
claring the truth"
Without Fear or Favor.
81 have endeavored to follow this adj
vice without fear or favor, IF I have
/ appeared to fail in maintaining that
impartial attitude which I feel and
2 llr
( because aggression, however natural
on the part of earnest counsel, begets
. aggression and for the further reason
/ that in many instances throughout the .
! investigation honest difference of Opin-
I ion has compelled me to be earnestly
! contentious in order TO adduce what
/ believed 10 be material facts
Il deemed it not inappropriate
should here remark that the navy de-
2
an entirely neutral attitude; that
/ have not been interfered with by it in
| any conduct of the case; that. as the
/ record demonstrates, there has been no
I alteration Of the departments records.
I that officers on duty, even in the much
/ abused bureau of navigation. have
/ freely testified liz behalf of the appli-
cant. and am confident that the evil
! dence adduced fully justified the views
of the department, set forth in its re-
! ply Of Feb. s, 1899, To the senate COM
mittee on naval affairs wherein 1T IS
said Of Commodore Schley. referring
/ particularly to the naval battle Of July
B. 1888;
Where so much was achieved fH-tsis
| eliminating battle and where his ship
/ was such a conspicuous force i'm the
fight. his conduct while i'm dependent
/ command prior to June j, the record Of
[ which has been given above and which.
] by reason Of its unsteadiness i'm purpose
/ and push and in failure to obey orders.
did not meet the approval of the pres
/ ident and the department, was yet not
/ permitted to stand in the way Of his
nomination for promotion to a higher
grade for the part he took I'm the hnal
/ triumph
Might Have Made Better Speech
Captain LemIy tht said that the vol-
/ treated in all its bearings that it was
/ not his purpose TO enter upon a de-
| tailed discussion OF it. He said that
under the then existing conditions of
the wind and weather, greater speed
might have been maintained on the
passage of the flying squadron from
/ Key West to Cienfuegos. 1T should
he thought, be remembered that Com
/ nlOdore Schley's orders required that
the blockade Of that port be estab-
lished with the least possible delay.
f Reference was made to the interview
I with Captain Chester Of the Cincinnati
on this trip, and Captain Lemly said:
I Already, as appeared from their con-
| versatiOn, Commodore Schley, though
reassured by Captain Chester. was
| troubled in his own mind over coal con-
ditions and the problem Of coaHng az
sea. demonstrating that at the very
I offset he was brewing trouble
Referring to the MCCalla signals, he
said it was clear that the Marblehead
had not arrived at Key West when the
/ flying squadron sailed and therefore
that these signals could not have been
communicated to Commodore Schley
there.
There is little doubt. however" he
said. that if the commodore had, upon
meeting the Marblehead, directed Com
mander AfcCalla to report on board the
flagship he would have been fully ire
formed as to the signals, nOtWithstaud-
ing the commanders declared purpose
to preserve them with as much secrecy /
as practicable for the protection Of theS
insurgents themselves. But inde
pendently of any suggestion. was nOtI
it incumbent upon the commodore him
self to make an effort2 Was he jush-
fed in this and other similar matters
notably later off Santiago, in relying
upon the efforts OF Others2
Did Get a Copy.
The fact. however. is clear. ne said.
that the applicant did receive a copy
of the McCalla memorandum at Glen
fuegOs at least by Sis O'Clock on the
morning of May p, and by reason OF
Commander McCalla'S caution the SIG
nails. which he did not wish to place
in writing, were not embodied in this
I DlEIllOEdtl4ulls tHCA ran ilAlNi tAl1 tA-fAa
was contained therein as showed that|
the insurgents i'm the vicinity OF Cien-
fUegOs were accessible to commun.ca-
ton and they had knowledge Of what
was going on in the city.
He also said the evidence WAS full s..
TO the condition of the weather ard
sea off CienfuegOs. and that the losI
books Of the vessels, while there froml
the end to the 2zth of May, inclusive,
do no record bad conditions i'm these
particulars, but indicate. on the cOn-|
trary, that they were good
Considering the voyage from Cien-|
fuegOs. Captain Lemly said fhe|
commodore's orders directed that mel
proceed with all dispatch, but cau-|
tiously, to Santiago. He certainly proc
ceeded slowly But cautiously did
not weaken the force OF the WORDS. '8n
dispatch" The great military neces-
sity at this time was to find and check
the enemy's fleet Caution was needed
lest il might pass undetected to Glen
fuegos. or lest it might be stumbled on
without preparation, if neither carried
! lights.
Caution Was Demanded.
For these reasons the greatest eau
ton demanded all dispatch. becaus.
= the timely reaching of Santiago limited
to the utmost such chances. Certainly
{ the flying squadron did not leave WIS
7 dfspatch nor with caution as shon4
frrcrtfn71ed IN Pas.