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The Washington times. (Washington [D.C.]) 1901-1902, September 13, 1901, Image 2

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replies sent by Actlns Secretary Hack
tt coivcminK the eligibility of Hear Ad
miral Ilovvison Several other orders Inci
dent to the enrjulrj were read and tiled
In the case vhcn Captain Lcmlv had
concluded he turned to Admiral Schle
and snWl
Is the applicant represented by coun
sel
I am replied Admiral Schley
Hi whom
Admlrul Schley named Judge Jere M
Wllpon Hon Is idor It ivncr of Jlan
land and Capu James Parker Their
names were repeated to the Court In
Captain Lcmlv in ordei to incorporate
tin in In the official record
Then came the most Important develop
ment in the first davs proceedlnss of the
Court It was opened bv the question of
the iidge adocate addressed to Admiral
bch y when he said
Has the applicant any objection to
fTcr to any member of the court sitting
on th case
Admiral Schley replied in firm tones
formal objection SInilr
It is with extreme regret that I am
obliged to object to the sen ices of Ad
miral Henry 1 Hovvlson as a member of
the Court He then read from manu
script the following
near Admiral XV S Schley In the
exercise of his legal right of challenge
objects to Hear Admiral Henry U
llowlson upon the grounds
First That Rear Adralril Henry
L llowlson has alreadj formed and
expressed an opinion on the merits of
the case about to be Investigated and
he is therefore ineligible for service
as a member of this Court-
Second That Hear Admiral Henrv
X Howison has already formed and
expressed nn opinion on the merits of
the rase about to be Investigated ad
versely to Hear Admiral V S Schley
thereby indicating a bias und prejudice
which render him said Hear Admiral
Henri L Howison ineligible for serv
ice as a member of this Court
Third That Hear Admiral Henry L
llowlson has In connection with the
subjtct matter nbout to lie investigat
ed expressed an unfavorable opinion
on the personal and professional char
acteristics of said Rear Admiral
Schley thereby Indicating a biis and
prejudice which render him said Ad
miral Henry I Howison ineligible
for service as a member of thS C ourt
fourth That Rear Admiral Henry
I Howison in connection with the
opinion formed and expressed by him
on the merits of the case nbout to be
investigated has instituted and an
nounced a comparison between the
acts and personal and professional
characteristics of the principal parties
to the present Issue Mi Rear Admi
ral Wtlilam T Sampson and said
Rear Admiral V S Schley and to
the disadvantage and disparagement
of the latter thereby Indicating a bias
and prejudice which render him Rear
Admiral Henry Howison Ineligible
for service as a member of this
Court
Admiral Schlcv read in clear and dis
tinct voice slowly aid moderately He
appeared to have complete control of his
emotions During the reading of the
Objections Admiral Howison gave every
indication of endeavoring to appear In
terested but not disturbed bv the rectal
of the causes for Admiral Schleys
desire to have him relieved
Now and then he looked somewhat
sternlv at the applicant as he read Then
he would for a moment close his eves and
opening them again would look awav
from Schley When Schley had concluded
the judge advocate asked If he was pre
pared to adduce testimony to substanti
ate the objections made
I am prepared to substantiate them by
the testimony of three witnesses re
plied Admiral Schley
The IVItnpK
The first witness called to substartiate
the objections advanced by Admiral
Schley as his reasons for asking that Ad
miral Howison be excused from serv ice
on the Court was F A Frost a reporter
on the Boston Record and the writer of
the alleged statement printed In that
nnnar In Arlmlrfil Tlnn knn Ti fi S
ifii manner the way that Admiral Samp
Eon was responsible for the condition of j
each vessel how the vessels were placed
off the mouth of Santiago Harbor so as
to make the most effective resistance to j
the In case he should try to
cape and he ald that if the American
fleet had been defeated Admiral j
son would have been the one taken to i
account or would have been asked whj
and that was the reason why Admiral
Sampson should receive the credit at that J
llUll 1
Mlnlntrr and Yutin Indj AfToctril
Ministers sometimes find they suffer
from the effects of bad habits as well as
crdinarj people Rev Mr of
Athens N Y had become greatly ema
Llatcd from coffee drinking which pro
duced stomach trouble and all of the ef
fects of overwork or poor nourishment
He ejult the coffee and began drinking
Postum Cereal Food Coffee
His health began to improve and he
now weiglis 151 pounds an Increase of IS
pounds over his former weight This
Improvement In health and strength is
tbown to be due to tho use of Postum
Food Coffee bj the fact that when he
ijtops drinking Postum as ho has done
for an experiment he begins to lose
fletih and get back Into his old condition
A joung lady who writes about the
case says that she was formerly suffer
ing greatly from thoc twin diseases
dyspepsia and nervousness I knew
that both of the diseases had their origin
In the us of coffee and while I was fully
aware of Its injurious effects upon my
stem 1 vvas not willing to give it up
for 1 did not know of anything to take
Its place
Tea I knew was also Injurious and
as for cocoa It lacked the snap and go
which can alone satisfy a coffee drinkers
taste About two jears ago I purchase d
my first box of Postum rood Coffeo and
quit the use of coffee I made Postum
according to directions and found I had
a drink not only equal to coffer but far
ruperlor to Jt In many waj s Since that
time I have used it constantly and find
ray general health very much Improved
and the twin diseases gone I also send
jou the names of Rev and Mrs
of Athens N X who hav e been greatly
Helped by the use of Postum Food Coffee
la the place of ordinary coffee
feet that the neople and the press seemed
to be praising Admiral Schley to a great
extent and Inclined to give htm the credit
for the victor Admiral Howison said
that that might be true or some words j
tp that effect that I do not exactly re
member and then he went on to say that i
was not as competent a man as
Sampson that he was not held in as high i
re gard by naval officers and that at the j
Naval Sampson had a raucn
nr
-ma Mnnmiiv surcrior to that of Schley
The manner In which Commodore
Howison said it led me to believe that he
had no use for Schley persona
he said was inclined to be rash
hot headed and was not Sampsons equal
as a man or as a naval officer
Question Whendld the report of this
conversation first appear In any of the
P
Answer The first report of this conv er
sctlon so far as I now remember was
printed In an editorial of the Lawrence
Muss Daily Eagle on the 23th day of
January lW 1 then made use of the
sentiments which Commodore llowlson
expressed to me but did not make use of
Commodore Howisons name
Q You were the editor of the Eagle
at Lawrence Mass
A I was
Q And while you made use of the sen
timents that he expressed Admiral
Howisons name was not used
A No sir It was not
Q When was Admiral Howisons name
used for the first time in any publication
that appeared In the papers
J 1 vninK It was VUKUBV t ui Lite pie- I
sent j ear In the Boston Evening J
oru
Q Why did you not make use of it be
fore
A There were several reasons One of
them ws that I had no wish to injure
Commcdore Howison He told me and
other naval officers told rro that the
naval officers did not like to appear in
print much that It was apt to have a
reactionary effect upon them at Wash
ington and while what he said con
cerning Admiral Schley might have been
COFFEE DISEASES
1
as would have been applicable to any commander-in-chief
as flxlng the
which icsts upon a
cniei in sucn n porltion
A I think that he spoke of Admiral
Sampson specifically He called him by
name and spoke of what Admiral Samii
son had done
CI You do not quite get my point He
spoke of him spccillcall but did he refer
to him in that connection as the commander-in-chief
and would or would not
what Tie said In J our Judgment hav e been
equally applicable to an officer who had
made such a disposition of a fleet Did
vou so undetsacd It
A I cant say that he alluded to him In
the words but h
spoke of Admiral S imp son as being tho
one who would be accountable to the
Government or who would have to make
expianaiors in cast the American fleet
was defeated at Santiago
Mr Raj ner took Ihl witness again
asked
ft
Sampsiin Iras the nnsWcr
William n Son who said he was a
publisher engineering books with Lon
don and New York offices and resided at
50 Hast Thlrty tlilf d Street Bayonne N
J tod of some remarks he overheard
Admiral Howlsan rnakeTm the steamship
Minneapolis crossing the Atlantic from
London to Ncw York in October 1900
Cliiiuiiiloiieil jiuipionN Cnune
Some of the passengers Mr Spon said
were talking of the war with Spain and
Mr Spon had remarked that he thought
it rather hard on the senior officers that
a junior officer should have been placed
in command of the fleet without having
done any particular sea service of late
years Admiral Howison appeared In time
nmti1 f romnrtrs rrpinlrlll tn I to OVCrhcar the remark
Schley He was examined by Mr He turned around said the witness
ner 1 took two or three quick steps to me
Mr rrost said that in July 1SDS he called abrLptlj and said I correct jou that is
on Admiral Howison then commandant not so lou men doni know what ou
of the Boston Yard and mentioned to him are talking about You don t know any
sometblng In a nevvbpaper about Admiral thing about the subject
Sampson having acted In a churlish man- 1 said Sir what we get is from the
Her toward Admiral Echlcy at Santiago newspapers and the Government report
Commodore Howison said that it was Some of the other gentlemen made some
to Sampson that belonged the credit of marks and Admiral Howison said
that victory at Santiago said the wit- Well u cant believe those ou cant
ness and he gave quite a description of trust them oi cant rely on them
the duties and responsibilities that were Admiral Howison also said that the Sec
upon Admiral Sampson and explained to Tttary of the Navy has the right to
me in what J eonsiureu a very interest- i win ajijii u iuminuim m wi
regarded as good news from Ihe newspa
per standpoint at the same lme Com
modore Howison had treated me veiy
nlcelv and I had no wish to get him Into
any trouble at all Then another reason
was that Commodore Howison had told
all the newspaper men long before that
ha did not like to lnvc his name In print
that he wished to be kept out of It as
much as possible
Solicitor Ilinna showed Mr rrost a copy
of the precept defining the scope of the
nni fn and when the wltnss had read
it Mr Hanna asked him to state whether
he had hcuid Hear Admiral llowlson ex
press himself at nnj time with respect
to anv of the speclllc points covered by
uiui paper
Mj scanning of that precept indicates
that the qutstlons relate to what h lp
pened off Santiago In the bittle or pre
ceding the battle the naval movements
iiu me witness commodore Howison
lid not to mv knowledge exi res an opin
ion regarding the precept therein men
tioned
Q You sav he did not express an
2 recarding thtse several items spe
clneallv enumerated and set forth there
A Regarding numbr 1 which reads
His conduct in connection with the
events of the Santiago campaign I
could not truthfull sav
The Judge Advocate Then do not
say it
A continuing That ho said anv thing
ulrtct criticism there except that Rear
Admiral Schley was- incompetent com
paredwith Sampson
Q You sa he ald he was Incompetent
as compared with Rear Admiral Samp
son
A Yes that Schley was incompetent
with Rear Admiral Sampson
W Then his statement was in a sense
a comparative one was it as between
these two officers
sir In many respects it was It
was a direct comparison offered between
them
Aside from that did it tak the form
Of a Criticism of Admlnl CM a rnn
duct ot the campaign directly aside from
contrasting It with that of nnono else
A 1 do not know that anv specific points
of Admiral Schleys conduct In or before
the battle of Santiago were mentioned by
Commodore Howison I could not say
Ihat thev were
Q 1 want to ask you one other question
Mr Frost Did jou understand Rear Ad
miral Howisons comments upon Samp
son s conduct and responsibilities and
management of the camoalirti to lie such
Admiral Sampson was the best man for
it and that Admiral Schley was under
him The remark had been made pri
that no matter what people said
It would always go down in history as
a fact that Admiral Schley was actually
In the fight and vvas In command
Admiral Schlej asked Mr Rayner
Admlrai3chlcj jes sir Commodore
then was In the fight and was
In command
Q Vi hat did Admiral Howison saj to
that Anj thing about Schley What did
I believe I said something to the he baj about Schley
A He made the remark that Admiral
Sampson was In command of the fleet and
that as he had planned all the maneuvres
he was entitled to all the credit and that
Admiral Schley was under him and he
said something to the effct that he was
not as good a man to command
Q What did he say about the
in the newspapers and what ought
to be done with Schley if anj thing
A Then after some other remarks he
stnnilfniT than Schlcv that i wound up this part of the conversation
inihr man and an officer I bv casing that anyhow with a wave
the hand and rather excited anyhow
Schley should have been court martialed
Ho was to blame He was the main one
to blame for all the controversy In the
newspapers At
O What wis Admiral Howisons man
ner whn h was talking about Schlc
What impression did he leave on you
from hs manner
A He gave me the Impression that ho
had overheard our conversation and that
his main object was to clear away from
our minds any prejudice against Admiral
Sampson and to belittle Admiral Shley
He spoke very vcrj abruptly
and as he broke Into our conversation he
left us with the impression that he was
biased in favor of Admiral
Sampson against Admiral Schlej One
of the gentlemen said to me afterward
when I went ojtslde didnt you
answer him If he talked to me like
that I should He wouldnt have talked
to me like that
Q How did vou com to be summoned
In this case Can you state to the Court
To whom did ou repeat this conversa
tion
A About three weeks ago I made a call
on a gentlemen and In the course of the
conversation this matter came ut 1 men
tioned the conversation on bonrel the Min
neapolis He asked permission to let him
write It out and send It to Admiral Schley
He wrote the next day after 1 saw him
Admiral wrote back and said he
would liko to have an affidavit on that
In the Ijitcrent of lnlr Ila
The third and last witness called to Im
peach Admiral Howisons ellglbllltj was
Foster Nichols of Yonkcrs N Y who
described himself as an associate editor
of an encjclopedla of biography He
htartcd off by sajing that he was an un
willing witness but In the Interest of fair
plaj he was happy to
Do not let that Intt rfere In the least
said Admiral Howison
Never mind the sentimental part re
market the Judge advocate and Admiral
Howison added Do not let the senti
mental iart Interfere in the least
During all tnis testimony Aunurai Howi
son had sat unmoved He looked btralght
ahead usually There was nothing in his
manner or appearance to denote that he
vvas perturbed or angry
Mr Nichols testimony was to tho ef
fect that he had called on Admiral Howi
son at the latters house In Yonkcrs late
In June or In Julj to obtain data
about the admiral for the encyclopedia
of biography and showed him a of
the first volume which contained a pic
ture of Admiral Schlej and when
this picture he made
some comments of an uncomplimentary
nature against Schley
The language 1 cannot remember said
the witness because I have endeavored
to get it out of my mind feeling that It
was language dropped In nn unguarded
moment and with probably undue heat
thoughtlessness etc so that 1 cannot re
member the language The substance of
It however was that Admiral Schlej hnd
been gulltj of disobedience of orders or
something to that effect That was the
Imprestlon left upon my mind I enquired
from the ndmlral how it could be that
Admiral Schley Bhould be continued In
the navy If he was guilty of disobedience
of orders what pulllatlon or excuse there
could be that would enable him to ro
taln his place with the HiB reply
as I remember It was that It was neces
sary for him to put Into port for coal
although sue ceodiag events showed that
coaling could be done at sea And fur
thermore In the course of the conversa
tion lie said that such acts as Admiral
Schley had been guilty of would In the
saiu in urging
THE TIMES WASHINGTON FRIDAY SEPTEMBER 13 1901
English navy have deprived him of his
position or something to that effect
Q Did he- say anything nbout sentiment
among naval officers In that conversation
A te sir As 1 remember It he said
In answer to some comments that I made
upon his remarks that 1 would not lie
t 1 - W If T In tmtiih n 1 1
ni tiiiiii il i vyiv it lUiiwi mm
naval officers as the sentiment of the
navy was quite general In opposition to
Admiral Schley
Q Now what was the admirals
bearing and manner when he vvas talk
ing to vou
A Weil it was such that it gave me
tho impression that Admiral Howison
vvas decidedly unfriendly to Admiral
Schley and that probably there had been
some rupture between them at some time
or another It seemed te me like a per
sonal matter and for that reason I
undertook to cast the thing out of my
mind and have partly succeeded in
doing so
The Judge advocate said he had no
questions to ask this witness and Mr
Rayner remarked That is all the tes
timony we have Turning to Admiral
Howison Admiral Dewey asked
Is there an thing jou wish to ask the
witness
NOi was the pmmpt response
o Testimony to Offer
The Judge advocate said he had no
testimony to offer and Mr Rajner ad
dressed the Court His voice was clear
and could be heard nearly all over the
big room although the wind from the
electric fans overhead did much to carry
the sound away Mr Itayner is a good
speaker and showd before the day was
over that he vvas a good lighter as well
He could have been heard better perhaps
If It were not for a habit of throwing
his head baek at times and sending his
voice toward the far away roof
He maintained that the testimony to
show that Admiral Howison was pre
judiced had gone In uncontrov cried Ad
miral Howison had not been examined
and had not asked any questions Ills
letter to Assistant Secretary Hackett
about the ttoston Record interview
had not even been produced Mr Ra
ner maintained that the testimony must
be taken as absolutely true as it had
not been impeached and Admiral How
ison had not made any denial He does
not deny the conversations although ot
course fall opportunity has been given
him to d j so Mr Ravher remarked
The judge advocate Interrupted Mr
Rancr to say that before he began to
speak It had been arranged that Admiral
Howison should make n smtement after
he had heard all that was to be said
In support of the challenge
This started the first legal tiff of the
day Mr Ravner with some hpit heci ed
to differ from Captain Lemly He main
tained that this was not the practice
neither in civil courts courts of enquiry
nor courts martial and objected to Admi
ral Howison making any statement Cap
tain Icmly said that the practice of naval
courts was that a member should have
the opportunity of making a statement
when he had heard all thit wns tn hn
challRntri ni nlnst him
Captain Lemlv was n snrnris ns n Iniivnr
J lie had not had any practice in courts
v t jema nu it was not expeciea
To whom did he credt due for
say was estcrday He To
ed to b quick alert
winnng the bcttlc of Santiago Iib I and SiPIU X n
legal points
After some further argument Mr
ner agreed to reserve his argument and
Admiral Dewey said that Admiral Howi
son would make his statement The Court
then took a recess while Admiral Howl
son retired to prepare what he had to say
In answer to the challenge
During the recess Admiral Dewey went
over and shook hands with Admiral
Schlej s counsel and with Admiral Schley
again Thev chatted a while
Admiral Schley took a walk around the
court room speaking to newspaper men
and others and looking happy and confi
dent He also shook hands with Admiral
Bennam If there Is anv in fiim
tween Admiral Schley and Admiral How
ison they did not show it toward each
other Later in the day they shook hands
and chatted pleasantly together for a few
minutes
Admiral llovriooufi Slntement
Whin Admiral Howison came back he
handed to Captain Lemly the following
statement which the latter read aloud
Mr President and Gentlemen In
to the objection to me as a mem
ber of the Court I submit a copy of
my personal letter to the Hon Frank
W Hackett which has been made
public by the Navy Department
Mr Frost I think Is answered in
the letter above referred to Mr
Spons statement Is one I cannot fath
er I positively do not remember his
face at all Mr Frosf s face Is familiar
although I have not seen him for two
J ears or more and Mr Spon by Ills
statement since last October
Mr Nichols did call at my house at
Yonkers on a very hot day on his own
business He would not take no ad
mittance for an atiswer and during
his stay he did discuss svith me sever
al naw matters among which was the
Sampson Schley much-talked-of affair
Our talk vvas short as I desired him
to Icavo me In peace
i aesire to that I am as jou
know hero to obej the orders of the
department to report to jou for duty
as a member of this Court It Is not
optional with me to obey or not obej
these orders commission requires
obedience
These orders were not sought by
me nor are thej agreeable ones but
I have been taught obeellence to all
lawful orders by mj long service In
the navj I do not propose to enter
into the subject of mj private discus
sions I do not wish to recall for tho
information of the public what has
been said to me by my1 acquaintances
In fact it would be a ellfflcult task to
perform Private utterances are not
long retained particularly when there
is no personal Interest In the matters
under discussion
1 slncerelj hope that during tho
examination of eligibility for
membership should there be any
doubtful points in the minds of un-objected-to
members of this Court
that all such points bo decided In
favor tff Admiral Schley who Is the
one most partlcularlj concerned In
the Investigation to follow I will
accept my detachment as I have my
orders for this duty as an officer
should
1 have no personal feelings and no
personal Interests in the matter to
come before the Court except the In
terests I have for the good of tho
serv ice
I have great faith In the Impar
tiality and Justice of naval officers
serving on courts and sincerely hope
that tne results finally attained may
be satisfactory to our navy and to our
countrj Respectfully
H L HOWISON U S N
Mr Raj ner then undertook the exami
nation of Admiral Howison upon his pre
pared statement This and his masterly
argument In support of the challenge
made by were the features of the
das proceedings He forced the ndmlral
somiwhat reluctantlj to admit that he
had itnld that the credit for the victory
of Sa itlago was due to Sampson tho ad
miral quallfjing it by the statement that
Samson was the commander-in-chief of
the North Atlantic Squadron
Mr Rajiicr then contended that Howl
sons mind was made up on a Im
portant point in the and that it
would force the applicant to assume the
burden of relieving his mind of a preju
dice and a prejudged condition They
would prove he said that Sampson was
not at the bittle of Sintiago and there
fore could not have been in command
He said he did not eriticize Admiral llow
lson for his opinions or for expre sslng
thm or for his preferences as cvrrjone
had a right to his own the question now
revolved upon his eligibility to nit ns n
member of the Court When he had con
cludes with his cxamlration and argu
ment there was not left one reason or
excuse why Howlsem should remain ns
a member of the Court and the announce
ment made by Admiral Dewe was no
surprise to those- who heard It
Mr Raner read a part of Admiral
Howisons statement relating to witness
Spon and asked
Now you mean by that do vou that
while jou do not recollect Mr Spon this
sttement recalls to your mind the Inci
dent to which he testified
A Not nt all I tried while ho was
sitting here to remember If I had ever
sien the man before and I positively can
not remi mber ever seeing him nor elo I
remember the occurrence of unj such cir
cumstance ns he sajs did take place at a
ceitaln place on board of the Minneapo
lis
On further questioning Admiral Howi
son said he did not remember the conver
sation referre d to or of making any such
remarks to nnone as were attilbuted
to him by Mr Spon But If some one
for lnntnnce Admiral Howjapn said
should come to me and lhat a cer
tain officer had done such hnd such a
thing lie would In my opinion under the
naval regulations be subject to court-martial
or discipline of some sort I would
not hesitate to saj that to jou at any
time or to anybody else
Admlrul Howison said he remembered
Mr Nichols visit but denied that he said i
lei Vlnlinlu flint Hisltl v linil nn Kitolnnoo
in the navy I never said an thing of
V1 replied Admiral Howison
rawtaken there He is mistaken
iii
Mr Raner quoted from Mr Nichols
testimony if he were In the English
navy he would have been put out for
ause than there Is in this case
rnat Is entirely a mistake Admiral
nnswered 1 never maae any
such remark as that In relation to Admiral
Schley
Mr Raj ner again quoting Nichols
t0 1 expressed surprise that he
us way toward acniey nu
he said You would not if jou were In
touch with the sentiments among naval
ofheers
Admiral Howison Well how In the
World COUld a slnnirpr tn mo inmf Into
my house on his own business get me
to speak in such a way as that unless it
was 1 l answer to some questions or un
less he misinterpreted my answer to
him I have not the slightest desire to
force m j self on this Court I do not
want to sit on it It is not agreeable
duty for me I haveno desire whatever
to do It and 1 bm not making any ex
cuses for myself or for any of my private
discussions witlf anyone outside 1 am
perfectly willing to get out as 1 say in
my letter
Mr Raj ner But are you willing to ask
the Court to relieve jou
Admiral Howison I cannot ask the
Court to relieve me because the have
got to do that Upon the merits of the
case
Mr Rayner Now vou say Just now
that jou have fn conversation substan
tially admitted that the credit of tho bat
tle of bantiago was due to the commander-in-chief
and If Sampson was the
commander-in-chief t
Admlral Howl6n Well If he were the
commander-in-chief
Mr Raj tier Now If that comes under
anj other specification of the precept if
that question is Incidentally or principally
or collaterally Involved have not jou
made up jour mind on a important
question that Is to come before jou now
Admiral Howison No sir
Mr Raj ner One minute If j ou please
It you have come to the conclusion that
Sampson was the commander-in-chief and
that the credit of the battle was due to
bampson have j ou not made up jour
mind on a question that is bound to como
before jou now as a judge of this tri
bunal
Admiral Howison No sir
Mr Rayner Then why not
Admiral Howison Because I do not care
what naval officer has been talking in
private where it is meaningless in more
senses than one Naval officers are taught
from jouth up that their oath of office Is
something different from other peoples
oaths and an officer can clear up his
mind I honestly believe and Judge from
the testimony that is given before him
without regard to what he may have
taken from newspaper reports or from
other reports that have gone before That
IS What I hplievo fiml elo t
mJn ettcr that personal letter
Mr Ravner But If jou have made up
VOUr mind unnlil ii nf
throw upon us a burden of relieving jour
mind If ou In conversation have come
to the conclusion that Admiral Sampson
won that battle as the
on that would jou not throw
upon our side the burden of proving to
jour satisfaction that jou were not right
that he was not the
I and that he did not win the battle
po jou not put on us the burden of prov
ing that fact
Admiral Howison If that question came
up at till It would have to be by evidence
to jou as well as to me
Mr Rayner Would we not have to
produce sufficient evidence to satisfy jou
that jou were wrong In the opinions jou
formed
Admiral Howison Why I think that
where a man Is kndwn to be tho commander-in-chief
If hp Is knniiT trt ha
commander-in-chief of a squadron there
must be something brought forward to
show he was not
Mr Itayner Then we would have to
bring forward proof which would satisfy
jou that he was not the commander-in-chief
on that
Admiral Howison I nm nnt trvlnir en
prove who was pnd who vvas not the
commander-in-chief
Just here ono of the most Interesting
features of the day occurred Judge Ad
vocate Lemly asked Mr Raj ner what
feature of the precept dealt with winning
the battle of Santiago and Mr
sald the paragraphs directing the Court
to examine Into all the circumstances
and to enquire Into Admiral Schleys con
duct In connection with the events of the
Santiago campaign
fow added Mr Rayner if the con
duct of Admiral Schley at the battle of
Santiago Is not an event in connection
with the Santiago campaign I would like
to know what Is
The judge advrfcate responded with
considerable emphasis The conduct of
Admiral Schley he said Is In question
not only at the battlcr of Santiago but In
the whole Santiago campaign but I may
as well say here Mr President and mem
bers of the Court that the question of Ad
miral Sampsons1 conduct upon those oc
casions Is not before this Court In any
way This Is noj a comparative question
as to whether some one did or did not
do better than Comm6dore Schley It Is
a question as to whether Commodore
did his whole dutj in the Santiago
campaign at the battle of Santiago
The general question as to whether some
other officer of the navy Is a better man
than Commodore or not so good a
a man Is not in waj neiore tni3
Court
Mr Raj ner In response showed that
part of Admiral Schlejs defence will be
that he and not Admiral Sampson was the
actual at Santiago
We Intend to prove he said that
Commodore Sampson was not at the bat
tle of Santiago at all and It becomes a
question of who was the commander-in-chief
at the Uittlo of Santiago If Ad
miral Sampson was not there then Ad
miral Schley was the
and If a Judge of this tribunal has aire idy
made up his mind that Admiral Sampson
as commander-in-chief won that battle
It becomes a very pertinent cnqulrj un
der the specification as to what was ll o
eonduct of Schlej during the Santiago
campaign Tint will be one of the ques
tions Involved here
Admiral Howison Well that is the gen
eral official understanding that he vvas
the commander-in-chief and the commander-in-chief
is ordered the Presi
dent of the United States through tho
Secretary of the Navy And If he vvas
there and did his duty then he would be
the commander-in-chief and should have
the credit
Mr Rajncr That is jour view then
admiral
Admiral Howison That is mj view of
the understanding throughout the country
and the service that tho man was appoint
ed as commander-in-chief there
Mr Raj ner Your view Is then that
he was officially the commander-in-chief
Admiral Howison Of the North Atlant
ic Squadron
Mr Raj ner In this letter jou use this
language It Is no news to the to
say that where all do their duty the first
honors for success go to the officer chief
In command
Admiral Howison That Is so
Mr Rajner I will ask you who was the
officer In chief command at Santiago
Admiral Howison It is generally under
stood that Admiral Sampson was
In response to further pressing by Mr
Rajner Admiral llowlson said that by
the officer In chief command ho meant
Admiral Sampson if he vvas there anil
vvas doing his duty If he vvas not there
he vvas not doing his dutj
This ended Admiral How isons exami
nation and Mr an argument
to show that Admiral Howisons mind
was in such a condition that the burden
of proof to lemove his prejudice was
placed on Admiral Schley He reviewed
the statements eif the three witnesses who
testified to having heard Admiral Howison
make remarks antagonistic to Admiral
Schley holding that they had no reason
to make such statements If they were not
true He maintained that the question
was whether Admiral Howison had in ide
up his mind that Admiral Sampson was
commandt at Santiago He said
that Admiral llowlson had nut denied
having made the statements attributed to
him by Mr Spon but hnd slid simply that
he didnt renurribtr making them and
that Admiral Howison did not say he de
nied the statements made bj Mr Nichols
There was a dispute between Admiral
Howison and Mr Rajner during the lit
ters argument about what the ndmlral had
said about ceiallng ships at sea Admiral
llowlson asserting that he ha J denied
reim inhering having saU that Schley
could have coaled his ships at ea and
Mr Rajner that ho did not reeolltet
any such denial Mr Rajner said he
would like to hae a statement from Ad
miral llowlson
The onlj thing I ask Is this respond
ed Admiral Howlj on if jou will Just get
through and let this Court go home 1 will
be verj much obliged to jou
Mr Raner promlsfd to finish In five
minutes He concluded by reading an ex
tract from a I iw volume to show that a
court In California held that where a
juror wants to how a defendant Is
Innocent he was not competent to serve
When Mr had concluded Ms
argument Admiral Dewey and Rear Ad
miral Benham retired to the consultation
room leaving Admiral Howison sitting
at the table In the court room They
wcro absent less than fifteen minutes
discussing the matter and reaching their
decision It Is understood that they were
In nccorel upon all tho points
brought out and agreed heartily that
their erstwhilo associate should be ex
cused trom service on the Court
Tee audience in the court room was
all expectancy when and Benham
returned although ever one in the room
fully expected the decision that was an
rounced Admiral Dewey rapped with
his gavel for order and then said
The Court has decided to sustain the
objections raised by the applicant and
Hear Admiral Howison will be excused
from serIceon the Court
Although llowlson sat immediately at
- - 10 IUV i llSIUIIIL V 111
Court snokf h nnninTitlii 111 nnt nn i
derstand hia decision aright He evident-
ly thought that he had been sustained j
antl Ills tuff VCaa liol ntlh Rm11rS
and he leaned back la his heavy arm
chair with a look of satisfaction It was
apparent to Admiral Dewey that Howison
had misunderstood him and turning to
Howison he Informed him that the de
cision hail been against him Instantly a
marked change came over the face of the
officer He leaned forward and his com
posure vanished It was only for a mo
ment however nnd then he recovered
himself
Admiral Schley advanced toward him
and the two officers Schlej nnd Howison
grasped hands and greeted each other
If there was any feeling of en
mity or embarrassment It was concealed
beneath a happy exterior
vv Ith Admirvl Howison excused from
service on the Court It only remained for
Admiral to declare an adjourn
ment which was taken Indefinitely
PROBING A WOMANS DEATH
Christ Inn Science Allej ed in lie Responsible-
for Her
At an inquest to be held tomorrow
morning at the Sixth precinct station
Coroner Nevltt and a Juiy will enquire
Into the death of Leila Belle Walker col
ored aged jears which oc
curred Wednesday night at her home G2
Fenton Street northeast Prior to her
death the woman was attended a mem
ber of the Firsi Church of Christ bet
ter known as a Christian Scientist and
not until a few hours before her demise
was a regular phjsician summoned to her
bedside An autopsj performed last night
at the morguev showed death resulted
from complications and it now remains
to be shown whether proper treatment
was accorded the woman while she was
jet alive
No certificate cf death was forthcom
ing as required by law tn the case and
the death of the woman was reporteel to
the Coroner yesterday morning by the po
lice Dr Nevltt was apprised that the
woman hatl been 111 two or three dajs jet
she had not been under medical care as
Is usual In such cases The Coroner at
once took steps to ascertain the facts and
notified Captain Boardman who set De
tectives Browne and Lacy to work on
the matter It was learned that the
dead woman according to her mother
Mrs Luclnda Robinson was a believer In
the faith of Christian Science although
not a member of that Church
It was stated also that a joung woman
who the police say Is Miss Emma Mln
kle of 1113 Ninth Street northwest and
who is said to be a student of the Chris
tian Science fulth as well as a member of
the First Church of Christ at the Scot
tish Rite Hall 1CW G Street northwest
had attended Mrs Walker on two oc
casions especial- on the day of her
death All reports seem to agree that
MisMlnkie was summoned to the bedside
of the dead woman solely In the capacity
of a believer or healer according to the
precepts of the faith she upholds As a
student of Christian Science then the po
Uc believe Miss Minkle visited the
Walker woman to give whatever aid
material or otherwise she might be able
to Impart
The first visit of Miss Minkle In the
present case seems to have been made
Tuesday when she called at the home of
Mrs Walker and remained some time It
Is represented that the patient was then
ill but grew somewhat better apparent
ly toward evening Wednesday morning
it tS SatU llSS linitie cuiieu Uaum at 1111
home of the woman wnose coneimon is
said to have been very serious On the
occasion of this second v Islt Mrs Robin-
son mother of Mrs Walker herself a
believer in the faith of science was told
by Miss Minkle that she had best follow
her own inclinations and call a phjsician
if she wished to do so Miss Minkie said
moreover mat her time vvas itmiteu ami
according she would have to give up
the case Before noon Miss Minkle left the
house It Is said and several hours later
William II Walker husband of the dead
woman went for a Dr Frank Johnson In
Northeast Washington Dr Johnson
visited the sick woman but could do
little for her and she died about 8 oclock
that night By order of the Coroner the
remains were rcmoveei xo me morgue
After the autopsy last night the body
was taken back to the home of the wo
man to be prepared for burial
Detectives Browne and Lacy worked all
on the case to have evi
dence brought before the Coroners jury
A summons was served on evcrjone con
nected with the case in any way to appear
at the Inquest tomorrow Mr Walker
when seen at his home by a reporter
said he was a man who had allowed his
wife to do much as she wished to in the
matter of Christian Science as in other
things He said his wife seemed to be
lieve In the faith as set forth the
Scientists and he did not interfere with
her until shortly before her death Then
he -ailed in a phj slclan to attend her
Miss Mary Minkle sister of Miss Emma
Minkle told a reporter at her home last
night that she together with Miss Emma
had been students of Christian Science
for nbout eight years Last winter said
Miss Minkle her sister Miss Emma vvas
called upon to visit Mrs Walker during
a temportry Illness from which ehe lat
ter seemetl to entirely recover Miss
Mary Minkie said her sister never went
to persons unless sent for and then only
In the line of her religious duty
THE ALEXANDKIA SCHOOLS
Itntiter f Tenelirrs Decided Upon for
Ilt KlmiliiK Iimtructlon Veil Week
ALEXANDRIA Va Sept 12 The
school board of Alexandria Countj met
today at the countj courthouse Those
present were James E Clements county
superintendent presiding and Harvey
Ballej A P Douglass and Dr Charles
B Munson trustees from Arlington dis
trict Ge orgc E Garrett and Charle3 P
It Ico of Jefferson district William X
Febrey of Washington district and the
countj treasurer W C Wirbirt and
George II Rucker clerk
The annual report of tho receipts and
exienditures of each district was sub
mitted found correct and accepted by
the board It was ordered that all the
accounts and recorels of the ellfferent
school districts of the county be turned
over to James Bane an expert account
ant for investigation and report the re
port to be published In a newspaper cir
culating In the county o Alexandria at
the same time that the report of the
board of supervisors of the countj shall
bo published
It was ordered that all of the public
schools of the countj be opened at 9
0 clock morning Septi mber 16
and to continue in session for nine con
secutive scholastic months Holidays were
granted as follows Thanksgiving Day
December 1Z until the morning of
1 next Gen Robert E
Gin George wnslitngton s uutnuay eiooit
Friday Easter Mondaj and tne 30th of
Maj Should of the above holidajs
fall on Saturdnj or Sundaj the follow
ing Mondaj Is to be observed as the holi
day It vvas further resolved that the
anniversary of the Minila vlctorj of Ad
miral Dewej Muv 1 be observed with
special exercises in the schools pertaining
to Americas patriots and to the victory
nt Manila
Teachers contracts wen given out and
th api ointment of the following teachrrs
for the next ensuing jear was combined
For Ballston School Prof A P U
Works prlnchml Miss Hannah Moore
assistnnt Glen Cnrlyn Miss B T Nevitt
Columbia Iror II C Petty Cnrne
School prof Samuel F Slalcuo princi
pal Miss Maud Virginia Dodd assistant
Mount Vernon Avenue School Miss M
1 Grlgg principal Miss Ella I Davis
first assistant and Mu s Margaret J
Bashford second assistant Hume School
Miss Abble Dlshman principal
Appointments for colored schools were
mado as follows For Kemper School
Summr Holmes Kosslj u School Miss
Ella M Boston Halls Hill School Mrs
Itobi rt i lilting Jefferson School Ed
ward C Hoffman principal Miss Ellen
Tmcil assistant Scott School W
Jnikson principal
The trustees reported to the superin
tendent tint all th school bulldngs dur
ing vacation had been renovated und re
pilred and were- now reidj for occupaucj
after wlii h the board adjourned subjtct
to enll ot tho superintendent
Votliinir better for than Uojat Head
aelic Tablc U doses 10c
KIMGS PALACE
Prep
etowfl
School
Four years High School Course prepare for
Freshman in Georgetown or any other Collesa
Special attention to Day Scholars Hours St5
a m to 3 p m
nd for catalogue 3 UU
Rev Jerome Daugherly S J
purcsmnNT
TAtM2IlS nUSXMZSS COIiLEGC
Loan and Trust Eaildlnc corner F and Dth
hstablishtnl 20 yrars
The principal was official court stfnoraphrt
also public accountant
COURSES Shorthand Tj pewrltinjj Bookkwp
Inr CiYil Service and all branches of Bumc3
Students in Shorthand mar take without etra
cost Bookkeeping and the BusIpc h and and Eng
lish Courses Practically private mitruUioni
Join at anr time Ae find positio for all
full course sraduatcs Daj and night session
Catalogue Call and see us
National University
Practical two- ear course leading to decree
of LL B Poat ftraduate course o one additional
j car leading to degree of LL M
31th annual opening of all elates October 1
1901 at 0 30 oclock p m Evening seistoos x
clusmlv
For Catalogue apply to FUCFNK D CIRDSI
Secretary and Treasurer Columbian Build in
BLISS ELECTRICAL SCHOOL
Pay and crmmj 4a i3 in theoretical and ip
plleil clertricitr ituKnt actually construct
djnjmot and other electrical apparatus
Courses thorouch enlarged and improved com
plete in one y ear
Open- pt ember 30 Catalogue on request
CU Twelfth st ni
SFIICT boarding ard day vthool for smill pirU
una iw Mieen ttuim rrcm ivmiunston i
C terms moderate references evehanzrd Ad-
drcss HOME gCIIOOL Hockville Md
NTHJ enm pupils in Pitman sJiorthand
Icvibns one hour wcm zj rents in nxat private
50 cents experienced tiatlier 107 I st nw
iUSS GhUTUriE IIUFS Muse Teacher 107
I fat nw piano le vscm one half hour each
25 cents -U-3
Cnpt Cnrl Iohlp to Urtlr
NHW YORIC Sept 12 Capt Carl Pohle
of the North German Llojil steamer
Latin which nrrtel this morninir from
Urtmen nnd Southampton is on his last
oiuge as a shipmaster On his return
to Urcrnen he will hie completed 177
round trans Atlantic ojflRcs a record of
1CU000 miles lie will retire from the
serv Ice
DIED
COOK On cdneilav September 11 lQoi at
12 40 p in nILUVM COOK beloved luJiud of
lice Cook ari wxij iour itars
1 uneul from hu late residence 112G Robinson
Street aouthvtt at 3 oclock p in
IIH D On Wednesday ptenrtxr 11 1501 at
3 p iiL after a lun and painful iUiicm HUSH
KOI w iirru iHoeii uuMunu i vnnic r
Rii d at hu re biduice HU Sixth Mreet nortli
eaU
luncral rndaj September 13 101 at 2 oclock
p m irom ute roiucnce
lteivtivp anu minus rcpcciiuuy invucu m
ttind
FLYNNS
ErlCATJOWL
rcs
uiSPARTME MT STORES
Spce
Closed all lay Saturday from 9
Open G to p ra
Green Ticket Sale
The mere mention of our regular Friday GRISEM TICKET
SALE is enough Its fam is widespread Birgiini or exceed
ing worth are to be offered today
Womens 1498
New Fall Suits
998
A handsome assortment ot Womens
Broadcloth Venetian and Pebble
Cheviot Suits In nil the new fall
shades and the newest and most fash
ionable effects They have tho new
jackets and are handsomely finished
some are brald trlmmed some trim
med with satin Suits Impossible to
duplicate elsewhere for less than H SS
Special 9 93
Fall Weight Jackets 298
An unusual Fall weight
Jackets which are already necessary
of black and tan all wool cloth and In
double breasted and Eton effects
the regular 15 values for K9S
4 and 5 Fall Skirts 298
Womens Oxford and Black Dress
nnd alklng Skirts all wool black and
blue cheviot cloths some trimmed new
panel effect with satin some flare and
flounce effects some with double ruf
fle flounce All perfect and desirable
sXralUe3 wortn up to Special
SI2 Silk Skirts 750
Lot of new Fall Skirts of fine taf
feta tucks all over have new flounce
effect Instead of 12 for r
S4 Reefers SI 98
Lot of S3 Childrens and Misses
Cloth Reefers In sailor collar and
automobile effects all colors Instead
of l for Jl 9S
S5 Silk Waists 348
The new and handsome taffeta silk
waists for fall at a special price the
newest shades and black some all
pver tucked some button trimmed
instead of 13 for J34S
Childs Felt Hats 36c
Th ntyllsh felt hats for children for
school and play wear soft round
crown trimmed with silk bands In
all colors C6o Instead of 39c
125 Felt Hats 88c
Womens new Felt Shortback Sailors
and other shapes In
hats polka dot trimmed elsewhere
being shown at M23 for SSc
I9c Taffeta Ribbon 10c
10000 yards cf desirable soft finish
metallic taffeta ribbon Si inches wide
and In all stylish plain and col
orsthe regular 13c grade for 10c
jard
Sateen Skirts 98c
Extra fine grade sateen skirts with
umbrella flounces having 4 inch pleat
ed ruffle around the bottoms braided
with fine cords in raye blue oxblood
lavender and cerise instead of 1133
for 9Sc
87c and 98c Wrappers 59c
23 dozen dark percale wrappers with
ruffles and bretelles over shoulders
braid trimmed fitted waist lining
flounce bottoms Ample width and
generously made Worth S7c and 9Sc
Green Ticket Price 59c
Notions at Special Prices
Kings Best Sewing Cotton in Black
ard White 2c
100 vard spools of Black Sewing Silk
2c
Darning Cotton In all colors 2c
Feather stitch Braid 2c
EDUCATIONAL
Georg
1 Q for 39c Muslin
1
-7 Undergarments
Muslin underwear which everywhere
sells up to 59c will go at 19e tomor
row The great lot consists of draw
ers corset covers chllds drawers
chemise etc Corset covers are made
Trench effect of cambric with lace and
embroidery trimming Drawers have
wide umbrella flounces Chemise are
full antf with ruffle choice 19c
Domet Skirts 19c
23 dozen Donjet underskirts with
colored borders extra wide and full
19c Instead of 29c
29c Window Shades 19c
Opaque Window Shades In all col
ors with the new patent roller fix
tures complete worth 29c Green Tick
et price 19c
10c Stair Oilcloth 5c
All colors In Stair Oilcloths IS and
16 Inches wide worth 10c Green
Ticket price 5c
I9c Table Oilcloth 12
A large variety of patterns In Table
Oilcloth 50 Inches wide worth 19c
Green Ticket price 12 l 2c
75c Blankets 59c
Good quality Fleece Blankets 11
quarter size worth 73c Green Ticket
price 2c i
Extra heavy Wool Blankets with
wide colored borders 12 quarter slxe
worth Greet Ticket price Jl O
I5c Childrens Hose 8c
One case of childrens seamless fast
black ribbed hose double knee spliced
heel nnd toe Worth 15c Green Tick
et Price Sc
29c Lisle Hose 1 9c
Tine vnlue In droo stlteh fast htaek
lisle hose spliced heel and toe Worth
iac ureen iicKet nice mc
I0c Domestics 6c
Soft finished cambric 36 Inches wide
Worth 10c Green Ticket Price 6Tic
10c Flanuelettc 6gc
A fine selection In striped figured
and dotted Merrlmac flannelette good
heavy fleece Worth 10c Green Ticket
Price 6sc
39c and 50c Table Linen 19c
Turkey Bed Table Linen In short
lengths 5S and CO Inch widths cut
from the piece Worth C9c and 50c
Green Ticket price 19c per j ard
I8c 15c and I2c Towels 7c
Inusunl values In a lot of slightly
soiled Damask Towels with colored
borders and fringe al3o Linen Huck
Towels vvlth colored borders measure
40xlS Inches Worth 12i4c 13c and
prtc
some lSc Green Ticket T4c
23c Blue Enameled Belt Pins
10c
BUSINESS COLLEGE
EIGHTH D K STS
Established 137L Div or Vjh
Stssan 25 a j car Buatncsa Shorthand Trpe
vtntins
St Johns College
YFRMOST WE WD THOMIS CHICLE -A
Select Day School for Younjr Men and Boys
English Science and Business Courses
Apply lor Catalosue to BHOIUER ABDAS
President
ST MARYS ACADEMY
Alexandria Va
Bearding and Hay School for Touns Ladles and
Children The 32il year begins Tuesday Sept 3
Terras moderate For catalogue address SISTER
SCPEHIOIt
DR E S KIMBALL
Teacher of Slnimr
ilRS GOODHUE ASSISTANT
Studios 923 F Street third floor Twenty
pupils of the past season sign as principals for
with the Botonfcuwf Lulu Closer Com
pany Runaway Girl Ftaucw AWtson Fosy QuIU
er Horodora aod other companies
1C05 I st nw formerly 1100 O st nw youns
ladr expencnevd teacher receives adults oj
children as student in arithmetic and Lnlish
also gives practice m the art of conversion and
direction for peneral culture Hour for inter
views 3 to 5 ami 7 to 9 cl0 3
SUNT CECIL VS ACVDEMV G01 East Capitol
St toirdinj and cay school for girls and joun
Iidies primary commercial and colleze pre
paratory courses music and art classes resjmeJ
llcnday September 13 1901 for further particu
lars addrebs SISTER iL AUGUSTA Superio
ROCKVILLE MARYLAND
Academy for boys Home life and Individual
futruttiou Terms moderate Address
V P M VSOV U S N A
SlCCIAL MJTICES
L ITG s lUIVTEH K OF L SPEC L
meeting of this Awembly will b hold Fridar
eemoJ at S oclock Important business By
order of CEOKGK S1EBKV
Master Workman
IHIa 15 TO NOTIFY THE PUBLIC Til VT I
IU not be responsible for anr debts or obli
gations contracted b Mrs Eluabrth Hewins ia
my nanw or as mj wife JOHN HEuIXs
September 10
LUGAL OTlCES
IV THE SUPREME COURT OF TnE DISTRICT
OF COLLMIU THE FIFTH DVY OF SEP
TEMBER 11a1 UU G TLLU vs U1L
LIM E TLER o M37 Equity Iociel
No CO
On motion of the plaintiff bj Campbell Car
nigton and Samuel I Truitt her bolicitors it
Is ordered that the defendant William E Tvlcr
cauc his appedrance to be entered herein on oi
before the fit t rule daj occurring forty iUy
afUr thi ildy otherwise the cause will be pro
ceeded with as In ca2 of default
The object of this suit i fr absolute divorci
on the grounds of habitual drunkenness anc
crueltv Provided a copy of this order be pub
lished once each week lor three successive weelo
in the ttufhwsrton Law Reporter and Th
aihinfiton Times
Ily the Cuurt
fetal T II ANDERSON Justice etc
True Copy Test
J R OUNO Clerk etc
U JL V CLANCY Asst Clerk
av it srnvnn
Iuilcrtnker and Embalmcr
MO F St X V
lstrietly first class on the most rea
scrable lerrhiC
Telephone call Slain 340
0 WTXTaTAM LEE
Cutler faker and Livery
KZ Pain Ave X A Washington IK
J

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