Page:The Green Bag (1889–1914), Volume 14.pdf/146

 A Legal View of the Schley Inquiry. The question of admitting Admiral Sampson the introduction or continuance of such evi was not permitted to be argued by any side, dence. The inquiry was conducted as if and the questions of command and credit before the end of the testimony the question were excluded simply by the exclusion of was expected to be argued as to whether evidence leading to them. These exclusions command was one of the issues before the were made in the exercise of the military court, with a view to the introduction or

HON. ISIDOR RAYNER.

power of control granted to the court. Some evidence bearing upon command was given incidentally, but the court exercised its dis cretion by refusing to hear evidence which evidently introduced those matters, and even when facts tending toward them appeared in' the testimony of a witness called by the Judge Advocate, the president of the court resisted

final exclusion of evidence as bearing upon it; but it was not argued. Some of the arguments for admitting Ad miral Sampson are presented below and indicate some of the difficulties which the court avoided. The review of the history of the question of command and credit by the President of the United States on the appeal,