The San Francisco Call. Newspaper, July 25, 1901, Page 1

VOLUME 55. SAN FRANCISCO, THURSDAY, JULY 25, 1901. PRICE FIVE CENTS. NAVAL COURT OF INQUIRY, AT THE REQUEST OF REAR ADMIRAL SCHLEY, WILL INVESTIGATE THE BITTER CONTROVERSY THAT HAS GROWN OUT OF THE BATTLE OF SANTIAGO BAY JUDGE NOYES AFTER SCALP OF HI5 GLERK DemandsImmediate Res- ignation of George Borchsenius. Nome Agitated Over New Features of Vexatious Litigation. Grave Charges Against Court, Dis- trict Attorney and Deputy Clerk Reed Circulated About the Mining Camps. e Acconding to advices from Nome, that skan mining town is shaken to its live A undati new phases of the receiv- and his »ns ige Noyes ncentrated their energies friends have in an effort to oust George V. Borch- senfus, clerk of the United States Dis- trict Court, from office, and the whole town is agog over stories of corruption ury-packing which this arent purposes have set and attempted afioat s received a letter from Judge Noyes on July 11, requesting him to resign. ) of July 12, when mail bring- o the most recent ad- ation in Nome departed. been recelved from clerk was evidently how to comply with the same time protect his an enforced retirement against loss through g of about $50,000 of his custody. Borchsent i Resignation Demanded. elved by Borchsenlus was - a5 follow e letter re ~ ME Alaska, July 11, 1801 hsenius, Clerk of the t Court, Second Division, aska, Nome, Alaska—Dear Sir sary to make & change in the and wishing to make such \tative of the Depart your resignation as kfully received, 1901 corge Justice is here be t this matter your truly yours, 1 atve n, 1 remain, very UR H. NOYES, District Judge. the resignation of nded Harry Steel, a has been active in the Noyes and in vitupera- smies, was busy as Borchsen- lay that er » qualify In consequence of this at- men who as mine y thick of the storm- into a new state of e assertion became t Noyes and his friends force Borchsenlus out of ppoint a clerk whom the tr n the matter of the re, for on that peg hangs Judge Noyes Attorney K. Woods t prosecution for con- recelverships which Joseph both been cited nited States Cifcuit cause why hed for contempt. om St. Michael n after served with the with specifications from Noyes and Woods ng the spring, but r has closed the now co-operating in s0, it is asserted, their enemies. S at he intended having Attorney Samuel Knight indicted disbarred from in Nome that if ¥ getting Borchsenius replaced by & man to his liking indict- ments 4 be freely returned against 2ll who had been active in opposition to McKenzie, Dubose and the rest of that crowd. Charges Against Deputy Clerk. Borchsenius recelyed his appointment through the influence of Senator Spooner and other influential men in the *“‘States,” and has not felt himself beholden to Noyes or others at Nome. Chief Deputy Clerk Reed, however, was not an ap- pointee of Borchsenius, and he and the clerk are at outs. Borchsenius has made serious charges against Reed, but the court has refused to permit the clerk to discharge his own chief deputy. The friction between Borchsenius and Reed began when Reed, upon instructions from the court, attempted to collect his ng expense: As Reed was appointed ty clerk resident at Nome, Bochse- nius held that he was not entitled to ex- inasmuch as he was not required absent from Nome. Later Borch- d Reed in accepting papers in court and taking moneys there, and afterward depositing the papers among preventing Borchsenius from means of checking up the came into his office and for responsible 1m at Nome credit Borchsenius muth graver charges against his jeputy, whom he cannot discharge. One of these is that ke caught Reed putting a rubber band around certain names in the show rned fr es 18 detes w ¥ was R Contmued on r-gn Four, Naval Hero Who Has Been Maligned and Called Liar, Coward and Cur by Historian Maclay Writes a Letter to Secretary of the Navy Long Which Will Cause a Competent Board Headed by Dewey to Determine the Merits of the Officers Who Had a Hand in the Destruction of the Spanish Fleet — * r i — ASHINGTON, July 24.—Secre- | Is such perversion of facts, misconstruction of ute will be avolded by the investigating W tary Long, in accordance | Intention, such intemperate abuse and defama- oard. with a request from Admiral | tion of myselt as subjects Mr. Maclay to ac- “The whole business is inspired by mal- Schley, to-day advised that | tion in civil law. While I admit the right of I 1 ice, but now perhaps it may be all investi- officer that he would order a fair critielsm of every public officer, I must gated, and if it is the pegple of the United 9 States will know all the facts.” | [ + court of inquiry to examine into the entire | matter of Admiral Schley’s'course in the Santiago naval campaign. Later the Sec- retary announced that owing to the ex- tremely hot weather the court would not meet until September, and that he would turn over-his reception reom to-the csurt. The Secretary sald: “It ‘s too hot now, and T do not belleve it would be very comfortable for officers to sit in their heavy full dress uniforms during August. 1 issued an order some time ago dispensing with the wearing of | full dress tial, but this case will uniforms during a court-mar- observed, even to the guard of marines at the door. 1 propose to give the court the use of the large reception room adjoining my office, which is a convenient and com- modious place. Sessions Will Be Open. “Will the sessions of they court be open?” “Unquestionably,” was the emphatie re- ply. *I propose to make that fact very | plain. It would be a great mistake to have a secret court. The country has the right to know all that transpires {n the way of testimony offe Personally 1 should be very glad to have a court com- posed of a large number of officers, but | the naval regulations restrict me to the selection of three. 1 hope to announce the personnel of the court to-morrow, nl\d this will give the judge advocate and re- corder ample time to prepare a list of wit- nesses who are to be summoned. This lisy will be necessarily quite lengthy and it | will take some little time to assemble the officers. 1 do not believe that the session | of the court will be prolonged, because, after all, a great deal of the talk over the Santiago campaign is like the genii's vapor, which can be condensed in a small bottle.” “Will Admiral name witnesses?" “Admiral Schiey be afforded every opportunity for the ap- pearance of all the witnesses he may de- sire. He Is also entitled under the naval regulations to be represented by counsel.” Must State Facts Found. While Secretary Long was not asked whether the, court of inquiry wouid be asked to form and submit an opinion upon the facts disclosed by the investigation, it is considered quite probable that this course will be pursued. Unless the order convening the, court expressly requires this opinion to be expressed its report must be confined to stating the facts found. Becretary Long sald that the personncl of the court would be made public to- morrow, at which time also the precept convening the court probably will be issued. Meanwhile, there is much specu- lation as to the members of the court other than Admiral Dewey. The Secte- tary himself says there is no warrant of the announcement of any particular name, as he still has the question under advise- ment. He has been making inquiries dur- ing the day as to the a\allabll}ty of cer- tain officers and it is understood that some telegraphic inquiries have been made of those absent from the city to see if there is any reason why they should not serve. Admiral Schley’s Letter. Admiral Schley’s letter is as follows: GREAT NECK, Long Island, N. Y., July 22, 1901.—Sir: Within the past few days a series of press comments have been sent to me from various parts of the country of a book entitled “‘The, History of the Navy,” by one Edgar Stanton Maclay. From these re- views it appears that.this edition is a third volume of the sald history extended, to include the late war with Spain, which the two first volumes did not contain, and which were in use as textbooks at the Naval Academy. 2. From excerpts quoted in some reviews, in which the page and paragraph are given, there Schley be allowed to be so important | that every form of official dignity will be | was the reply, “will| written | ,\\ B est against the low fiings and 'abusive lan- | pr | of this violent, partisan opponent, Who | has Infused Into the pages of his book so much of the malice of unfairness as to make it un- orthy the name of history or of use In any reputable institution of the country. 3.1 have rofrained heretofore from all com- ment upon the innuendoes of enemies muttered murmured in secret, and, therefore, with safety to themselves. I think the time has me to take such action as may bring under discussion under the of my brothers in T ask such action at or \n\\\. the entire matter | clearer and calmer review na \ds of the department as it may deem arms, | the n best to accomplish this purpose. 4. But T would express the request in this connection, whatever the action may | 1t occur in Washington, where papers and data are stored. W "HLEY, Rear Admiral, 1 y of the N to this end be, of my Very respectfully, 8. N. Washing- most Reply of Secretary Long. Secretary Long replied to Admiral Schley as follows: Navy Department, Washington, D. C., July | 24, 1901 —Sir: I am in recelpt of yours of the 224 Inst., with reference to the criticisms upon you in connection with the Spanish-American war, and heartily approve of your action, un- [ der the circumstances, in asking at the hands of this department ‘‘such action as may bring this entire matter under discussion under the clearer and calmer review of my brothers in arme’” The department will at once proceed in accordance with your request. Very re- spectfully, JOHN D. LONG. To Rear Admiral W. S. Schley, U. §. N The information that Admiral Schley's letter asking for a court of inquiry had been received by Secretary Long soon spread through the Navy Department, and not since the recent war days has any one theme excited such’ general at- tention. | Congress in 1895 established the principle that no court-martial could be held two years after the occurrence under investi- gation. This is known as the Naval Statute of Limitation, and while it bars a court-martial relating to the Santlago campalign, it does not bar the court of inquiry. In this case the court of inquiry would be effective only in establishing records, and would not be preliminary to a court-martial. An Important Feature. An important feature in the order directing the court is that specifying whether it shall state only the fgots found, or shall also give an opinion based on the facts. Unless the order expressly requires the members of the court to give thelr opinion they are confined to stating the facts found. It Is considered quite probable, however, that in a case {of this importance the order would direct the court to record its opinion as well as its conclusions of facts. ‘When the court of inquiry reaches its that | decision all the papers will be forwarded ! zreat mistaMfe to have them closed. e i L g MEN WHO WILL FIGURE PROMINENTLY IN THE NA- VAL COURT OF INQUIRY. g s v to the judge advocate general of the navy, and the final approval or disap- proval rests with the Secretary of the or, the President, according to whieh one has ordered the court. SEPTEMBER THE TIME SET. Sessions of the Court Shall Be Held in Public. WASHINGTON, July 24—Discussing Rear Admiral Schley's application for an investigation, Secretary Long said to-day: “I shall announce to-morrow the per- sonnel of the court of inquiry which will make the investigation sought by Ad- miral Schley. I am giving a good deal of thought to this feature of the matter, be- cause I desire that a court shall be named the very character of which will convince the country that a falr and impartial in- quiry and a just and honest conclusion will be obtained. Examination of . he articles of war shows that the personncl of a court of inquiry is limited to three members, the senlor of whom shall be the president, and a judge advocate. I was in conference with Admiral Dewey this morning regarding his accéptance of the presidency, and he will do his duty. The other officers to be selected are now on thé retired list. Rear Admiral Schley will, of course, have the right to challenge for cause any officer named. The court will assemble in the Navy Department in Sep- tember. The date of the meeting is fixed in that month because the heat is too great in Washkington for continuous ses- sions in August, and besides a delay will be advantageous to the judge advocate on the part of the court and to Admiral Schley as well in that it will give them time to obtain papers and to prepare lists of witnesses, some of Whom will have to be brought home from foreign stations. In order that the country may be advised of every scrap of information obtained by the court, it is proposed that the sessions to be held shall be open. It would be a The " exhaustive This Is desirable because the inquiry will be of the most character. y('nl\nlr_\' wants to know the facts, and it I8 proper that everything which may as- sist In establishing the truth shall be brought to light. Admiral Schley will have the privilege of ongaging counsel. The usual rules of : evidence, including cross-examination of witnesses, will be permitted. The work before the court will resolve Itseif Into one or two questions, as_ there Is a vast amount of mist and discussion which 1 be compressed into very small space when the time arrives to do so. My idea is to have a fair court and a fair; honest and just investigation, 80 that when it Is completed there will be no longer ground for controversy.'" _C‘ROW-NINSEXEL;) IS GRATIFIED Glad That the Sampson-Schley Con- troversy Will Be Ended. WASHINGTON, July 24.—Rear Admiral A. 8. Crowninshield, chief of the Bureau of Navigation, expressed gratification to his friends to-day that a thorough inves- tigation of the Santlago campalgn would be at last instituted. Admiral Crowin- shield has been charged by friends of Rear Admiral Schley with being the prime mover in the alleged campaign of perse- cution from which he has suffered. Speak- ing of the application of Rear Admiral Schley, Crowninsheld sald to-day: “I am glad that the controversy is at last to be ended. I am also glad that an opportunity may be presented for sub- mitting of evidence to the court which will establish whether the item, ‘Bureau of Fabrfeation,’ applied by some par- tisans to this bureau, is a proper one for the Bureau of Navigation.” Admiral Crowninshield insists that his bureau has been entirely fair throughout the whole discussion. Dispatches which have been published by his bureau are those sent by officers who were their au- thors, and he holds he cannot be respon- sible for such dispatches. Rear Admiral Schley has copies of all messages cabled by him, or if he has mot the Western Union and Postal Telegraph companies have coples, which, if the court desires, can ‘be produced, and Admiral Crowin- shield is confident they will establish that his bureau has in no way tampered with any communications made to the depart- ment. e o COURTS AN INVESTIGATION. Sampson Pleased With the Action Taken by Schley. BOSTON, July %.—?ear Admiral Samp- son sald to-day: “I am-glad that Rear Admiral Schley has asked Secretary Long for an investi- gation. it will be a thorough one, and that not a detail of anything that has been in dis- T hope If there is an investigation H DISPUTE WITHOUT PAB.ALLET:. Hired Historian Maclay’s Vitupera- tion, However, Has Precedents. The internecine war between the Samp- son-Schley factions in the navy has now been in progress for over three years. It is without a parallel In our naval history, its nearest approach belng that of the Decatur-Barron feud, beginning in 1807 and terminating in 1820. Then, as now, meddlesome friends and partisans were largely responsible for the trouble, and as dueling is no longer permitted it is most likely that this scandalous affair will con- tinue until the natural death of elther one of the two officers. Since the close of the Spanish-American war a. multitude of histories have been written chronicling the events of that brief but interesting episode. They are all more or less glorifying Sampson and belittling “Schley,” but™ the ‘latest attempt at naval history, that of Edgar 8. Maclay, is so decidedly biased and abusive of Schley as to indicate beyond a doubt that the real historians are the partisans of Sampson and that the alleged compiler and writer was simply hired at Govern- ment expense to further the interests of a clique. This hired historlan charges Schley with cowardice and falsehood, and, strangely enough, has nothing but praise for all the other officers. Maclay was for some years In the service of the Light- house Department as keeper at Dld Fiela Point, New York, drawing a weekly sal- ary of $10. It was there that he completed for publication the first. two volumes of a history of the. United States navy up to 18%. The war with Spain necessitated an additicnal volume, and the compller was | glven a place In the New York Navy Yerd, with the rating as special laborer, | at the munificent per diem pay of $280. It is a rating the giving of which Is sub- ject to the approval of the Secretary of the Navy or any of the bureau chiefs. This ambitious but careless historlan al- léges that proofs of his books were sub- mitted to the officers that related to them personally. The preface ls dated New York Navy Yard, April last, the very time when Schley was on his way back to this country, and a delay in the publication of one month would have enabled the his- | torlan to submit proofs of matter relating to Schley to the person most interested, and no doubt some modifications in the severity of judgment and considerably less vituperation would have been printed. The proof has not been established that Schley was a coward and liar, but it has been pretty conclusiyely proved that these charges hold good against the clique that hired a person at Government expense to malign a brother officer and take undue advantage of his absence. Naval officers have complained over the baiting to which they have frequently been subjected in the public press, but no newspaper criti- cism ever approximated the abuse and serlous charges made by this cabal of naval officers against a member of the service. The most effectual way of put- ting a stop to this degrading practice of | vilifying a defenseless officer is for Con- gress to investigate the matter thoroughly and impartially; to punish Schley if the charges hold good or to acquit him. His powerful enemies in Washington make it impossible for him to obtain a fair trial by his brother officers. It Is also essentlal that the Navy Department should enforce the regulations prescribing the conduct of officers toward one another and impose the penalty of dismissal for acts such as Chadwlck was guilty of two yearsago. The charge that Secretary Long is prejudiced against Admiral Schley is, no doubt, groundless, but it Is evident that he per- mits grave offenses against good discl- pline to be committed. There have been only two prior In- stances In the navy where officers of high rank were court-martialed, charged with cowardice. Th first was that of Captaln James Barron, whose ship, the Chesa- peake, was caplured March 16, 1807, by the British frigate - Leopard. Barron was charged with cowardice, found gullty and sentenced’ to suspension for five years. Continued on Page Two BULLETS END BLOODY WORK OF A MANIAC Two Men Lose Their Lives and Five Are Wounded. AR S Desperate Battle Fought With Madman in a Kansas City. Michael Kelly, Enraged at Fancied Wrongs, Commits the Double Crime in a Leavenworth Lumberman’s Office. g ILEAVENWORTH. Kans.,, July 24— Michael Kelly, an insane man, to-day at the office of the Robert Garrett Lumber Compdny, in the busimess district, shot seven people, killing one, probably fatally wounding another and more or less se- riously - wounding five others. He was himself finally killed by officers who tried to overpower him. The dead are: JOHN R. GARRETT, aged 0, junior member of the Robert Garrett Lumber Company, died at hospital. MICHAEL KELLY, aged 50, dled after being taken to police station. The wounded are: Dr. Charles McGee, aged 30, shot in back and probably fatally wounded; Police Sergeant Willlam Dodge, stot In neck, wound serious; Michael Me- Dorald, detective, shot in leg, wound slight; Tke Healer, laborer at lumber yard, shot in hand, wound slight; Joseph Falthader, policeman, wounded in hand. Prepares for the Murder. Kelly had lived in Leavenworth for years and at different times has engaged in minor business enterprises. He was eccentric, and during the Presidential campalgn in 139 lost his mind entirely. At that time he was arrested for creat- ing disturbances and later threatened to kill Garrett. He was arrested and ad- judged insane, Garrett and four others testifylng against him, After a year In the Topeka asylum Kelly was released. He had been acting queer- 1y again and had declared that he would kill the five men who had sent him to the asylum. Daily for two weeks past he has been practicing shooting with a re- volver at the Fort Leavenworth range. To-day shortly after 12 o'clock he ap- peared at Garrett's office and without warning shot him as he sat at the desk. Garrett fell from his chair and Into the doorway, when Kelly deliberately fired four shots more into the prostrate form. Leaving his victim for dead, Kelly ran fifty yards to the rear of the comipany's lumber yard and began reloading his re- volver, Presently hé returned to the of- fice to find Dr. McGee, who had been at- tracted by the shots, bending over Gar- rett, Leveling his revolver on the win- dow sill, Kelly took deliberate aim at the physiclan from the sidewalk and fired. ‘The bullet struck McGee in the back at the spine and he toppled over near where Garrett lay. Fights With the Officers. Then followed an exciting street fight between the madman and officers who came upon the scene. Kelly, flourishing his revolver, dashed through the lumber yard. He met Tke Healer, shot him through the hand. A few yards farther on he encountered Sergeant Dodge. The two exchanged shots as they ran. One bullet from Kelly's revolver struck Dodge in the neck, but not before he had shot Kelly in the shoulder. Kelly kept on running and was soon confronted by Detective McDonald and Officer Falts hader. McDonald dropped Kelly with a bullet in the neck. Dodge raised his re- volver, but it failed to work and, catch- ing up with the murderer, he crushed his skull with the weapon. Kelly sank to the grcund and was carried to the station in an unconscious condition, dying soon aft- er his arrival there. Garrett never regained consciousness and died an hour after being taken to the hospital. Dr. McGee is still suffering severely, and it is belleved he cannot re- cover. Dodge’s wound is not considered fatal, while the wounds of the others are slight. ALBANIAN INSURGENTS IN BATTLE WITH TURKS Heads of Prisoners Cut Off After Engagements and Carried About in Triumph. VIENNA, July 24.—Albanian insurgents and Turkish regulars have had several encounters on the Turkish frontier. Many have been killed and wounded on both sides. It is reported that the Albanians cut off the heads of their prisoners and triumphantly ecarried them on poles through Albanian towns. It is also re- ported that the Turks massacred their prisoners, The Albanian revolutionary committes has called a congress of Albanian dele- gates to Duleigno in Montenegro to decide as to future action. A band of marauding Bulgarians near Ghevgheli, intrenched in a farmhouse, were stormed by Turkish troops and Killed to a man. . - American Minister Robbed. LONDON, July . v. Mr. Todd, an American clergyman, was robbed of £1000 while on the Paris-Geneva express,” says a dispatch from Geneva to the Daily Mail. “He is one of the numerous victims of two fashionably dressed women and two prezentable men.” a laborer, and