The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-12-27
1SCHLEY OBJECTS.
Ills Counsel F,las Reasons for
8a3. Sailing &sida V4rdlcs. u
THEY sunE FLAia LANGUAGE.
TIL Tho \. o-fficars az she Cours Are
cf srgsd ,vsi'he u. htesslng g lmpfe ased .
Wan TesSltnnny Of tsos-
lilo Witne,saxa.n

lilo Wiins&sas."
Aapirs sehlsy through his counsel
d Weareadsy Sled WIKI tbs secretary Of
I tho neyy tho bill Of exceptions 80 tho
i ms sjlTisy findings q ts.5 souit Of .inquii.
iy ana+ also letter ssking TO be s1lowod
to'be heard in cunnootioa With the oh
4 jsotions to be 6lsd by attorneys for
Admiral Sampnon TO the individual
B opinion Of Admiral Dewey.
II THE GROUNDS Fon COMPLAINT.
The bill atsjgns tho following grounda
in aupport Of tho ohjscsjon; .5
i, Tho. majority Of tho court have
given th,ir opinion that Qommodors
4 Sohley ahonld have proceeded with tho
utmont di,pasoh "a Cionfnogos when
there Wae no specification covering this
subject, and ehsn the applicants did
notbave tufioicnt opportunity 10 bring
III proper and convincing evidence in
eiershco' thereto, and when tho Only
evid noo taken by tho court on this
subject wss directly contrary to the
opinion rende
q The mojnli!y Of tho oours have
.
7 deaYored to olon communication With
tho insurgents ss the place denignated
IN tho memorandum BY Ccmmoaoyo
McCalla, delivered to him on the morn
K ing of the 23rd of May, 1898, whom,
< in faot, thoro vas no place mentioned
,in said memorandum al boing g plaoo
I as which camp Of insurgents waa 10.
oated.
3. Tho majority Of the court havo
arrivsd at tho opinion etaied in tho
foregoing paragraph Withous regard to
tho faoe, Whioh was proven by an over
Whclmipg wcight of teatimony; that
! the haid MoCnila memorandum was
Gont TO UormodoFo Sohity oaIy ;or uee
in connection with tho information il
contained relative to certain batteries
at, or being constructed ia tho vioiriiy
OF the ontran0o TO tho herbor OF Glen.
fuegoa, 40 attts!cd BY the or5or No.
n 6, dated May l9, 1883, end eent 70 Gem,
modore Sohley by Admiral Sempson.
q. Tho ma ajoriiy Of tho court in the
ri opinion rendered hold that Commodore
Bchley dhould haYe maintained clocc
M;$ blockade Of Ciontucsos, when by oyes
lsl9%w helnipg tsstimopy ii was proven thss
L q oloso and effective blookede Of that
ssSS Us i,css W % maintained, the iudSs advo
su Ia ssl,sislIy,s aklndoued
Y y charge 20 tho contrary. s{,
.g The majolitY Of tho 9ourt in tho
op- rendered havo entirely ignored
tho unsontradiotod testimopy proving
chat tho British steamer Adula was
permitted to 60 into the harbur Of
Ui9nfueg gos in order that information
might be obtained through hor aB tc
whother the Spanish feet WAS thon
in that port, il having beon clearly es
tablished that the captain Of Tho said
4 Britieh steamer Adula promised ard
q agreed before permission waa given
him to enter tho port that he would
bring his ship OUT in fonor than "a
hours and furnish tho Information de-.
aired.
6. Tho ms shortly Of the court, in the
opinion rendered, hayo entirely fsilod
to refer 10 LiApatoh No. z admitted
to havo bean sens By Admiral S&mpson
to Coma edore Schloy, tho construc
tlOn Of which gas asrood upon in tho
argument OF the case, to wit: That il
yMaH an imperative ordor fer Commo
doye Soh!ty 10 hold his fquadron Of
Cielfuagos Ghethor the Spanish 1sct
Waa or saEs not IL list port,
t? 1'he majority Of tho court in the
opini0M rendered hayo oniirely Jgnorod
the admitted fsst lhat the commandcr
OF the Ea&le iaiicd to communicate tho
gituasion at CIenfuegos to Commodore
{ Schley.
'S. The majority Of tho court in the
opinion Idored have ontiycly ignore
sho uncontradicttd evidence il. :,ls caso
that, Cspt Robly D. Evaus, knouine
tho meaning Of tho signal lights Oh
Shf6fo 81 Uit tniugos, failed TO oou,l1uai
cato his inloilnstion concerning tiIem
to Commodore Sohloy.
8. The 10, jlrity Of tho court in the
report OF tho facts submitted dsolsro
that the signal lights On nLors oear
( OicbfnegoD Woro Aeon by Commod odore
Scbloy on the ni9kl ,f May 22d, 1898,
EssW hen In fact tho overwhelming ,7eiBht
lss.0f both oral and documentary eyidonoo
proved shat Comml doEo Sshloy cav
Z. aid had kpoWledge oil iheso lights only
A on tho night OF May 23rd, and at NJ
other time.
10. Ihc majority OF the court in the
opinion roLdsred arc silent on tho sul,
!JooV Va oiO iOllVNJDR pTCIGlECu
NY, tho judge advocate eaainet Com.
a, m0doro bohloy during she progress OF
4 tho investigasion, namelf, thas he did
not mask his movements in departing
from In font OF tho porb OF Oienfuogos,
but by using AYdois 81 gnals 30 rsvcslsd
the destination Of his squadron 70 the
enemy on shore; dsspito the fact tha;
ty. overwhelming weight Of testimony
this charge Wap entirely dir proved.
~. Tho msjority Of che court have
Dssed their opinion in reference 70 the
retro&ade movement upon tlatcrnenl
I iaado IN their report Of facts that Com.
.modoro bchlcy, before sailing from
UionfucEoa, reosiydd reliable informa
tion thas ships could bo ooalod in the
OF Uepo Oruz end Gonaiyo.
channel, end il is nog respectfully do
!! nisd that thero was any suoh ro9i,iyc
& testimony in shis case; every witness
with ono exception who was txsnipod
on tho fubjoot dlsayowed all knewlsd 4,
in reforenco thereto, and tho ur,oontre
dicscd testimony Of Uipt. i. u. Oool
ostablisAea tho fact that the oGioiel
4 charts with wbioh tho flagship Brook.
Ign was supplied, and upon which Com
{ modoro Hohley VAS compelled 10 rely
for infoYmAtiOn, showed oonling q,