New-York tribune., 1901-12-21
LEMLY AND HANNA REPORT
DEWEY's CONCURRENCE IN CENSURE
POINTED OUT-VERDICT ACCORD
ING TO THE EVIDENCE.

Washington Dec @-The report made TO Secre-
tary Long by Judge Advocate General Lenly and
Solicitor Hanna is follows:
Sir: communication, dated the 18th inst, signed
By Rear Admiral W. S. Schley and by Isidor Ray
ner and James Parker, his counsel, objecting to
quiry in the case Of Rear Admiral schley. and
pieased to term the opinion of the majority Of
the court be RENTED to the court for Iurther
consideration has been received by the depart
ment's reference, and is returned with the follow
It is somewhat difficult to deal with this paper
account of its general and non-sPecihc charac.
oninion bv the applicant and his counsel that in
their Judgment, the adverse finding Of the court is
6smssed as Simply not unexpected Expression Of
dissatisfaction with an adverse judgment but for
the fact that it contains number or msstate- e.
nents, and. particularly has woven throughogt It's
use of the words majority of the court"
The findings OF fact and the opinion of
the court of inquiry in the case of Admiral
SchIey, upon the more important and ma
teriaI points before it, were not reached by
a majority of the members only. but by the
entire court. The points of the precept upon
which all the members of the court unite
appear he incontrovertibIy established by
the evidence; it is not understood how any
other conclusions could have been reached
upon them; and they constitute the essential
features the entire matter under inquiry
The evidence adduced before the court conciu-
sively shows:
THE RETROGRADE MOVEMENT.
Under the fourth clause Of the precept: That on
May e. 1885, when within a few miles OF San
tiago. 10 which point he was under orders TO
proceed with the utmost Dispatch and where he
advised that the enemys feet was reported
te be and where, in fact. it actually was, Commo-
dore Schley turned about with the fleet under his
command, consisting Of some Of the best vessels OF
the American Navy, and headed for a home port
more than seven hundred miles distant, without
him time the scouting vessels
the department had sent there to watch the en-
trance and leaving the port of Santiago with the
enemy's fleet inside, unguarded. Upon this point
made the retrograde turn westward with his squad
ron" the face of the facts the court could not
have found otherwise.
Under the fifth clause of the precept: That, while
thus abandoning the field OF action with his fleet,
Commodore Schley overtaken by dispatch
vessel bearing urgent order dated May %, from
the depar tment, in substance directing him to pro-
ceed Santiago, ascertain facts, report, and not
Continued retreat with his squadron telegraphing
Secretary Of the Navy: 1T is to be regretted
that the departments orders cannot be obeyeo.'
The found that he should have promptly
Disobedience of an important order in time of war
having been thus virtually confessed, no other find
ing by the court was possible
Under the sixth clause OF the precept- Conrno-
and of mis- disobedience of orders made
the time in a full telegram to the department
the subject was, IN substance, shortage Of coal
and bility coal the ships Of his squadron from
shows that the squadron well equipped with
coal. and that coal had been and could be readily
taken from the collier. There nothing for the
but TO find as II did. that Commodore Schleys
coaing facilities of the Flying Squadron in
accurate and misleading An attempt Justify by
Inaccurate and misleading official reports turn
ing homeward of g powerful squadron critical