The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-19
schley Asks to Answer Simpsons
Protest Which Is to Be
Filed Friday
LONG SAYS HE'LL RECEIVE IT WRITTEN
SchIey's Bill Declares That the Majority Opn-
ion and Report Of Facts Are in Con-
nict With the Overwhelming
Weight Of Evidence.
(By the Associated Press.)


Washington, Dec 13--Admiral Schley,
through mis- counsel today filed with the
Secretary of the Navy the bill Of excep-
tions to the majority findings of the
court of inquiry, and also a letter ask
ing to be allowed to be heard lin connec-
tion with the objections to be filed by
attorneys for Admiral Sampson to the
individual opinion of Admiral Dewey.
This action was taken after Mr.. Rayner,
Mr.. league and Captain Parker of coun-
sci. had held a consultation throughout
the day with their client.
Secretary Long, almost Immediately.
after the receipt of the communications
called Judge Advocate Lemly and the.
solicitor for the department, Mr.. Hanna,
into conference. At is conclusion the
Secretary said that he had no statement
to make regarding any action that he
might take in the premises. He how
ever, indicated to Mr.. league, through
the judge advocate, that he would not
hear an oral argument by Mr.. Rayner
regarding Admiral SIMPSONS protest,
but that he would receive written
statement
1t was expected that counsel for Ad-
miral Sampson would file their objec-
tions to the findings of Admiral Dewey
in the case today, but it is now stated
that such objections may not be offered
before Friday.
The bill of exception objects to the. ap-
proval of the findings of the court <npon
the ground that the opinion rendered and
the report of facts made by the majority
of the court are in conflict with the over.
whelming weight of evidence, and that
the majority Of the court in their said
opinion have ignored the testimony of
the applicant and of the whole of the
applicants witnesses, and all that por-
tion of the evidence given by witnesses
for the Government, which was favorable
to the applicant, and have thus deprived
him of rights guaranteed to him by the
laws of the land and the Constitution
of the United States" The bill assigns
the following grounds in support of the
objection:
/. The majority of the court have
given their opinion that Commodore
Schley should have proceeded with the
utmost dispatch off Cienfuegos when
there was no specification covering this
subject, and when the applicant did not
have sufficient opportunity to bring in
proper and convincing evidence in refer
ence thereto, and when the only evidence
taken by the court on this subject was
directly contrary to the opinion rem
dered
2. The majority of the court have held.
that the applicant should have endeav-
ored to open communication with the in
surgents at the place designated in the
memorandum by Commander McCalla,
delivered to him on the morning of the
2Srd of May, 1898, when, in fact, there
was no place mentioned in said memoir
andum as being place at which a camp
of insurgents was located.
g. The majority of the court have ar
rived at the opinion stated in the fore
going paragraph without regard to the
fact. which was proven by an over
whelming weight of testimony, that the
said McCalla memorandum was sent to
Commodore Schley only for use in con-
nection with the information it contained
relative to certain batteries at or being
constructed in the vicinity of the en-
trance to the harbor of Cienfuegos as
is attested by order No. 6. dated May 10.
1898, and sent to Commodore Schley by
Admiral Sampson.
A. Dhe majority of the court in the
opinion rendered hold that Commodore
Schley should have maintained close
blockade off Cienfuegos, when by over
whelming testimony it was proven that
close and effective blockade of that
port was maintained, the judge advocate
having substantially abandoned any
charge to the contrary
5. The majority of the court, in the
opinion rendered have entirely ignored
the uncontradicted testimony proving
that the British steamer Adula was per-
mitted to go into the harbor of Cienfue-
gos in order that information might be
obtained through her as to whether the
Spanish feet was then in that port, it
having been clearly established that the
captain of the said British steamer Adula
promised and agreed before permission
was given him to enter the port that he
would bring his ship out in fewer than