The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-12-21

WASHINGTON, Dec. 2O.-Judge Advo-
cate Lapqly and Solicitor Hanna this af-
ternooH submitted to Secretary Long
their report upon the bill of objections
filed by Admiral Schley through his
counsel to the findings of the Schley court
OF inquiry. In substance this report IS
an argument supplementary to the argu-
ment made by the writer's before the
court of inquiry. The principal points
are an insistence upon their contention
that the first report is the unanimous
report of the court of inquiry; that the
court wos justified in rejecting Admiral
Schley's evidence by the number of wit
nesses who took issue with him, and
that there is no sufficient reason for the
reopening of the case as requested by
Admiral Schley. The report is as fol-
lows:
Sir: A communication dated the 18th
inst, signed by Rear Admiral w. S.
Schley, and by Isidor Rayner and James
Parker his counsel, objecting to the APP
prevail 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 tine
opinion of the majority of the court.
be RENTED to the court for further con-
sideration, has been received by the de-
partment's reference, and is returned
Sweeping Claims.
The findings of fact and the opinion of
the court OF inquiry in the case of Ad-
miral Schley upon the more important
and material points before it, We're not
reached by 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 to be
incontrovertiby established by the evil
dence; it is not understood how any other
conclusions could have been reached up
on them; and they constitute the essen
tial features Of the entire matter under
inquiry.
Upon the points which appear to en-
brace substantially the important mat
tiers covered by the inquiry, the court is
united and it's findings are unanimous;
they are sustained by the unmpeached
and unimpeachable testimony of Commo-
dore Schleys brother officers, who served
with and under him, by official kilograms,
letters and reports, and by the logs OF
the several vessels of his squadron, and
it would accordingly be idle to remit
these matters to the same body for re-
consideration upon the same evidence.
1t is not by any means intended here to
say that the principal points covered by
the, inquiry are the only points upon
which the findings of the court are in all
respects or substantially unanimous; be-
cause the truth is that the court is q
Unit upon all points, except those as to
which the admiral expresses individual.
but not in all cases contradictory, views.
|. 1t does rot appear that any good pur--
pose would be served by asking the court
to reconsider these.
The Question of Command.
If it is true say Messrs. Lemly and
Hanna, that finding by the court upon
the question of who was in command was
absolutely necessary in order to deter
mine properly the first specification OF.
the precept, then it must be stated that
counsel for the applicant failed Of their
duty during the inquiry. If they serious
ly believed, as they now state 10 DC the
case, that the matter of command on
July was essential to the applicants H-
terest, it was their plain duty not only
to bring the question before the court,
but to insist upon a hearing there, and
others interested should have been heard.
To request that the court now rule upon
if is 10 ask that another officers inter
ests be passed upon, to his possible pref
udice in his absence, and without hear
ing-a thing intolerable, whomsoever may
be concerned.
In conclusion, we are satisfied that no
good purpose would be served by remit
ting the proceedings or any of the fea-
lures of this inquiry to the court. The
applicant has had his day in court, and
the judgment is against him. 1t is ac-
ccrdingly recommended that the proceed
ings be not returned, but that the mat
ter be concluded by the departments APP
prove of the unanimous finding, We
Fave Z honor to be,
Samuel c. Lemly,
Judge Advocate Of Inquiry.
E. P. Hanna,
Assistant to Judge Advocate
The secretary said this afternoon that
he would withhold action on the matters
pending connected with this issue-natne-
Nv, Admiral Simpsons appeal and Ao-
miral Schley's request to be allowed to be
heard by argument on this appeal and the
findings Of the court Of inquiry itself
There was an intimation, however, that
! all of these matters would receive atten-
tion tomorrow ard would be finally dis
| posed of as far as the department is con-
cerned
| 'ERAlD tn eft MARRIED