The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-12-27

havc been wholly ignored by the ma
jority OF the court in formulating their
aaid report Of facts. &.
IL. Tho majority Of tho court in atat.
ing IN ito. report Of facts that Oommo-
dUro Sohloy rooaived no positive In.
formation from tho SCOUT ahips ag to
Tho presence Of tho cnemy's fluet in the
herbor Of Santiago usterly ignores the
overwhelming Testimony in proof Of tho
fe 1t that Capt y. ID. SigBbeo did aotu.
;aily repors to Commodore Sohlay, and
to others that the Spanish fleet Was not
in;the hDrbor otSaptiHgo.
l3. Tho opinion OF tho naojoyity Of
tho court and the report Of Sacaa is en-
tiroly siiont on tho subjacs Of tho
proven and sdmisted faiiuro Of Osptu.
Wise and .IaWoll to ooenmunicsta tho
informs.io- they hsd received in refsr
onoo 10 tho pr.lsnce Of the Spanish
Acct in tho herDor Of Sant;ago to Com.
| modoro Sohley. S~-7,a
| Ia. Thai tho report OF The facts sub
| mittad by the courts statss that tho
conditions OF wind, soa aud weather
iro II noon on May rs 20 June 1os, wsro
favorable for taxing coal from o collier
ct Boa IF Santiago, when this statement
has boon directly oontrOvcrtod by tho
ovidsnoo Of the witnesses for tho soy
| crnmcDt. EsE
10. Che tablos prepared by govern
mont oxpeHtn end admitted in evidence
bofOro the court showing the coal cup,
Ply Of tho vs6aels Of the flying squad.
ron, with leforenoo to thuir chasing Ga
paoity, proceeding at full spead With
iorcoo afaught, havo not even bsen I'd
yAriod 70 in the repors Of fsota.
Is. Thsrs han not been tho slightest
iotorenoa made. by the majority Of ths
court 20 the old sSs OF The honorable pec.
rotary OF the navy, offorsd and proved
ia evidence, forbidding tho haaardins
OF Amcrican ships against shore bas.
seiios, and the court haa d soided against
tho suppliSant upon the soYenth apcoi-
fieation Of the praoopt, without, in the
sishoss dsgrcc, referring to this impor.
TAFT sviJenoo.
| II. The majority Of the court have
onsiroly failad TO give arp opinion 80
10 tho oharaoser Of she blockade Of
Santiago, although the sans was in
oluded in tho eighth specification Of ,ho
preoap., and by specific direction tho
coutt Wes obligated 10 give an opinion
thoroupon.
| IS. Tho majority opinion Of tho COURT
thnt Commodore Schloy should have
ondosvored to capture tho Spanish
voasels 80 anchor near tho entrance Of
| Santiago itarbor, OF iisy 23 aud 30,
and that no did not do his utmoHt with
tho foroo undor his command to oap.
turo or destroy the Colon and o,hor
vessels Of the onomy, on may 81, 10
| wholly st varianoe wish the orders un.
dos which Commodore Sshley was sot-
ing before Santiago, seid ordeSs, az 10
atseatad by No. 8, dated May Fl, 1893,
and sent Ey Admiral Sampson to Oom.
modorc Sohloy, rouaricting his opera
tion 70 tho establishment and mainton-
anoe OF aAootade oe tho port OF Santi-
! ago, ifgtAc& snemy should be found
[ therein; and also said opinion ia utterly
| and a69tlntel9js ad \ ras :anes With Il &
overwhelming weighs Of testimony
which clearly establiuhed the fact that
tbs affair Of Nay 81 was predetermined
upon and executed IS q reoonnsisanos
and not % q formal attack upon tho
Spanish vessels nor upon the land bat.
terlcs at the entrance TO the harbor Of
Santiago.
19. The majority opinion Of the court
10 ambigUouG and indeterminato In that
the court holds tho turn Of the Brook
iyn to stsrboard Was mado to avoid GOT
ting hor into dangerous proximity to
the Spanieh vsspela, without stating
whether evasion Of suoh dangerous
proximity on his psrt Was duo TO tho
porsonal fears OF Ooramcdora Sohloy,
or to desire on his part to prosorvo
tic ship intact, and ready for further
work ia tho effort to win victory from
She chemy.
| 20. The ms jority If tao court have
entirely lgnorsd the overwhelming tsB.
lmcny submitted In the csao in arriv-
ING of tho opinion shat Commodore
Sohley errod iD commencing the en-
Gsgorasat on July 3 With tho pcrt bat.
soig, tho evidence la tbs osso oioerly
establishes the faot that in tho exsou,
tlon Of the standing or60r to 'scloso il
aud at,ack in har Dor entrance" ".it was
inpospible for tho Btocalyn, without
turnipg away fro the enemy, 10 open
the engagement except with her port
bhs,cry; aud tho evidence >algo oloarly
| establishes tho fact that the turning OF
The Brooklyn in the manor and dirco-
tion in which sho did turn did not
cause her 10 loeo oith.r diuisnoe or 20.
si.ion With the Spanlsh vessels, sho
cor rary opinion OF the court upon tbip
sui ject beng afii7ed at only BY disyo
sAiaing Gil tho evidenoo in behalf Of
lComnudore Sohiey. ,
2l. Tho msjority opinion OF the cour.
ls ambiguous ana indaterminsble in
that while stating that tho Brooklyn's
turning caused the Texss TO stop and
10 blck hex englpos TO avoid possible
collision" said opinion douy not s.atp
wheshor tha dansot OF suoh collision as
oomprshondtd by she OH specification
! II tho praceps wes roal or imaginary,
(, @herasp the overwhelming weight OF
tossimony clearly established tho fac5
that no time wss thore danger Of COL.
| ligon botwsen the Brooklyn and tho
Iexas.
| "a. The Testimony OF Capt. II. n.
| Cook. . awitness called by tho Judge ad.
voeato, in references TO She proximity Of
the Brooklyn TO the Toxes at the timo
| OF the BSooklyn's turning, has been liz.
norta and not even advortod to in the
statement Of porsinent facss.