Show V 0 1 A sr t 1 P 1 t Ld 1 1 0 tAt 1100 J d O 54 tA f 0 s 0 0 0 r 00 P 40 0 f 0 mt i t s H S i t N ni 1 V 01 t t ht I POA s H 1 4 1 j 10 m ti 1 i t I 1 OO 1 1 r AA vv 0 0 h 0 0 0 VI A T f ITT rp n jf m win winf ITS FUNCTIONS PERSONNEL ft It ItI h I lJ HLEY 1 lJ OF ur INQUIRY AND SOME HISTORIC CASES If t to toI fi 0 t 1 t 1 P di t EdiO t t H 1 1 H I it i 1 t HH r H 0 HH H 1 t t It tit it t tA TIA J h v I t t h t i j t t ti 6 O i A A 6 6 A 6 AlAA t d AGO O V 0 U Y i t fc Ai i e 00 0 9 0 1 6 0 0 4 t t I I Y widespread Interest t at ot ati RILE MILE to the court of ot Inquiry i caches the WHILE month for next of Rear Admiral Schley s non about Santiago It follow ollow loll ow that all 1 Dot ot inquiry MM imi lake of this Im lm lmar 1 ar of Sen corn attract more than that j a or There may mar have been f Investigations of ot halt hl a dozen t every year ear the Mister n sr aha a tor b statute In Int t tP yf pm I K It Is the customary to form Im J hi invoked by hy an officer of ot ofIr otel oft Ir i or navy When he Imagines el t Dy needs clearing and also ti JI follows litter after after any great disa the sinking ot of a shIp ot of i ph as er I Went resulting In loss los of ot or an nt property 7 of or government I iiI or nr somewhat pardonable con cony i n Pete u II a n between the tho terms court courtS courtr r S misting tre anti in court martial martini but there d q In mind pone none Ir If It but bo he horne burnt red p e lot loti the tho he f r must precede the of tW Is Ir i Inc n merely to establish grad basis of ot seta aeU or to 10 be 1 1 used usell as os a n h 11 the court martial Is to toAs toI upon As M Is generally known a 1 I of ot U Is a n tribunal composed loot r naul officers appointed for tor forI or tary trial I of or all ail Red ged ed offenders The ob oh ohan of ot In ins and aed an Mm on of ot the court ct K the facts fact In com corn ware to asu Are s Tied cases for tor tho the In Inauen I n or auen alfen lien of superior authority l and It ItI I bR for tor the purpose of ot es rt rL r or criminality proceeding to trial by byH b bm preliminary I H martinI to clear up matters mn Hers of ot otI m au JM I welfare or to exculpate believing themselves aggrieved i J It records sifts and meth case calC h ICY I 2 tea i J the Information obtained and ond l e F It t L 1 U f CAPT vr JAMES PARKER PARR I k COUNSEL toa Ui its report determines whether or orI W cat I further action Is necessary This Is ti tie given ghen by a 11 great greot 1 on military and naval tot trl la Is the Schley case the matter try tar be so 80 thoroughly ventilated as to tM td no action either by the pc pe or the secretary of ot the tho navy nav ad IC at tt all events It Is Intended to es the responsIbility for tor Important it t iU M cs during dUIn the Santiago blockade In bib the American people are aro Wy 1111 I Ir Interested Interest td Acourt A court rf of It Inquiry however Is con conna cont na t tined td 4 by bl the h same authority as a gen pen penin genI in cal I r urn JUrt martial either cither by b order of e of ot the United States the wary of ot war sear or the commander In 1 ctt tl tI of ot a fleet Je t or squadron No one oneIe ii i Ie Is b authorized d to order either cither court ulof IJ of the three so authorized the com corn tuder er In thief chief of ot a 0 Is do der doli li d of or this authority In the waters II t tl the United States The functions of or HOUrt of Inquiry have hae been compared compo red to tI those thole of or a 11 grand Jury and conse Its Id members are ore as 9 a n rule dis to 10 sit either as fIB judge jud c or Ju 1 In any an court martial which may t It may have been owing to the lit fit that no nn n i t curt urt martial can follow foil 01 Inquiry that Judge Advocate Gen Wl sal t ml of or the navy was appointed Ir b x l t M OJ judge advocate In this In lu j ac for even cun If It the decision reached I ld be adverse to tear Hear Admiral S hey Jer he lie cannot ran not It is said RaM be tried In Inn n martial in hi consequence of at a n pro J talon a of or the h leg Of ot war which pro L JU it nt for tor offenses offerees of ot the 1 to have hae been committed cn mn than tv I two o years ars before the Issuing tt tie the ord r f T I r trial trio It has hos been pro d that th tb party whose conduct Is k of or Inquiry and ond his counsel ou H haws have the Ih right to be present In Iny y mart rt hc h r It may moy be ho convened nt w t own nin n r ru u it sl or unsolicited by b the Ibe ary f the he navy na lie He and hH hie hi hit cesel t 1 hiv hay the right to challenge all nil rl 1 b address the court and ond to toM aces M O witnesses but with the rt d per or f s h ht he has nothing whatever to h f h e his hta presence Is ls n not t obliga ir t i jr by It Ik It Pa re regarded as os customary and for him to 10 0 attend 01 I In propria t 1 On ono ewes even though he be represented 11 t Availing himself Hid t bli to summon any wit writ tests tIU M it tie desirable Schley Behle bar tut 74 au ruse e thin n to 10 assemble from all nil 11 ita of the Hie world orld Naturally Natural this will hrs tt th ha expenditure r of large larse sums lum for f rs A It la Is t N II Ia b 1 expressly sly stat statute cannot Inflict punish sari urn ill by b the authority i CoT d 1 them Ih m to convene Nel si t r III rn hit the rho tit h 11 y exceed cf the th scope bT Scorn from the tho secre or of at r fr or r nav na navy In this Instance n I r f a ah d 5 that hat Secretary S Longs aa fr remarkably minute Li 1 ct to 10 restrict the thelo theT T lo 10 ln In hand rt Is to 10 report the Ih facts In the Ille car care but within the scope of ot this term is eluded not only the testimony taken hut but result and ond conclusion of ot the court from hearing the evidence The proceedings of ot tho the court are arc authenticated by the signa signatures signatures tures turcs of ot the president and judge advocate cute cate and In all eases cases not capital nor extending to the dismissal of ot a commis commissioned sloped or 01 warrant may ay r ba ho evi ovi evidence dence before a u court court martial martial provided oral Olal testimony cannot be Ie u As Aa to the personnel of ot tho the court of ot In Inquiry query it Is explicitly explicit stated d by b the statute that It shall Rhall consist of ot not more than thon three commissioned officers nn as members and a Judge advocate or p II per person r ron son on officiating as such The definition of ot judge advocate la 10 a per person person son appointed to act as prosecutor at a acourt acourt acourt court martial martini or court of ot Inquiry us liS the representative of ot the government as 09 the responsible adviser of ot the court and ond also to a I certain extent us liS counsel of ot tho the accused when ho lie has no other counsel Although fie he h la is II generally a commissioned cr of ot the army or nay navy civilians are really eligible and at ot atone otone atone one time lime were appointed but bUI of ot late Inte objections hiring having been hron made the cus custom custom tom lour of ot appointing civilians ha ho has become obsolete The emoluments of ot the office olice were ere nt at one time RO so considerable as os to cause It to bo be greatly sought but hut at present the th sum lum paid to the Judge advocate talc cate Is la restricted to a D moderate com con regulated r by lIy law i Acting as he does In the tho threefold Ca Capacity ca capacity of ot representative of or the tho govern goern government ment meat legal Igal adviser of or the court record recorder I er cr of ot the proceedings and sometimes ns as counsel for tor the accused It Il Is essential that the Judge advocate should po sess sessa a grasp of ot the fundamental principles of ot law low and ond a 1 special knowledge of ot the till practices of courts martial and courts I of ot Inquiry He lie must be tho the upright Judge the unbiased prosecutor and the law Iw clerk nil all rolled Into one Olle At the same time lie he Ie may be a II warm friend of ot the man accused and yet et must act Ju Judiciously I and to the tho best of ot his Jung meat ment without fear tear or favor avor The requisites requisite for tor a n successful Judge advocate adlor te tedo do not lIot reside In ht every ery man and this may explain why wh It Is that comparatively lively few tew have tue sat nat at a n as such euch and that lh t those few are generally lu request It Is not held leM to be necessary that ei M either elIher they ther the tho judge jul Ct advocate or his brother I officials should be of ot senior rank or age oge I Ito to the per por person on brought broucht before the court only their qualifications qualification for tor the position position position tion being taken Into consideration I In the Schley Heide case cAle the Judge advocate general ral of the tho navy Captain Samuel C C I Lemly Iem ha hiss been b en appointed as liS Judge judg ad all allOCAte ocate Only one similar Instance has hB occurred before and that wa was In the I Inquiry Inlo into the Baltimore Incident In I Chile when two sailors were killed and some 36 wounded by IJ a n mob at Valparaiso so a dozen years yearn ago A coincidence In Inthis Inthis inthis this connection conn Is that as Schley was then th n commander of ot the cruiser Daddy Balti Baltimore more and appeared before that court this will b be hits his second advent adent In a n court presided over by tho the Judge ad od advocate advocate general of ot the United States Stales navy It may Inal also be mentioned In passing that his second appear appearance appearance ance at an Important court of ot In Inquiry Inquiry inquiry was sous on the lute occasion of ot the tho one which was held to determine responsibility responsibility forthe for lor the disasters or of the Greedy Greel expedition It will be bt remembered l that Schley gallantly rescued the thc Greely sur survivors ours In June JUM He lIe succeeded aft att after atter er or two expeditions hint had failed and snatching the starving men from the Jaws of or death cI brought brought them In safety tp lb their homes homel Of ot thu the titles Judge ad nd advocate and Judge advocate general the tatter latt r designation Is attached to two of ot flees ilces one olle In the tho war department and the other In the navy department The Juge advocate general of ot the war wor de der department line has the rank raul of or a 0 brigadier general mid and Is chief of ot the thu bureau of or military Justice ju of or the army the Judge advocate general of ot the navy MY depart department ment performs a similar duty duly and ond has line the tank rank of ot n a colonel of ot marines or of ot n a 1 aREAR REAR REAP ADMIRAL SCHLEP sCHLEY y t r rI l I p pr 1 r i St d i 1 1 I I V v v v v v v v Y v Y T T T y r martial trying Commander Com nonder E i H n Mul Ian Inn for tor the loss of ot the tho Ashuelot July 1853 Lemly was again detailed for tor duty In the of ot the judge advocate gen geu general oral eral at ot Washington where whore he ho remained until March ISSI When he was detach detached ed ell and ordered to the Thetis of ot the tho Greely Greel relief relict expedition from that memorable le voyage six months later he was again detailed for lor duty In the from Irom which he had been temporarily detached remaining there until February uarY 1856 when after acter n 1 month on the he was or ordered ordered dered tiered to Yokohama as nil jUlIe judge advocate Of ot a general court martial Ordered to the Trenton In May Ma of ot the llie next year and subsequently to thu the Enterprise he completed u a three years cruise In la tho the latter slip ship returning ret to the United Status Slides at ot ltd its termination and to his old position In lu the judge advocate generals where he has boon been ever Mince lu In luthe Inthe luthe the absence of ot Captain Herney whom h he succeeded In 1592 18 2 Leanly Lemly Lem frequently acted In fn the capacity of ot judge advocate general and has hus practically held the of ot lice Jlee for tor the past 11 years yeats That Captain Lemly Is peculiarly well fitted for tor the tho high position he occupies IM 18 evidenced from the fact of ot his being now In Ills lils third term ns as judge advocate advocate cate onlo general He lIe line has a sustained lIu ropy rep reputation as a civil no nil well ell ns as a maritime lawyer and Is an on acknowledged expert expel I practical experience as us to the du thu duties ties of or seamanship naval tactics and gunnery Combining within himself the qualifications of ot judge as os well us law lawyer lawyer yer er ho will have hac occasion oc oslon lon to draw upon all nil his resources In the coming contest of ot legal wits That he will be able oble to 1 1 i i I M E ADVOCATE GENERAL ri N I sI sIv v 4 r l REAR ADMIRAL AEK AE K J y v J ADMIRAL 7 T DEWY DEWEY H captain of ot the line While the tho office once of at judge c advocate general was Vas established In the army In 1797 nn It was not established established In the tho navy until long foug afterward The Tho position was Will authoritatively fixed by congress In 1866 and the first ap op appointee appointee was a civilian lion Iron John A Holies Bollos of ot Massachusetts who held the theoffice once office until his death In ISS 1878 He Ire was succeeded by Captain William H II He lle Homey mey who was the first Jut appointee with the rank of ot colonel and ond held the post for 14 ii years ears when he was succeeded by Lieutenant now Captain Samuel C Lemly Leml the present Incumbent Captain Lemly I entered the Naval academy from North Carolina lu In and saw caw Fa I active service In the north Atlantic south Atlantic and European I squadrons besides doing special duty dUly on the Greely Grely relief relict expedition under Schley who Is soon foon to appear before the tho court over which his Ile former lieu lieutenant lieutenant i tenant Is III to 10 preside In his hili legal ca capacity capacity ns as acting judge advocate general I he had already appeared In many I courts martial three thre of ot which at least I were considered as ns very Important in viz that thai of ot Paymaster Watkins tried on the Asiatic station for tor or Unlawful expendi expenditure ture lure of ot public money mone that of ot Surgeon General Wales Willes for tor Inefficiency and that of Paymaster General Smith for crim criminal inal Inai neglect of ot duty In September SS he was appointed Judge advocate of the famous court which Inquired Into the lots loss of ot the arctic exploring ex expedition ex expedition steamer the Jeannette and the thc death of ot her commander Lieutenant I G 0 W De Do Long lAng and his subordinates In March of at the thc following year he was detached and sent leut to as I judge advocate of at the general court acquit himself with dignity and ont ability Is M predicted by b his friends who recall for instance the masterly manner In which he ho foiled tolled so great grent a n legal lumi luminary nary ns as Joseph H n Choate now our em to Great Britain when he was wasa wasn a n witness In the McCalla court of ot In Inquiry InQuiry Inquiry a n few years ears ago ogo Of Ot the president of ot the Schley court courtot of ot Inquiry It Is not nol necessary to more than mention the name for Admiral Deweys I ewes deeds are arc still fresh tresh In the memory of ot his countrymen and his hla qualifications for tor the tho position ore are un undoubted doubted doubled lIe Ho will preside over oer the tho th court and und conjointly with thin nIl Judge advocate authenticate Its proceedings proceeding by b affixing al his signature The president presIdent dent of ot the court must of ot course be a aman 1 aman I man Inon gf of t probity and but parts need not 1 necessarily bo ba deeply dec lf versed In legal lore loreThe R t loreThe The second member of ot the lie court ourt nom Dom nominated DomInated mated by the secretary of ot the navy nay Hear Admiral Andrew 1 Kenne |