Evening star., 1925-11-28
MRS. LANSDOWNE'S.
PLEAS ARE DENIED.
Navy Refuses Widow Tran
script of Foley Evidence in
Shenandoah Case.
BY the Associated Press.

by the Associated fress.
Requests OF Joseph f. Davies. coun-
sci for Mrs. Zachary I.ansdoWne, that
the Shenandoah court of inquiry he
.reconvened and witnesses recalled for
cross-examinatiOn on behalf of the
widow and for a stenographic copy of
the testimony Of all witnesses heard
by the court on any questions bearing
on the controversy between Mrs.
Lansdowne and Cant. Paul Foley. for
mer Judge advocate OF the court. were
denied yesterday. but no reference was
made to Mr.. Davies other demand
that the court be discharged.
The position OF the department was
set forth in a letter by Rear Admiral
E. H. Campbell. judge advocate gen
eral "f the Navy. who was ordered by
Mr.. Wilbur to reply to the letter sent
to him by Mrs. Davies after the court.
when it recalled Mrs. Lansdowne to
inquire into the Foley charges. refused
to permit him to act as her counsel
The court later exonerated Capt
Foley.
The departments reply stated that
IL Mrs. Lansdowne wished to present
additional facts germane to the in
vestigation the judge advocate general
would submit these to Mr.. Wilbur
when the findings OF the court We're
said the letter, whether the court
should he reconvened and additional
witnesses called.
Admiral Campbell pointed out that.
although the court was ordered by
the Secretary OF the Navy. the court
In lawfully constituted tribunal
functioninE as an instrumentality of
the United States Government. the
same a. a Federal grand jury. and not
as an agent Of the Secretary Of the
Navy. an stated in your letter.
He asserted further that Capt.
Foley as Judge advocate did not serve
as a member of the court but rather
was intrusten with bringing out all
the facts in the case, the proceeding
before the court being in no sense a
trial OF an issue, nor Of an accused
person, but only one to inform the
convening authority in a preliminary
WAY az to the facts involved in the
inquiry"
No Rights Before Court.
In your letter" Admiral Campbell
continued. you appear to be under
the impression that your client was
in some way defendant before the
court. and In that capacity In need
of counsel and entitled TO the rights
OF a defendant. Upon the facts as
stated In your letter. such was not
the case. Her presence before the
court on the occasion 10 which your
letter refers was merely as a witness.
Neither under civil nor mill
tary law are witnesses who are not
otherwise parties 10 the proceeding
entitled to be represented before the
court. or appear before the court with
counsel
The requests for copies OF testimony
and for cross-examination OF wit
nesses. the reply explained, could not
be granted because the court has not
yet submit ed its report TO the Secre-
tary Of the Navy" and lit would be
improper TO interfere in the regular
course OF its procedure, or to make
preliminary rulings on events that are
reported to have transpired before the
court"
The courts report. it said. would he
forwarded TO the judge advocate gen
erals Office and. after review. pre-
tented to the Secretary of the Navy
With any comment necessary. As to
reconvening the court later upon re-
quest Of Mr.. Davies or his client to
present additional facts. II added
courts OF inquiry may be reconvened
and additional witnesses called until
the convening authority Is satisfied
that all evidence has been obtained
essential TO the esta blishment OF the
facts Of the matter under inquiry"