Evening star., 1925-11-20
FOLEY EXONERATED
BY NAVY COURT Of
WIDOWS CHARGES
Cleared of Effort to induce
Mrs. LansdoWne to Tes-
tify Falsely.
NOTE WITHIN ETHICAL
CODE, DECISION HOLDS
Was Obligated to Make Prelimi-
nary Examination of Witnesses
by His Position.

'dpt. Pdul FoIey was eSOnerat ted
! today by the .Shena ndoah naval court
of inquiry of Mrs. Margaret Ross
Lansdowne's charge that he sought
to sway her testimony.
The court held that Capt. Foley,
its former judge advocate, was not
guilty either OF seeking TO cause false
testimony to be offered before the
court or OF seeking by improper
means to influence" the widow Of the
Shenandoah's commander.
The decision. read by Rear Admiral
Hilary P. Jones. president Of the
court. follows:
1T appearing 10 the court. after
careful consideration OF all evidence
adduced and Of record in that con
! nection. that the defendant, Cap
Paul Foley, u. S. n, late the judge
advocate OF this court, is not guilt
of seeking and endeavoring TO Cau,o
false testimony TO be offered befors
his court and is not guilty Of seeking
and endeayoring by irnpTor or mean
TO influence witness about to tes-
tifv before this court; and II further
: being u matter OF judicial notice Of
this court that Il was an obligation
imposed by lawful regulation upon
capt. Paul Foley as judge advocate
10 make a preliminary examinations
of Witnesses to ne examined hefpT"
this court; and il further appearing
TO this court upOR consideration a
aforesaid that the said capt. ole'
has in novise been guilty Of impropct
or unethicaI conduct as such judge
advocate, and ali of the evidence
known to the court having been -
duced before 1t and made part ..
its record.
Defendant Released,
1t is hereby adjudgcd and ordercd
; that the said defendant, Capt. Pau
| Foley, United States Navy, Is NO
! guilty of the matters and things q
! legged against him.
/ said defendant is hereby dis
! charged ard released from further 4;
! tendance upon this court.
| Just as the decision was being hand
ed down. Judge Advocate Leonard Io-
ceived formally the protest OF JOSEPH
z. Davies. counsel for Mrs. Jams
downe asking dismissal OF the courr
because il had barred her attoruH,
from taking part in the inquiry. The
protest had been fled with Secretarr
Wilbur and forwarded by him TO Ma.
Leonard.
With the Lansdowne-Foleyi in"ider-
out It's way, the totiIl 'pliAAtiHN'A -
general inquiry into the causes et me
wreck of the Shenandoah.
1t first questioned Capt. Charles +.
| Clark Of the Army Air Service, an
! other of the defense witnesses before
| the Mitchell Court-martial.
He estimated he had been aboard
/ the dirigibIe in all for about - hours
The witness conceded that Wblte he
! had testified before the Mitchell
| toll ~. hp uLalrCfA
as a rigid-airship pilot. he never pilot
| ed such a ship. He had taken q
! course at Lakehurst, he added.
He became nettled when Maj. LeoT
| ard insisted on establishing the hours
he was aboard the Shenandoah.
Are YOU an expert on rigid alt-
ships?" he was asked.
NO"
Asked about his testimony before
the Mitchell court that the Shenan-
doah was overweight, Clark said he
had no personal knowledge on the sub
ject: that he had read an article by
! experts" saying that such was the
case. And also had been told so by
naval officers at Lakehurst
who were those offlcers?
II don't remember
Asks Discharge of Court.
Declaring there are undisclosed
facts which are pertinent on the
question of what influence was
brought to bear on Mrs. Lansdowne
either not to testify at all or to modify
and change her statement, Joseph T..
| Davies, counsel for the Shenandoah
commanders widow. last night asked
Secretary Wilbur to discharge the IN
! uuiry court from further duty.
Mr.. Davies request was contained
In a four-page letter and said If the
! Secretary "sees At to approve the con
| duct of the Shenandoah Court OF In
ouiry in the manner in which 1t has
| handled the controversy between
Capt. Paul Foley and Mrs. Lans-
! downe," then. as counsel for Mrs.
I,ansdowne, he requested that the Sec
retary direct and order the court TO 90
! these two things:
| "First. Furnish to counsel for Mrs.
| J,andsdowne a stenographic copy OF
| the testimony of all witnesses heard
before 1t on the question OF any con-
troversv of fact as between her and
| Capt. Foley.
'iSecond. Reconvene and recall wit
nesses whose appearance is requested
| by counsel for Mrs. Lansdowne and
! that counsel for Mrs. Lansdowne be
permitted to cross-examine such wit
nesses for the purpose of elictting all
the facts"
! Tells, of Election.
Mr.. Davies recited that when he
: undertook to appear as counsel for
Mrs. Lansdowne before the Shenan-
| doah court he was forcibly elected
by a Marine guard. and asserted that
| the denial of the right of his client
to counsel was a miscarriage of JUS
| tice."
| "a hostile judge advocate was the
| Judge of the propriety of his own
! questions" Mr.. Davies continued,
| adding that, moreover. Mrs. Lans.
| downe was denied the right, granted
| 10 Capt. Foley. to have adverse wit
nesses cross-examined by her attor.
| ney.
Mr. Davies also alleged that the
| court acted beyond its lawful powers
! in undertaking to investigate the
| charges against its former judge ad-
vocate This point was raised by
| Mr. Davies before the court Tuesday
| and was met by the judge advocate
| with the statement that, since aC-
| tions of an officer of the court had
| been brought into question, the court
under every known procedure had q
right to inquire into his acts.