The San Francisco Call. Newspaper, September 13, 1901, Page 4

THE SAN FRANCISCO CALL, FRIDAY, SEPTEMBER 18, 1901 SCHLEY-SAMPSON COURT OF INQUIRY HOLDS FIRST SESSION"AT WASHINGTON NAVY YARD AND RELIEVES REAR ADMIRAL HOWISON FR Counsel for Applicant File ‘a Challenge Charging the Deposed | Associate Member With Bias and Prejudice and Introduce Testimony of Three Witnesses to Prove Their Allegations — — r—— o3 Three witnesses 'gave testimony concerning statements made by Howison tending to show that lie had already formed an opinion on the matter under investigation. Howison in reply said that he zeas not prejudiced and that he intended doing his duty. He gladly welcomed, however, the order releasing him from serving. . o s ASHINGTON, Sept. 12— | o ‘Within three hours from the time of the convening of the court of inquiry to-day it was announced that Rear Adwmiral | Howison was disqualified | from serving as a member of | the court. He was excused from further | duty. This brought the proceedings to | an abrupt termiration and caused a tem- | porary adjournment of the court in order to permit the Navy Department to desig- nate an officer to succeed Admiral How! son. No further session is probable until the early part of next week. It had been expected that little official business would be accomplished on the opening day, and the prompt decision as to Admiral Howison came somewhat as a surprise Prior to the court’s convening a good sized crowd assembled at the Washing- ton Navy Yard, where the court met, to witness the coming of the prominent naval officers who are to take part in the proceedings. They came ununiformed and unheralded, and till the full dress uniforms had been donned at quarters in- side the yard for the actual session of the court there was little to lend dramatic interest to the occasion. Admiral Dewey end Admiral Schiey naturally were the premier figures in popular interest. The latter had about him a distinguished bod: of counsel, Including Jere Wilson, Atto ney General Isadore Raynor of Maryland end Captain James Parker, with Mr. Teague acting as advisory counsel. The German naval attache, Captain Rebeur- Paschwitz, occupied one of the seats in the public area naval officers present was noteworthy. A salute of seventeen guns in honor of the admiral of the navy marked the open- ing of the proceedings at 1 o'clock. The | usual formalities on_the opening of the | court were transacted with dispatch. Challenges Howison’s Eligibility. The first skirmish was opened by Ad- miral Schley rising from his seat and. spea deliberately son’s eligibilit challenging Admiral Howi- as a member of the court. Three witne: were brought forward in of this challenge, namely, Fran- William E. Spon and Foster They gave positive testimony the expressions they had heard Ad- 1 Howison make, favorable to Ad- miral Sampson and unfavorable to Ad- miral Schiey Frost testified to a statement Admiral Howison had made to him at Boston l 1 The number of wives of | g in a strong voice, calmly and | | | | while the witness was seeking news as a | reporter, Spon to remarks made while he | &nd the admiral were journeyin; g back to this country from Europe on a trans- A tic steamer. and Nicholls’ conversa- ion occurred during a business call at Admiral Howison’s private residence at Yonkers, N. Y. In concluding this testimony the ques- | | Howison | on the statements made | on His | tion arose would join is: by the . witn whether Admiral or would rest an answer until he submit it. The admiral met the turning at once to Admiral he ses privilege to withhold chose tc considerable and disclaimed any of the talks =said to have { place on the lr;ms—Al!annL} | -+ ufficient, however, 1o coun- [ T 5% 3 5 A direct testimony given by LS nesses, moreover, the | | MEMBER OF BOARD OF INQUIRY EXCUSED FROM SERVICE AND TWQ PROMINENT WITNESSES 1 himself, in concluding his state- | indicated plainly he had no _)_ R i b A 2 3 - remain on the t and was | ¥ there simply in obedience to orders. He apparently oblivious to the fact that | of hi< legal right of challenge, objects to Rear admiral had been the last member of the | . sident and Gentlemen: In reply to then app to his sociates on the | every eve was centered on him. Admiral Henry L. Howison upon the grounds. A A board of ordnance to agree to the use of | the objection to me as a member of this court, court to dec all doubtful que as | The sc thin the courtroom was one That Rear Admiral Henry L. Howison has smokeless powder by the navy. Continu- |1 submit a_copy of my personal letter to the o, his eligibility in favor of- Admiral |qof impr. i The disting already formed and expressed an opinion on * |Ing. Spon sald that Admiral Howison |Hon. F. W. Hackett, which has been made Schley Ry ide their civilian | the merits of the case about to be. Investl- WHO MAY BECOME cathe Within' heating of {he controversy | public Ly ths Nave Depirim Before submitting the challenge to the | Gres in the brilliant full | 82ted, and that he is therefore ineligible for 2t this point and wa:king up to the group | Mr. Frost, I think, is answered in this letter determination of the court Ra { orms of the naval service. The con- | Service as a member of this court. said: above referred to % C i€ na s ce. 2. T} v vl el S . a Spon's statement.is o ot fath examined Admiral Howison very minute. | versation ¢ ad prevailed through the | 2 That Rear Admiral Henry L. Howlson has | *1 corréct you; this s not so. You men | Jr, Sron's statement.is one I cannot father Iy a his personal sentiments toward | great hall sabsided 1o awelike hush | the™mt ica of the cass sbont 5 b evesth | do not know what you are talking about. | L 2O3Ively @) not remember his face at all. Ad ampson and Admiral Schley | the uniformed guard of marines hu gated adversely to sald Rear Admiral W, S. | Jou do not krnow - anything about it | nof seen him for two. years oF mMore and Mr and developed that Admiral Howison had >d strangers into their seats ’Sr‘hlfly_ thereby indicating a bias and preju- | —_— Sampson is very much respected and | Spon, by his own statement, only last Octo- "Xr'r‘:- sed "f-g:fln definite vari\'|rli'-fxig as | “Boom, boom!” came from a great gun | dice which renders him, said Rear Admirnlb& looked up n;,!hand especially by the I;ery Mr. Niche .}1‘,41 5“ at my .:rvus; at to Admiral Sampson's retention of au-|just outside the building. L. Howison, ineligible for service as a member A 2 younger men of the navy.” | Yonkers on a very hot day on his own busi- thority and responsibility, even while he |- 1t both. a salute and a signal bl e cqurt. mong Those Mentloned @S | " Continuing, the witness said that some | ne He wouwld not take “no admittance was_ absent temporarily from the fleet | the court had onened | ;3 That Rear Admiral Henry L. Howlson has, = colloquy foligwed, after which Admiral | for an answer, and during his etay he did at Santiago. The challenge then was| The first crash of the gun startled the | in connection with the subject matter about Successor to HOw'son Howison had said: “Anyhow, Schley | waich w ‘"lh’,“‘;:&,‘is"né‘?fii'q"??u:i ed-of submitted to the court, which, under the | spectators. 1 They Walled dp the sev- 10, be invesizatny fahossd |3 Jogmviiy should have been court-martialed. He | WAKh Was the Sampsor-Sehiey niuch talked of circumstances, was rowed down to |enteen gun: le number given in honor | opinion on the Py e ] Pty 2 Wwas the main cause of all this contro- | {if4lL Our talk was e Admiral Dewey and Rear Admiral Ben- |of the admi of the navy. had been e e chley. Shhre Are M]“er and Ramsay versy in the newspapers. 1 desire to say that I am, ‘as you know, here ham to pass upon { fired, when ear was strained for the | o8 0 N Rt AS T T oiicn Tty Spon added that Admiral Howison had | to obey the orders of the department fo re- Court Sustains the Challenge | word of the proceedings. Leligible Tor Bervice ab & Aant s o pampreL it —_— seemed much excited during this conver- | port to you for duty as a member of this °nge. | At the instant that the firjng began | “Sible Rear Admiral Henry L. Howison, i 2 g satlon, and that the other members of the | court. It is not optional with me to obey or fter hardly more than fifteen mirutes | Admiral Schiey and his two 'associates | connection with the opinion’ formed and ex- Special Dispatch.to The Call. party had listened in silence to what he obey these orders. My commission re- epent in retirement in the consultation | } entered through the rear doors and | FATCHIGN WITh (he opinlon formed and ex: Sir BEaAe W e hr?d to say. ‘““From h|‘s whole m,;‘nne,,. A o e TR EBJEEHN room of the court Admiral Dewey briefly | taken seats at the long table. | about to be investigated, has Instituted and LL TREAU, . | the witness went on, “T infer that he was | hese orders were not sought by or are announced that the ned the | . ¥ the Jiidves Are Sten | anncunced a comparison between the acts and N. W., WASHINGTON, Sept. 12. | a violent partisan of Sampson and corre- lf;’w‘ ax:fl?}’l? =T 2o h’:"';m?a'llg:j nge and said that Admiral Howiso: aces o e Judges AT personal and professional clharacteristics of the —Acting Secretary Hackett late | SPOndingly prejudiced against Schley. He | o e‘fi?j'“. it e o R B o be excused from further atten It was a striking picture, with Admiral | principal parties to the present issue—viz. o tHE ok ‘recelving | W'as mot conteat to correct me as to Ad- | #&Vce (4 TS MONR. Ll e o | Dewey i the middie, Rear Admiral Ben- | Rear Admirals Samo a_Echley—to the | Formal anties fram ton recelving | miral Sampson. but seemed willing to say | I 9 not progose to enter into the subject of he decision came =o quickly and un: | ham on the right and Rear Admiral How- | dvantage and disparagement of the lat- | formal notice from the judge ad- | bitter things, almost vindictively, against | cal) for the ormation of the public what has expectedly. that it sent a flutter of agi- | ison on the 1r:|.1_'l hel r.’uw.\ wv"rv .«fm:;?. { tez "‘h-wh.;fim(‘-nm r*]!{:]"fl:}:f;i]fi ;:fi:l;flll"‘ vocate of the action of the court | Admiral Schiey.” been said to me by acquaintances. In fact, it tation through the courtroom. There w. ‘Lney were in full uniform, the four- ch . Tenaans im, g - relieved Rear Admiral Howison s o would be a difficult task to perform. Frivate of an comment and arred colla f the adr icating | Howison, ineligible’ for servife a member ( ¢ y Said Schley Disobayed Orders. tterarces are mot long retained. particularly is counsel miral Dewgy at once closed the pro- ceedings by announcing that the court would adjourn indefinitely until the Navy Department named an officer to suc- ceed Admfral Howison Captain Lemly, judge advocate, was the first official to arrive. He came in with his assistant, P. Hanna, a few minutes after 11 o'clock, and they were soon busily engaged in unpacking two ¢ three large boxes of books Which it expected will be called into frequent u for reference during the sitting of the court The distinguished naval officers who sre to participate in the progeedings began to put in an appearance about 12:20 o'clock. They came quiet and without any outward demonstration of saluting guns and marching guards of | honor. | Admiral Benham was the first member | of the co to arrive. He was in civilian dress and carried hi: cased ord and dres Aa ¢ private ground those on the o Admira just 12 suit case containing his uniform. fficer of the yard escorted him to the . Where the full dress of t was to be donned at 0 o'clock and was greeted at the entrance of the building by Rear Ad- | miral vard A guard of marines &lso wheeled into line and saluted as the admiral passed by Accompanying him was his young Chinese servant who served him during the battle in Manila Bay and has evet since re. mained as bis body servant. The admiral was calm and smiling as he acknowledged the greetings of officers and men. Impressive Scene in the Courtroom. Admiral Howison's arrival passed al- most unnoticed, as he has been here so little of late that the knots of observers did not immediately recognize him. It was just twenty minutes before the court was to convene that a large auto- mobile came up to the building with Ad- miral Schley, accompanied by his counsel, Messrs. Jere Wilson. Isadore Raynor and Captain James Parker, and the witnesses who were 1o be offered in connection with the challenge of Admiral Howison as to hie eligibility to serve as a member of the court. Admiral Schley was the last to alight. He was cordially greeted by Rear' Ad- miral Terry, commandant of the yard, and in return Admirai Schiey clapped the shoulders of the commandant and gave sim a hearty return to his weicome. Ad. hiral Schley wore a suit of navy biue of sivilian cut, with a straw sailor hat; his sve glasses dangled from his breast. As 3¢ passed along to the dressing rooms he / Terry, commandant of the navy Dewey drove up in his carriage | the esses. Th joinder he prepared very speedily. While | - some points | | | | ASSISTANT 3ECY OF NAN s ST | " OM SERVING ON BOARD Howison, in Answer to the Charges Contained in the Challenge, Denies That He Bears Any lll-Will, and Says That He Only Desires to Faithfully Perform the Duty Required of Him B = = % . Theicourt of inquiry appointed to investigate the conduct of Admiral Schley at the battle of | Santiago met in the navy-yard at Washington yesterday and excused _Rcur Adwmiral Howison from ! serving on the board. An adjournment was taken to awvait the appointment of another associate member by the Navy Department. ’ s 5 - 3 & #]seen the man before, ana I positively cannot CAPT Francrs A sty Coor, rvice Con- but it was a by hung at his left = de, T ted and not pre: of Manila Bay, gr g in remembranc Admiral Echiey sat at ta pro- vided for him and hi: 00, was in f niform, h howing two ® n anchor of his grade. F back w 0 the spectators, and, with his cour he faced the members of the cour: t across: from the officers sat Judge Advocate Lemly, the law officer of the navy and of the court, with Solicitor Hanna of the Navy Department at his Outside of the rail, in the sea of could be seen -many 1 known in ihe naval d Government service, as well as many ladies, including the wives of taking a prominent part in the pro- 11 Dewey simply said in conven- ing the court: “The court s open.” Immediately after the court convened the members retired, at the instance of Judge Advocate Lemiy, to decide whether the court should sit doors. The court was absent about fif- teen minutes, and when it returned the proceedings began in view of the public. Judge Advocate Lemly introduc ith open or closed Hulse, and his own assistant counsel, Hanna. Admiral Schley introduced his counsel, Judge J. M. Wilson, Hon. Isidor Rayncr and Captain James Parker. Opening of the Formal Proceedings. The proceedings of the court began with the reading by Captain Lemly of Admiral Schley’s letter requesting the convening of the court and the Navy De- partment’s precent. The court assumed a listening attitude, but Admiral Schley, known as the “appli- cant” in the case, gave only indifferent attention to the document. The admiral gave closer attention, however, when the judge advocate began reading the order appomting Rear Admiral Howison a member of the court in place of Rear Ad- miral Kimberly, and he continued to give careful heed when his letter to the de- partment, asking for a modification of paragraph five of the precept regarding Admire] Schley’s, disobedience of orders was read, together with the department’s refusal to comply with the request. None of the documents received more than perfunctory attention from: the auditors, but there was a general change of attitude when the order of proceeding was reached. Admiral Schley arose and said that with exireme regret he was obliged to challenge Admiral Howison as a member of the court Th= chalienge follows: Rear Admiral W. 8. Schley, in the exercise the | | official reporter of the court’s proeéedings, | The Challenge Creates Commotion. While the challenge, of course, was ex- pected. it created no little commotion, coming as it did without preliminary an- nouncement. A hurried consultation among the mem- bers of the court followed. Admiral Dewey first turned to Admiral Benham, then stepped around the table and en- gaged Captain Lemly in conversation. He afterward spoke to Rear Admiral Howi- son. Captain Lemly asked if there was any evidence in_support of the statements concerning Rear Admiral Howison, to which Raynor, speaking for Rear Admiral Schley, said there was. Admiral Dewey announced that this would be heard, In asking Admiral Schiey for a desig: tion of his witnesses, Captain Lemly re- | ferred to the admiral as the “‘accused.” Admiral Dewey promptly called his at- tention to the error and the judge advo- cate generai corrected it. referring to him then as the “applicant.” Francis A. Frost of the Boston Record, who had reported a conversation with Rear Admiral Howison, in which the lat- ter was alleged to have made reflections upen Admiral Schley, was the first wit- ness called to the stand. plained the nature of his duties in secur- ing news from the Charlestown Navy Yard and then detailed a_conversation he is said to have had with Admiral Howison. This occurred, he said, in the command- ant’s office, and while it had not been given with' the distinet understanding injunction of SG(‘I’C(‘E. Publications had begun to appear con- cerning the credit for the victory. This had been referred to during the witnesa’ visit to Admiral Howison, and in reply the admiral stated, so the witness testi- fled, that Sampson was entitled to the credit of the victory at Santiago. Admiral Howlson, he testified, described the duties which had devolved on Sam son; how Vessels had been placed off the entrance of the harbor to guard against the escape of the Spanish fleet. The wit. ness sald Admiral Howison stated that if | the American fleet had been defeated-Ad- miral Sampson would have been asked why it had occurred. Frost sald he had suggested that the public seemed disposed to give the credit to Schley. In response; he testified, Admiral Howison went on to say that Sampson’s standing as an officer and as a man was greatiy superior to that of Schley. 3 Had No Use for Admiral Schley. “What he said,” continued the witness, inclined me to the belief that he had no use for Admiral Schiey.” He | first ex- | it should Lé published, there was no | Frost gave in! designated his successor by sending a | telegram to another officer of the rank of rear admiral, assigning him to duty. Hackett was asked to-night if he would make public the name of the officer: se- lected. “That might not be fair to the court,” he responded. “Courtesy to Admiral Dewey and Rear Admiral Benham re- quires me to first acquaint them with the name of the officer who shall serve & their associate. If Admiral Dewey chooses to make the name public when he is in- formed of it, that is a different matter.”” The list of officers from whom Hackett selected Rear Admiral Howlson's sudtes- sor was short. Naval officers who are usually well informed expressed a belief that Rear Admiral Joseph Miller, retired, how in New York, is the one appointed. Others whose names are mentioned and Who would be acceptable to Admiral Schley are Rear Admiral S. James E. Jovett, retired; George Brown, retired; F. M. Ramsay, retired, and N. H. Farque- sar, chairman of thé Lighthouse Boar L e e Y ] detail the circumstances leading up to the publication. On cross-examination the witness was shown the precept and was asked by So- lcitor Hanna if Admiral Howison had ex- pressed an opinion on the point in the pre- cept. The witness thought he had not, as many peints in the precept were not in- volved in the conversation. The witness adhered strictly to his first statement. On re-direct examination Raynor asked: “What was Admiral Howison's manner during his conversation with you?” “He spoke of Schley in what I would call a sneering manner,” replied the wit- ness, There had been no announcement of the names of witnesses who would be intro- duced to substantiate Frost's testimony as to Admiral Howison's attitude toward | Admiral Schley, and much interest was manifested when ‘the next witness, Wil- liam E. Spon of the firm of Spon & Cham- berlain, booksellers and publishers in New York and London, made his appearance. Spon testified that he had been a pas- senger on the steamer Minneapolis, which had sailed from London for New York on the 1ith. of .October, 1900, and that. Ad- miral Howison had also been a passenger on the vessel. The witness related that one day during the voyage the Sampson- Schley controversy came up and one gen- tleman efipxesaed himself as favorable to | Admiral Sampson. Spon had taken the opposite side, and in his effort to show that Admiral Sampson was not a fit man for that position had remarked that the e rear.and the court took an informal re- Spon was jmmediately succeeded by Foster Nicholls of Yonkers, N. Y., which s Admiral Howison's place of residence. Nicholls is interested in naval publica- tions. and in this capacity called upon Admiral Howison in July last for the pur. fose of securing from him notes for a iography of the admiral. He stated that the day on which the cail was made was very hot and that on this account the ad- miral had asked to be excused _from granting an interview. Nicholls said that after this conversation he had procured a copy of the work which his house was getting out containing a sketch of the eaders in the Spanish-American war and containing, pictures of Sampson and Schley. The witness said that at the sight of Schley’s picture Howison said Schley had no business in the navy, and added | that if Schlev were in the Engiish navy he would have been put out ‘‘for less cause thar there was in kis case.” “I asked,” the witness continued, “the reason why Schley should have beén put out. Admiral Howison replied, ‘For diso- bediénce of orders,’ I asked why, if he! disobeyed orders, he was permitted to re- main. The admiral replied: ‘Because he gave the excuse that he had Lo o to port to coal, yet everybody knows that coaling at sea js possibie. ™ Fhe ‘Witness said that he had expressed surprise at Admiral Howison's attitude, and that in reply the admiral had said: “You would not be surprised if you were in touch with the sentiment among naval officer: 3 ‘Witness said that in response to an in- quiry from himself, Admiral Howison had explainefl the absence of Admiral Samp- son from the scene of action when the Santiago naval battle occurred, by says ing: "The explanation is that there has been a lack of co-operation bétween the land. and naval forces and Sampson was trzln! to harmonize them. The day on which the battle occurred was the last day on earth when the Spanish fleet should have been expected to come out.” Judge Advocate Lemly at this point maintained that Admiral Howison could make a statement if. he desired, either before or after the arguments. Admiral Howison settled the matter, however, hK reaching forward for his cap and whispering to Admiral Dewcy. The latterthen announced that Admiral Howison . would make his response at | once. Thereupon Admiral Howison with- dréw to the private apartments In the cess. - he court remained absent from. the om for about fifteen minutes, and when | reconvened Admiral Howison presented his reply_to the charges made agalnst himself. Hie statement was typewritten en there is no per: under_dlscussion. T sincerely hope that Auring the examination of my eligibility for membershin should there be any doubtful points in the minds of the unobjected to- members of this court that all uch - points be decided in favor of Admiral hley, who is the one most particularly con- cerned’ in_the investigation to follow. I will aczept my detachment, as I have my orders for this duty, as an officer should. I have no personal feelings and no reonal interests in the matters to come before the court except the interests I have far the good of the service. I have great faith in the im- partiality and justice of naval officers serv- ing on courts and sincerely hope that the sults obtained may be satisfactory to our navy and_count! Respectfully, H. L. HOWISON, Rear Admiral, U. §. N. Assistant Judge Advocate Hanna, as a further part of the admiral's reply, read his letter of explanation to Assistant Sec- retary Hackett, made public some days £go. Raynor asked pérmission to interrogate Admiral Howison. The court granted permission and the examination proved to be one of the most interesting features of the day’s proceed- ings. Raynor pressed his question persist- ently, but the admiral did not at any time compromise in his contention that he was competent to sit as a judge in this inquiry. Before the questioning began Admiral Howisor remarked that he did ot desire to go into. any private discus- on, to which Raynor replied: “I will not go into any private matters at all, ad- miral, but the matter of whether or not you had those conversations with these t gentlemen is one which we will have to go into. I will not encroach at all on any- thing that is improper. I will be very careful about taat, because this is no im- peachment of your capacity or integrity, either. It is merely a question of whether your mind is made up on ¢ertain subjects din connection with this matter.” Ho then asked the admiral concernin Frost's statement that he (Howifon) ha sald that Admiral Sampson deserved the credit for winning the battle of Santiago. “I want to know,” he added, not you ever said that to Mr. Frost.” “Maybe 1 did,” the admiral replied, re- flectively, and continued: “If he was com- mander in chief=#probably did say so[-not am merely talking now of the navy orders customs and only to Mr. Frost, but to others. and regulations and the commands of the service.” Being questicned as to his statement concerning Spon’s testimony, the admiral replied that he not only did not remember Spon’s face, but said that he had no rec- con- ollection whatever of the incident cerning which that witness had testified. and was as follows: “I tried while he was simn’ admiral said, “to remember i 'whether or here,” the 1 had ever | that kind. | witness. | it were to answer some fimember ever seeing him, nor do I remeffiber the occurrence of any such clrcumstances as he says did certain point on board I did come home on the Minneapolis, but it is not my custom to interfere people’s talk when they are side. I have nad them abuse ship many times when I was officer; I have heard them and r the men’s voices, -but I never we men about it. I knew that they T tended that I should hear it. I never would . interfere with a conversation of It would be unreasonable.’ “And you have no recollection of your saying anything on that voyage on the subject of the Sampson-Schley contro- vers?” asked Raynor. “I do mot remember what I sald,” re- plied the admiral. “I may have said something on that voyage; I do answer any one's questions if they are asked po- litaly, where it does not make any differ- ence.” “Do you not recollect saying on that voyage to any one that if Schley had done certain things he cught to have been court-martialed ?"* Rear Admiral Howison replying sald: “No, I do-not remember making any such remark. But if some one, for instance, should come to me and say that a certain officer had done a certain thing I might say that under the navy regulations he would be subject to court-martial or dis cipline of some sort if he had done a ce tain wrong. I would not hesitate to s occur at a the Minneapolis, with talking out- me aboard xecutive v that to you at any time, or to anybody else.” Taking up the testimony of Nicholls, Raynor called Admiral Howison’s atten- tion to the fact that in his formal reply he had not denied the statememts of that The admiral_said he had never said to Nicholls that Schley had no busi- ness in the navy, or that a man could not remain in the Eng! navy under such circumstances. “I never made any such remark as that about Admiral Schiey. If anything of the kind occurred it was just as I stated in my answer to you before. I he (Nicholls) had stated to me that Admiral Schley had positively disobeyed orders or done something that he ought not to have done, that was liable to disci- pline, 1 would have sald he should be brought before a court-martial. That i simply one of the regulations of the ser- vice.” Raynor (interrupting)—He says “I ex- pressed surprise that he should feel this way toward Schley, and he said: ‘You would not if you were in touch with the sentiments among naval officers.’ ™ Rear Admiral Howison—Well, how in the world could a stranger to me, coming to my house on his own business, get me to speak in such a way as that unless juestion or unless he misinterpreted my answers to him? [ have not the slightest desire to force my- self on this court. I do not want to on it. It is not agreeable duty for me I have no desire whatever te do it and I am not making any excuses for mysel? or for any of my private discussions with any one. I think that is my own affair and nobody else is asked about these p. vate discussions. It is only this one ob- jectionable man. I am perfectly willing to get out, as I say in my letter. “But are you willing to ask the court to relieve you?” “I cannot ask the court to relieve me, ¥ because they have got to do that upon the merits of the case.” Then ensued a long controversy be- tween Raynor and Admiral Howison as to the qualification judge of one who recognized Sampson as commander in chief at the battle of Santiago and en- titled to credit for the victory. Schley and the Santiago Campaign. The Judge Advocate—May I ask what feature of the precept Is referred to with regard to winning the battle of Santiago? Mr. Raynor—It is involved in three of the specifications, I think. if you will look at_these specificatio: The first specifi- cation directs the court to inquire into “‘his conduct in connection with the events of the Santiago campaign.” Now, the conduct of Admiral Schley at the battls of Santiago is not an event in conmection with the Santlago campaign, I would like to know what is. The Judge Advocate—The conduct of Admiral Schl is 1n question not only at the battle of Santiago but in the whoie Santiago campaign. But I may as well say here, Mr. President and members of the court, that the questiof of Admiral Sampson’s conduct upon those occasions not before this court in any way. This not a comparative question as to Wwhether some one did or did not do betfer than Commodore Schley. It is a question as to whether Commodore Schiey did his whole duty in the Santiago campaign and at the battle of Santiago, and the general question as to whether some other officer of the navy is a better man than Commo- dore Schley, or not so good a man, is not the point. Mr. Raynor—We intend to prove that Admiral Sampson was not at the battle of Sanfiago at all, -and it becomes a auestion of who was the commander-in chief at the battle of Santiago. If Ad- miral Sampson was not there, then Ad- -miral Schley was the commander-in-chiet. And if a judge of this tribunal has al- ready made up his mind that Admiral Sampson. as commander-in-chief, won that battle, it becomes a very pertinent irquiry under the specification as to what was the conduct of Schley during the Santiago campaign. That will be one of the questions invoived here—not a com- parison between Schley and Sampson, but as to who was practically, legally, offi- cially and technically the commander at the battle of Santiago—to whom credit is due, if, as the admiral has said, credit is due o the officer who was in eharge If there has been an opinion expressed on that point of curse we want to know it, and we want to know if it is such an opinion as to throw upon us the burden of proof. Now, I will ask you, Admiral Howlson, whether you have not, in con- versations with anybody else, at times’) expressed yourself upon the proposition that Admiral Sampson was in command at Santiago and deserves the credit for that victory? In reply to this and further questions Admiral Howison stated that he looked upon Sampson as commander in chief of the squadron, but the eredit for the vic- tory would depend upon what he did or did not do. Admiral Howison said any conclusion would depend on official reports, and then, in answer to further questions, the ad- miral said that he had discussed the con- troversy in many conversations during the past three years on the basis of new: paper reports. Some things he had said Were favorable to Schley and some to Sampson. He never had said that Schley was hot- headed and impetuous, for he never nad thought him hot-headed or nervous. The testimony having been closed, Raynor in a few words called attention to the fact . that the statements made by the wit- néssesd had not been denied. Raynor having referred to Nicholls statement as to what Admiral Howison had said concerning Schley and the Eng- lish navy and also coaling at sea, Admiral Howison Interrupted with very positive disclaimers that he éver could have made either statemént. They must have been some one else's statements. Following Raynor’s arraignment of Ad- miral Howison as a member of the court, that body took a brief recess to consider the matter. When it returned Admiral Dewey promptly said: “T have to announce that the objection of the applicant to Rear Admiral Howi- son is sustained by the court. The Ad- miral is excused from service—for which,, I know, he is very glad.” Rear Admiral Howison—I am, indeed. The court then. at 3:6 p. m.. ‘sdjcurned to await tite appointment of a successor to Admiral Hovmn by the Navy ment.