The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-19
IGNORED TESTIMONY.
SchIey Court Of Inquiry Proceeded in
Irregular Manner,
DECISION IS AMBIGUOUS.
Counsel for the Applicant Filed Bill
of Exceptions.
THE VERDICT WAS APPALLING.
Method of Court Unparalleled 10 Civil or
Criminal Law.
LONG ASKED TO WITHDRAW APPROVAL
Sohley Counsel win Avail Themselves
Of Every Remedy at Hand to Set
Aside the Opinion,
Method of Court Unparalleled 10 Civil or
Criminal Law.
.ONG ASKED TO WITHDRAW APPROVAL

Washington, December ls-Late this |
afternoon Admiral schley, through his coun
sell filed with the secretary Of the navy bis
hill Of exceptions to the majority findings
Of the court Of inquiry aud also letter
asking to be allowed to be heard In councc
ton with the objections TO be filed by at
torneys for Admiral Sampson TO the in
dividual opinion of Admiral Dewey
Secretary Long almost Immediately after
the receipt OF the communications called
Judge Advocate Lemly and the solicitor for
ence. The secretary Indicated that he
would not hear an oral argument by MIR.
Rayuor regarding Admiral simpsons pro.
test, but that nc would receive a written
statement
The text Of the bill of exceptions is as
follows;
10 the Honorable Secretary Of the Navy.
Washington, December s. 1901 Winfield
scott Schley, rear admiral. United States
navy, retired, the applicant before q court
OF inquiry Of which Admira! George Dewey,
United states navy, is president and Rear
Admirae Andrew H. X. Benham and Fran
els NJ. Ramsay, United States navy. mem
bers, and Captain Samuel G. Lemly, United
states navy judge advocate general, judge
advocate, objects to the approval of the
findings OF the court upon the ground that
The opinion rendered and the report OF facts
made 10y the secretary of the court are in
conflict with the overwhelming weight OF
evidence and that the majority OF the
court, In their said opinion, have ignored
the testimony Of the applicant aud Of the
whole of the applicants witnesses and an
that portion of the evidence given uy Wit
Eesses for the government, whiCn was fo-
vcrAhle to the appll ant. and have thus de.
priNed him Of rights guarautepl to MIN by
the laws Of the land and the constitution
of the United states and The applicant now
assigns the following grounds In support Of
/. The majority Of the court have given
Their opinion that Commodore Schley should
have proceeded with the utmost dispatch
on Cfcnfuegos, when theleSik 10 spccitca.
tlon covering this subject .iGll the applicant
did not have sufficient opportunity 10 bring
In proper and convincing evidence in refer
enCa thereto, and when the only evidence
taken by the court on this subject was di-
rectiy contrary 10 the opinion rendered
! :. The majority held that the applicant
should have endenvored TO open coInmunl.
/ cation with the insurgents at tho place
| designated In tho McCalla memorandum.
1 when there was no place mentioned In said
memorandum AZ being place at which a
| camp of insurgents was located,
/ D. The majority arrived ,at this opinion
/ without regard TO the facts which was
4 proved by an overwhelming weight Of tc,-
/ timony, that the said AicCalla memoran-
| dun was sent to Commodore Schlcy only
/ for use In connection with tho information
! il contained relative TO certain batteries
/ ia the vicinity OF the entrance to the har.
/ hor of CienfueGus MS is attested by order
! No q, sent TO Commodore Schley by Ad-
| miral Sampson,
4. The majority hold that Commodore
| SchleY should have maintained close
| blockade off Cienfuegds, when by over
close and effective blockade OF that port
| was maintained. the Judge advocate hay
! Ing substantially abandoned any charge
| Ia the contrary.
>, The majority entirely ignored the IN
| contradicted testimony proving that the
! British steamer Adula was permitted TO
| 20 into the harbor of CieDfuegos In order
that information might he obtained through
| her TO whether the Spanish feet was
! IN that port, 1t having been clearly estan-
| lisbed that the captain of the Adula agreed
| port, that he would bring his ship out in
fewer than twenty-four hours and fur
neh the information desired.
! g. The majority failed to refer to dis
patch No. 7. admitted 10 have been sent
| by Admiral Sampson TO Commodore Schley,
| which was an Imperative order for Com
modore Schley to hold his squadron on
| C.enfuegOs, whether the Spanish feet was
or was not in that port.
Z. The majority entirely ignored the ad-
mitted fact that the commander Of the
Eagle failed TO communicate the situation
at Cienfuegos to Commodore Schley.
The majority entirely gnOrsG The ga
knowing the meaning Of the signal lightf
on shore at Cienfuegos, failed to communi
cate his information concerning them tc
o. The majority declare that the sigma
lights on shore near Cienfuegos were seer
by Commodore Schey on the night ni
!
weight Of evidence proved that Commodore
Schley saw and had knowledge 0f thCst
lights only on the night of May % aud a
no other time.
10. The majority are silent on the charg,
/ preferred by the Judge advocate agains
Commodore Schley that he did not masl
his movements in departing from Glen
: fueros, but In using Ardois signals re
: vealed the destination OF his squadron 4
= the enemy on shore despite the fact tina
: by overwhelming weight Of testimony thi
charge was entirely disDroFed.
II. The majority based their opinion Il
reference to the retrograde movement upo
t statement made In their report OF fact
e that Commodore Schley, before sailing iron
e rlenfuegOs received reliable information
e that ships could coal In the vicinity o
Cape Cruse and GOnaiyes channel, and
= IL now respectfully denied that there wa
t any such positive testimony IN this case
/; every witness with one exception, who wa
! examined on the subject dlsasoWed q
I knowledge in reference thereto, and III
{ | uncontradicted testimony OF Captain Coo
I establishes the fact that the official chart
e with which the flagship Brooklyn was SUI
I piled aud upon which Commodore seh'e
E was compelled 10 rely Tor lntormatiol
. | showed coaling at Cape Cruise to be neithe
| feasible nor practicable and the record
clearly show that not until three days aftt
| leaving Genfueg0s, when Captain Cotto
| visited the Brooklyn, did Commodor
| Schley receive any definite intormatio
| concerning the feasibility 81 coalinG frol
i the collier IN Gonalyes channel, az
: | which facts have been wholly ignored b
2 | the majority OF tho court in formulaun
G their report If facts.
e u. The majority in stating that Comm,
| lion from the srort ships as to the pre-
], ence of the enemys heet IN the harhoT
D Santiago. utterly Ignores the cyerwhelmin
testimony ~ proof Of inc rae, t1 ran sp,a,
p Schiey and to others that the Spanish me-
was not In the harbor Of Santiago.
ias=Ths nsjsgity'se FssHs azd @sslnls