The Farmington times. [volume] (Farmington, Mo.) 1874-1902, 1901-12-26
Counsel for Rear Admiral Sampson
FDs Objections to Admifsi
Dewey's Report.
WANT CERTAIN PARTS STRICKEN OUT.
ssarsie.Dsr stress 10 Laid uDes tins
ssst Tkai shs aaesssas sf whe
ess In ccm,naad DuriaK tbs nat
sIs was Not iaeIsaea in the Pre-
ttpt fes che Coara of fnasirts

he says Admiral schley was ia com
inafd az the battle on Santiago and
entitled TO che credit for the victory,
wns fled with Secretary Long Friday.
The document was brought 10 the
navy department by SIR. =. y. Theall,
Of counsel for Admiral sampson; and
handed to the secretary. II lS as fol
lows:
No. % Broad Street. New York, 49,,
sir. As eounsel for RsAr-G Gdairai sAnP-
son, We have the honor 10 request tha'
the department.. for reasons below stat-
I'd rtrika ont 1r spsciaca1y disapprove
thai portion Of Admiral Dswry's opinion
nlad IN connection with thr procsedinEs
q The schisy eour! ot mse,', " maaSn n,a,ssa
srhlsy was In absolute command at the
naval battle on saAtABo,
l.-Commoaore aehiey was not in com
U..-The prs-ideDt. of thS rnl;ed niAtes
and The navy dnpe Ansnt had decided that
Admiral Hasnpsots was IN command ss
that battle, and Commodore schiey, sec
TI'@The qsestion as 10 who command
ed al Santiago vas not referred to the
court for connidciation, end sE'ue"0s
I-Commndorc schlcy was not IA com
mand al that battle. -.
JAl-The diapOsliiOn Of tho forces nt the
beginning OF the battle, according 70 Com-
mnsiore aehlsys own statement. places
Admiral Sampson 10 command -
The Iirpuklyu and the RiNcn were the
wcsternmoHt shlps Of the hsst' ihs 10.
most The New York was ncaisr both oi
the latter than was the brooklyn. anu
totably al the time when the .i.5.ana Nns
heavily engaged ut the beginning OF the
action, and when the Glouc.ztrr was en-
gagged with the Furor and riufon. cofn-
modore sehie: says The Indiana .inaer sne 'ile as
your flagship" than to the Brooklyn. We
have. then the ease Of ncct Va rugu-
lar formation, with the cofninnnoet-'h-
chief within signal distances and closcr ,o
a large number ~ the shipn than " tne
second in command. II is true thAt the
comrnandct-ln-chief could not nave
reached the most distant vessel ny HiE-
uHls, except hy causing them 70 be re-
peatcd by an intermediate veHscl-an en-
tiroly usual courRc-hui h 10 equally true
that the second In command could not
have reachsd ihs trds1s rgS,s HSsI SnS ,se q G,os.
certerl without likewtie repeating sig
nails -,-,,-.-
nf the navy ana ihr curtoms 81 W. .na
plarc the absolute command ana iHe re-
sponEibiiity IN the hands of tn" senior Of
iiccr ,.-.-
IN, actl,,i trstroyp any claim that Com
raodore schlry might baNe had 10 the
command The facts ~ e. the loop are
found by she court. 'lhs hnsilns ana opln. pu.
ahip hs mancuy.rcd without warning 10
the rest Of the squadron. and IN disregard
ot ,hT ,hhT,hr s pHFsipENT oF THE Unit.
FD STATES AND THE NAVY DE
pARTMf.NT HAD DECIDED THAT
ADMIRAL FANPEON WAS IN ruM-
NANp At THAT BATTit. AND COM.
MonoRE si'IiIEY SECOND IN COM
MAND.
Thip fact was before the court fer the
secrctary's letter 10 the senate taated
February 9Th, Ifeel stHtsa that the Span
iAh squadron was destroyed ny our ncoi
ander hts tsampeon'sl command. ana
the advancement OF Commodore schley
was propos-d IN recognition OF his sery;
iIi'~THE QUESTION AS TO WHO
COMMANDED At SAM tA1O WAs
toNsinEnATioN EVIDENCE BEAR.
tNt; ON THE POINT WAS EXCLUDED.
tA)-if Commodore srhiey was IN com.
fland. Admiral sempsgn was not and u
rnand was 10 be considered by the court.
surely Admiral Sampson became an In.
tGresied party. and under. the precep, was
entitled to the hearing which was repeat
tn)-Thc Language of the precept ex.
cludes the question Ms 10 who command
e. a ,hs; S",ss nS a,Ts1 'ns 5%Tl As,,n q
Eehlsy not into hts status or as 10
whether or not he was In command, and
% report It's conclusions upon his CON:
Duct In connection with the events OF
he Santiago campaign.
(Cl-The judicial officers OF the cour,
maintained that this matter was outsid,
the scope OF tha inquiry. They expressed
Willingness 90 no into u IL their view
should tse overrued but were IN every
instance sustained ~ ,ssc -ourt. Thus. q,
page i57, the assistant TO the Judge 'sd-
"0no further word as TO a suggestion
just MADE aa 20 the Intention TO show
that Admiral Sampson was not In this
battle. ] wish to say that we do not uR-
derHtnna that tho question whether Ad-
mirai sampson was or was not In the
se''ls e s@sa,isss @ + ssasrg az uaspS ,es S"gri ,i
isyrsTIo1TR IN. ." ftfII tintII ~
case takes that attitude II In improper 10
spread upon the record arguments and
guestlens which proceed upon the taeayy
that he - IN the case" Counsel for the
applicant withdrew the question.
~ pnee 60 Of the record. the same mat
ter being under discussion. Mr.. Hanna
said;
III Il Is the desire Of the court 20 ~
into these thinga. q would Of course bc
proper that WE should also so into them
MofIb / Ts'iIs ns ng' NaFsi ss RT9psT ~. NJ y
are thorouehiy prepared TO go into any
discussion OF them provided the court De-.
slres 70 go enlarEe and exieud the scoops
.
cant again failed to press the poin, and
the court made no objection 10 Mr. Han
"a a; usv~s tsx and Iazo there wer, similar
rulings ~ ths judge advocate In The t,ss cnss
of all fhnee declarations there was ar.
uuiencenee on the part of the court
uDt-The cruFt uniformly rejected evi.
dence ns To who commanded
ON all the pages herein cited from ths
record the court rejected such evidence
and nowhere was u admitted against OBJ
lection.
El-The court more than once specific.
ally ruled that this question was not be-
fore u.
For example: At page isss, where the
question WIS as TO the position OF the
cemniandsr. In. chief and q The New
Admiral Dewey raid: I'VE DO NOT want
that. We have salsd that out" The
Judge advocate then asked " the cour,
pliea. WE HAVE WE HAVE kEiT
THE NEW YORK OUT or n"
See also Page <i
tF1~r'he court went 70 Gar as 60 rule,
At paEe ftsf, that Admiral srhisy wss nos
ter fhsn before ih. court related Ia ths
perfuts during which Admiral Brhley had
been In absolute -cou,nsnpa. and the rsdxt
yssass nrs se.rasm nn S Il Juy Ens az ssu ss
Mr. fsayn<r IN reply xcaMiaHsrd IN this
iiuns - NJ. snsfi ks confnsd u 81
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WsS Rss:yfsAIfssx 4 s s y c5si 4 hi. n.
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