The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-12-21
LEMLY AND HANNA ARE
FOR MAJORITY REPORT
Counsel For Government Does Not Want the
Schey Case ReOpened.
SIMPSONS Lawyers Want to Fight the Battle Over With Their
Client Present

HTASHINGTON. Dec. 2O.-The OBJ
wv lection of Admiral V. T. samp-
son to that portion Of Admiral
Dewey's report of the Schley court Of
inquiry, in which he says Admiral
Schley was in command at the battle
of Santiago and entitled to the credit
for the victory. was filed with Secre-
tary Long today. The document was
brought to the navy department by Mr.
z. S. TheaH, of counsel for Admiral
Sampson, and handed to the secre-
tary.
The protest sets up that Admiral
Schley was not in command at the
time of the battle; that the president
and the navy department have decided
that Sampson was in command and
Schley second. and that this question
was not before the court, and evidence
bearing on the fact of the command Of
the fleet was not admitted in evidence.
In support of the proof that Samp-
son was in command il is stated that
he was closer to the Indiana and the
Gloucester at the beginning of the ac-
ton than was the Brooklyn; ergo that
settles it.
The protest sets up that the loop"
made by the Brooklyn destroys any
assumption that Schley's counsel may
make TO the effect that he was IN
command Of the squadron, because by
making this loop he evidenced a dis
regard for the other ships, and dis
regard of the fleet formation.
The protest cites great many
things. the legal verbiage Of which is
so extensive as to prevent publication
Chief among the points made in addi-
ton to those enumerated are.
Sampson Was Close.
The Indiana and the Gloucester
were closer to your flagship
than to the Brooklyn. We have, then,
the case of a fleet In a regular fOrma-
ton, with the commandments
within a signal distance and closer TO
a large number of the ships than IS
! the second in command. It is true
that the commander-in-chiefc could not
have reached the most distant vessel
by signals except by causing them 10
be repeated BY an intermediate vessel
an entirely usual cOurse-but 1t is
equally true that the second in com
mand could not have reached the re-
mote vessels of the fleet namely, the
Indiana and the Gloucester, without
likewise repeating signals.
In this state of affairs, the regula-
tions Of the navy and the customs OF
the sea place the absolute command
and the full responsibility IN the Sc
Nor officer.
IF Commodore SchIey was in COM
nand. Admiral Sampson was not. and
if the question as to which was IN
command was TO be considered by the
court. surely Admiral Sampson became
an interested party, and under the
precept was entitled to the hearing
which was repeatedly refused him.
Principally Allusions.
The balance of the protest is prin-
cipally illusions to that portion OF the
testimony ruled on by the court, CO.
MONS reasons being alleged for action.
Early in the day Admiral Schley be
came aware of the fact that the pro-
test had reached Secretary Long. and
he made a request that he be furnished
an official copy. but was informed as
both protests were being considered by
the Judge advocate general, the seere-
tary could not take immediate action.
Secretary Long went to the White
House some time before the cabinet
meeting. and it is understood that ne
took with him the two documents.
Majority Report Stands.
Judge Advocate Lemly and Solicitor
Hanna submitted to Secretary Long
this afternoon their report of the bill
of objections filed by Admiral Schley,
to the findings of the Schley court Of
/ iuouirv. In substance. this report is
/ an argument supplementary to the ar
/ eumeDt made by the writer's before the
court of inquiry. The principal points
are an insistence upon their cOnten-
/ ton that the first report IS the unanl-
/ nous report of the court of lnuiry
! that the court was justified in reject
/ ing Admiral Schley's evidence by the
number of witnesses who took issue
with him. ana that there is no sufti-
Gent reason for a reOpenlng OF the
case. as requested by Admiral Schley.
| Secretary Long has not yet acted upon
! the report but is expected to do SO
1 tomorrow. If adopted the report VIII
| be forwarded to Admiral Schley.
! The report begins:
"a communication dated the 18th in
lstant. signed by Rear Admiral w. ).
Scblev and by Isidor Raynor and
| lanes Parker. his counsel, ObjecJing to
( the approval 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" be RENTED to the court for
/ further consideration, has been re-
! ceived. by the departments reference,
and it is returned with the following
/ statement:
Difficult to Deal With.
/ at is somewhat difficult TO deal
with this paper on account of its gen
/ eral and non-specifc character and