The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-12-27
hsvo been wholly ignored by the ma
jority OF tho oourt in formulating their
aaid yoport Of feoss. "

jority OF tho court in formulating their
2aid yeport Of feoss. II; l
IL. Nho majority Of tho court in asat-
ing IN it's report of facts chat Oommo-
dOro Svhloy roaaived no positive in.
formssi0n from tho Boous ehips en to
the pSesenoe Of tho enemy'a fset in tho
hsr0or Of Santiago utterly ignores the
overwhelming tsstimonT ID proof Of lie
faot that Capt. q. d. Sigbbeo did aotu.
ally reporS. to Commodore Sohley, and
to othors that tho Spanish asot Was not
in tho hagbor of,SantiAgo.
l3. Tho opinion OF the pjcyity Of
tho court end the report Of fao,p is on
.tiroly silent on tho aubjeos Of tho
proven and admittod Failure Of Ueptu.
Wiae and Jow0ll to commandments tho
information they had recsiVed IN refsr.
tnco 10 tho rrsksnce Of tho Spsnish
Aoct in tho harpos of Santiago to Com,
modore Sohiey.
Il. That tho report Of the facts sub
raittod by the courts statys that tho
oondisioau Of wind, aoa end weather
iron noon on May rs 20 Juno 1ss, Wero
favorable for taking coal from collier
ct Doa / # Santiago, wien thin statement
has boon dlreotiy oontroyortod by tho
evidence Of tho Witnesses for the GOV
crnmcnt.
10. che tabloS propared by govern
mont experts end admitted in evidence
before tho court showing the coal sup.
Ply OF tho vessols Of tho flying squad.
ron, With reference to thuir chasing oa
pacity, procsoding At full npeed with
iorooo araught, hsvo not even bsen I'D
yAriod TO in the repors Of fsota.
10. Thers haB not been the slightest
iefetence made by tho majority Of she
court 20 the OF i sts Of the honorable eco
rotary Of the navy, offored and proved
ia evidence, forbidding shc hazarding
OF American ships against shors bas.
teliea, and the court hsa d soidod against
,ho supplioant uron the aeventh hpeoi-
heation Of the praoept, without, in the
siishost dsgree, referring to this inpor.
taLt evidence.
IL. The majority Of she court have
onairoly failad to give arp opinion aa
TO the ohGrsctor OF tho blockade OF
Santiago, although the sans wss in
cluded in tho eighth specification Of /, he
precept, ard by specific direction the
sou,t wts obligated 10 give an opinion
thoroupon.
18. Tho majority opinion Of the oour
thht Commodore Sohloy should havt
endoavored to capture tho Spanish
v0atols go apohor noar tho entrance Of
Santiago harbor, on May 29 and 30
and :has hs did net do his utmost witt
the foroa under hin command to esp
ture or deptgoy the Colon and o,ho,
veassls Of Tho onomy, on msy 81. i,
aholly at varianoe wish tho orders un
dor whioh Commodore Sohloy was sot,
| ing bufore Santiago, gsid orders. al il
atseatod by No. 8, dated May 21, 1898
and nent ty Admiral Sampaon'to Oom
mcdore Sohloy, rooafioting his opera
sion 10 the establishment and mainton.
anco OF o Btookade OF tho port Of Santi.
ago, il tho onemy should bo foun,
| therein; and alao eaid opinion 10 utterly
and abRc clnfe' q & ads sysstiGeg with The
overwhelming weight Of testimony
WhIoh clearly optablished the fact that
ths aGs,T OF Nay 81 was predetermined
upon and exoouted as 8 reconnaissance
end not a3 formsl attack upon the
spanish vessels nor upon the land bat
teflcs ct tho entrance to the harbor oi
santiago.
~. The majority opinion Of the court
10 amDiguouD and indeterminate In thai
inc court holds tho turn OF the Brook.
iyh 20 st&rboard was made to avoid got.
eng her into dangerous proximity to
ehe Spanish vssacle, without stating
Nhe thor ovasl0a or suoh dangerous
proximity on hle pkrt Was due TO the
l'efsonai l.' Tears or Ooiamoeora Sohioy,
VI " oeslfe on ms part 20 preserve
ohe snip lhtsos, ana rosuy tor turthe,
Woth IA the eHorS 70 win victory ffop.
WIG ehouly.
~. iho ms Joority of tao court have
ohtlfoiY ignofsd the overwhelming tss
Flmony submitted IA tho oaae ia arriv
ing as inc OPINION that Uommodoro
oohley eff6d ID commencing tho en-
sSgo msa' on July with tho pcrt bat
tofs, ING oVldtncc IL tho Case oloarly
osea Dlishos the 1aot that III tho exscu
tloa OF the standing ofd0r to ''oioso IL
and atsses IN hatbor entrsnoo," - Wal
.mpoiploie ,,,!'' sor .ao Biocaiyn. witbou'
.alhipg a"ay IRON tho enemy, 90 oper
w epsasemon' except With her por
pa.spiy' 'a,pi.' NV 'ho eviaenoo ', >aiao clearly
op."p.snSS ,s n.., eho Aaes 'nas tho turning O
,i sno DtooAlyn IA tho manner ana dlrec
M alon A whloh sho oio sarn did no.
oausu ~, ~ 1880 elthsf disssnoe or po
'i' ai'ion VIZ !no opanioh vesheis, ShS
M ;.a 80 opaniun u tlle cour1 upon thi'
~ Soo. p1lns nfilyoo a. only ~ disre
saa o,nb a. d tho evlaohoo IN pehalf O
u1unnuuoie o. ny ooaioy.