The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-21
THIS is The CLAIM MADE
First Report Declared Unanimous BE
port of Court.
LONG WILL TAKE SOME ACTON TODAY
He lnIimaies That so Far as the Department is
Conserved the Entire Schley, Samp-
son Controversy Will be Then
. Disposed Of.
(By the Assocated Press

tby the ASSOCIATED FreSS.)
Washington, Dec. 20.-Judge Advocate
Lemly and Solicitor Hanna, today, sub
mitted to Secretary Long their report upon
the bill Of objections filed by Admiral
Schley, through his counsel, to the find
ing of the Schley Court of Inquiry. In
substance this report is an argument
supplementary to the argument made b.
the writer's before the Court of Inquiry.
The principal points are an insistence
upon their contention that the first re-
port is the unanimous report of the
Court of Inquiry; that the court was
justified in rejecting Admiral Schleys
evidence by the number of witnesses who
took issue with him and that there is not
sufficient reason for re-opening of the
case as requested by Admiral Schley. II
adopted, the report will be forwarded TO
Admiral Schley
The report, as appears from it's testi-
mony, is solely that of Judge Advocate
Lemly and Solicitor Hanna, and as such
1t was laid before Secretary Long. The
Secretary stated that he would not act
III On the report today. He aided that ne
would withhold action today on the other
matters pending connected with this is
sue namely Admiral Simpsons appeal
Admiral Schley's request to be allowed
TO be heard by argument on the appeal
and the findings Of the Court of Inqul Y
itself. There was an intimation, how
ever, that all of these matters would
receive attention tomorrow and would be
finally disposed ofsas far as the depart
ment is concerned. The report is Is
follows:
December Goth, 1901.
Sir:--The communication, dated the 18th
instant signed by Rear Admiral w. S.
Schley and Isidor Rayner, and James
Parker, his counsel, objecting to the q y
rrovai of the findings of the Court of
Inquiry in the case Of Rear Admiral
Schley and asking particularly that what
the signerS are pleased to term THE
opinion of the majority of the court, he
RENTED to the court for further consid-
Grafton, has been received by the depart
ment's reference and is returned with the
following statement:
1t is somewhat difficult to deal with
this paper on account of its general and
eon- specific character, and sweeping
though unsupported assertion of opinion
| by the applicant and his counsel, that,
in their judgment. the adverse finding
of the court is not justified by the evil
Gence The paper might be dismissed as
simply not unexpected oppression Of dis
satisfaction with an adverse judgment,
but for the fact that it contains a num-
Der OF misstatements and particularly,
las woven throughout it's entire structure
an inaccurate and misleading use of the
words majority of the court
The findings of fact and the opinion Ct
the court of inquiry in the case of Ad-
miral Schley upon the more important
and material points before it were rot
reached by a majority of the members
only but by the entire court. The points
of the precept upon which all the mem
bers OF the court unite appear to be in
controvertibly established by the evil
dence; it is not understood how any other
conclusions could have been reached upon
them: and they constitute the essential
features of the entire matter under in
quiry.
The evidence adduced before the court
conclusively shows:
Under the 4th clause of the precept:
That on the 26 of May 1898, when with
in few miles of Santiago, to which
point he under orders to proceed
with the utmost dispatch, and where he
was advised that the enemY's fleet was
reported to be- and where in fact it ac
tually was Commodore Schley turned
about with the fleet under his, command
consisting of some of the best vessels of
the American navy, and headed for g.
home port. more than seven hundred
miles distant. without sufficient reason or
excuse for such action, taking with him
at the same time the scouting vessels
the department had sent there to watch
the entrance. and leaving the port of
Santiago, with the enemy's. aeet inside,
unguarded Upon this point the court
says in its opinion:
He should not have made the retro
grade turn west ward with his squadron.
In the face OF the facts the court could
not have found otherwise
Under tho 5th clause of the precept:
That while thus abandoning the field of
action with his fleet, Commodore Schley
was overtaken by dispatch vessel bear
ing an urgent order. dated May 25th
from the department, in substance d.
rectlng him to proceed to Santiago. as
certain facts, report. and not suffer the
enemy TO escape; that, nevertheless. he
continued to retreat with bis squadron
telegraphing to the Secretary of the
Navy:
1T Is to be regretted that the depart