The Savannah morning news., 1901-12-22
SCHLEY CASE CLOSED
LONG APPROVES THE FINDINGS OF
THE COURT.
DEWEY DISAPPRovED OF
SECRETARY sUsTAINs OPINION OF
MAJORITY.

No Further Proceedings to BE Had,
Question of Command at Battle of
Santiago Should Not Have Been
Considered, He HoIds-Admiral
Dewey's Separate Opinion on This
subject Is Plainly DisapprOved.
Request of SampsOn's Counsel to
Be Heard Not Granted.
Washington. Dec. 21.-Secretary Long
has disposed finally of the Schley case
so far as the Navy Department is con-
cerned, by acting upon the findings and
conclusions of the court of inquiry.
He approves the findings of fact and
the opinion of the full court, he ap-
proves the majority opinion where there
is difference in the court; he holds
into consideration of the question of
command at the battle of Santiago, and
finally he accepts the recommendation
that no further proceedings shall be
had.
Secretary Long has declined the ap-
plication of Admiral SIMPSONS coun-
sci to enter upon an inquiry into the
question of command and has notified
Admiral Schley's counsel of that fact
as a reason for declining to hear them
on that point.
Secretary Longs approval of the ma
Jority report was as follows:
The department has read the testi-
mony in this case, the arguments of
counsel at the trial; the courts find
ings of fact, opinion and recommenda-
tion; the individual memorandum of
the presiding members; the state
ment of exceptions to the said find
ings and opinion by the applicant; the
reply to said statement by the judge
advocate of the court and his assist
ant; and the brief this day submitted
by counsel for Rear Admiral Samp-
son traversing the presiding members
view as to who was in command at the
battle of Santiago. And after careful
consideration, the findings Of fact and
the opinion of the full court are APP
proved.
"As to the points ON which the pre-
siding member differs from the opin-
ion OF the majority OF the court, the
opinion OF the maj tority Is approved.
AS to the further expression of his
views by the same member with re
gard to the questions of command ON
the morning of July 3. 1898, and of the
title to credit for the ensuing victory,
the conduct of the court in making no
finding and rendering no opinion on
those questions is approved-indeed it
could with propriety take no other
course, evidence on these questions,
during the inquiry having been exclud-
ed by the court.
''The department approves the rec
ommendation of the court that no fur
ther proceedings be had in the prem
ises.
THE department records its appre-
citation of the arduous labors of the
whole court. John D. Long,
Secretary of the Navy"
Parties at interest Notified.
The text of Secretary Longs letters
to Admiral SIMPSONS attorneys and to
Admiral Schley follows:
Navy Department Washington,
Dec. 20, 1901.-Gentlemen In view of
the departments approval, this day.
of the recommendation of the court of
inquiry in the case of Rear Admiral
Schley, that no furtehr proceedings be
had, and of the fact that the question
of command was excluded from con-
sideration by the court, the depart
ment will take no action upon the brief
filed by you in behalf of Rear Admiral
William T. Sampson. Very respect
fully, John D. Long, Secretary.
10 M6SSIS. quay LOIl, OdUlpD6ll anu
Theall, Johnston Building, No. 80
Broad street, New York"
Navy Department, Washington, Dec
20 1901. Sir: Referring to the depart
ment's letter of the 18th instant, you
are advised that action has to-day been
taken upon the findings, opinions and
recommendations of the court of in
quiry in your case. and upon the mi
nority opinion of the presiding member
and a copy of the endorsement en-
bodying such action is herewith trans
mitted for your information.
"In response to your request of the
18th instant heretofore acknowledged,
that, if a protest should be filed by
Rear Admiral w. 7. Sampson relative
to the question Of the command of the
American navalsforces during the bat
tie of Santiago and credit for the VIC
tory won in that battle. you
be accorded an opportunity to
present, through your counsel, oral
argument against such protest, you
are advised that a brief on this SUBJ
ject has this day been filed by Messrs
Stayton, Campbell and Theall, coun-
sci for Admiral Sampson.
"In view, however, of the depart
ment's approval of the recommendation
of the court of inquiry that no further
proceedings be had, and of the fact
that the question Of command was ex-
cluded from consideration by the court
no action will be taken upon said brief
and reply to that effect (copy enclosed)
has this day made to counsel for Ad-
miral Sampson.
"A copy of the report of the Judge
Advocate of the court and his assist
ant, upon your communication of the
18th inst, objeoting to the approval
of the findings Of the court, is also
herewith transmitted. Very respect
fully. John d. Long. Secretary"
ITO Read Admiral Winfield S. Schley,
u. S. N, Retired, The Richmond,
Washington"
schIey Has Nothing to Say.
When seen at his hotel this after
noon, Admiral Schley said that he did
not care to make an comment what
ever upon the action taken by Secre-
tary Long on the findings Of the court
of inquiry. The admiral said that he
would leave Washington on Monday.
next, for New York city. where he will
remain for an indefinite period.
Mr. Rayner and Mr.. league. OF
counsel for Admiral Schley were in
Baltimore to- day, and in their absence
the admiral was not prepared TO say
whether any further action would be
taken In his behalf at the Navy De-
partment or In Congress, or whether