Shenandoah Case

The Naval Court inquiring into the causes for the loss of the Shenandoah finished taking testimony several weeks ago, except for testimony as to the strength of the structure of the dirigible. A recess had been taken to last week to allow scientific tests to be made--but by last week a new angle of the inquiry had developed.

Mrs. Zachary Lansdowne, widow of the Commander of the Shenandoah, had testified before the Mitchell court martial (TIME, Nov. 23) that Captain Paul Foley, U. S. N., Judge Advocate of the Court of Inquiry, had tried to influence the testimony she gave before that body. So the Court of Inquiry on reassembling made Captain Foley a defendant, and its new Judge Advocate, Major Leonard, U. S. M. C., summoned Mrs. Lansdowne and others as witnesses.

Mrs. Lansdowne came before the court with a lawyer, Joseph Davies of Wisconsin, onetime (1915-16) Chairman of the Federal Trade Commission. He insisted on making a statement for his client. The Court frowned upon him and ordered his silence. Witnesses were not entitled to counsel. Mr. Davies insisted. Rear Admiral Jones ordered a stalwart marine to take him from the room. Mrs. Lansdowne began by refusing to testify, but when questions were asked her, she began to talk and ended by testifying for three hours. She said Captain Foley had called upon her two days before her previous appearance before the court. She maintained that by his manner he had tried to intimidate her, that he had told her she must not say the fatal flight of the Shenandoah was political; she declared she believed that the Navy had set out to whitewash the Shenandoah accident. The day after Captain Foley's visit he had sent her a paper containing a suggested statement for her to make to the court. This "twisted the facts," she said; she took exception to one part which said: "My husband regarded the Shenandoah as a manofwar. He was ready at all times to take the ship out for military maneuvers, but was opposed to using her for nonmilitary duty." She especially objected to the statement that "he was ready at all times to take the ship out for military maneuvers."

Her uncle and aunt, with whom she was at the time of Captain Foley's call, testified that they got the impression that Captain Foley was trying to intimidate her, and that Secretary Wilbur had sent Captain Foley to try to get her to testify as he wished.

The wives of four other Naval officers were called, who testified in general that they had heard Mrs. Lansdowne deny that she had any criticism to make of the Navy Department. Mrs. Steele, who handed Mrs. Lansdowne the statement from Captain Foley, said that she had made it clear that the statement was just a suggestion to make it easier for her to testify, to be used or not used as she pleased. She said Mrs. Lansdowne kissed and thanked her when she left.

At last Captain Foley was called to the witness stand. He said he had called on Mrs. Lansdowne, without any instructions or suggestions from his superiors, as part of his duty as Judge Advocate to question witnesses before they appeared before the court. He denied having told her that she must not say the fatal flight was political, although he advised her not to. He said that from what she told him he found her inclined to make statements of facts of which she could not have certain knowledge and which were contrary to other evidence given before the Court. If she made those statements to the Court, it would not be necessary to question and seem to try to put her in the wrong. Next day, from memoranda as to what Mrs. Lansdowne wished to say, he had prepared a suggested statement for her confined to facts within Mrs. Lansdowne's knowledge, so that it would not be necessary to question her. Said Captain Foley, "My concern was for the widow of the man I had taught at the Naval Academy. I was most anxious to have her appear in a dignified position before the Court."

"Did you anticipate she would be a difficult witness?" he was asked.

"Only in the sense of being difficult for me. It would not be a pleasant duty for me as Judge Advocate to break down the testimony of the widow of a gallant brother officer who had died in line of duty."

"Why were you so concerned?"

"Had I known Mrs. Lansdowne then as I now do, I would not have bothered."

Next day the court came to a decision. Admiral Jones read a statement discharging Captain Foley and exonerating him of endeavor to cause false testimony or to influence a witness improperly or of improper or unethical conduct, and declaring that his visit to Mrs. Lansdowne was "an obligation imposed by lawful regulations."

That matter having been disposed of, Major Leonard proceeded to call the witnesses who had testified concerning the Shenandoah before the Mitchell court martial.