The Washington times., 1901-12-19

Admiral Schley's till OF exceptions to the
verdict of the Naval Court of Enquiry,
which condemned his conduct in the West
Indian campaign, was filed with Secre-
tary Long yesterday afternoon. Thirty
one reasons are given why the findings
and opinions Of the court should be over
ruled by the Secretary tdmiral Schley
takes exception TO the conclusions of the
court on every point, and holds generally
that the court failed to consider his testi-
mony and that Of his witnesses.
Secretary Long silent.
Secretary Long read the bill OF excep-
tions yesterday afternoon. but declined
to make any comment.
The report was current yesterday that
Admiral Schley and his advisers hope to
induce President Roosevelt to take ad-
verse action on the courts report.
The bill of exceptions was accompanied
by letter from Admiral Schley asking
permission TO offer oral arguments against
any evidence produced by counsel for Ad-
miral SIMPSONS friends TO show that Ad-
miral Sampson commanded the American
fleet in the battle OF Santiago.
sampson Also Files Protest.
Rear Admiral Sampson also filed vi, h the
Secretary of the Navy yesterday afternoon
bill OF objections to the findings aud
opinions Of the Sehley Court OF Enquiry.
Representative Schirm yesterday intro
.;uced in the House bill providing for
the continuation to Admiral Schley of the
pay Of an active rear admiral. The reso-
luton reci;cs that he was in command
at the battle OF Santiago. and entitled 10
The honor fer that glorious victory. ard
that the restoration to the pay Ct an ac-
tive rear admiral is in recognition OF his
distinguished services.
schIey Demands Oral Henrinr.
Admiral Schley's letter to the Secretary
reads:
lin regard to the reported intention
of Rear Admiral W. T. Sampson, L. s.
~, by his counsel. 10 file, with your cor
sent, protest against your approval OF
that portion OF the dissenting opinion OF
Admiral George Dewey, L. S. ~, to the
majority finding of a court of enquiry re-
Gently held. and before which / was the
applicant. wherein the question of com
membership of the American naval forces
during the battle of Santiago is decided
in favor OF Commodore W. S. Schley, L.
S. ~, and credit for the victory wcn in
that battle accorded TO the said Corlmo-
dore Sehley. / have the honor to most
respectfully request as follows:
2-That II such a protest Is filed with
you and by the said Rear Admiral w r.
Sampson. u S. N. may be given an op-
por,unity to present through my counsel
oral argument against such protest.
Summary Of Bill of Exceptions.
The bill Of exceptions as filed by Ad-
miral Schley is voluminous document.
Following is a synopsis:
Admiral Schley objects to the approval
of the findings of the court upon the
ground that the opinion rendered and the
report OF facts made by the majority of
the court are in conflict with the over
whelming weight of evidence, and that the
majority OF the court have ignored the
testimony OF the applicant and of the
whole of the applicants witnesses. and
all that portion OF the evidence given by
witnesses for the Government which was
favorable to the applicant and has thus
depriFed him OF rights guaranteed to him
by the laws OF the land and the Consti-
tuition OF the United States on these
grounds:
Trip From Key West Not nn Issue.
That there was no specification cover
ing the voyage from Key West to Glen
fuegos, upon which the majority of the
court condemned the applicant.
That communication with the insur-
gents as a result of the McCalla memo
randum was impossible. because that pa
per did hot indicate the location of the
insurgent camp.
That there was overwhelming testimony
that the applicant did maintain a close
blockade of Cienfuegos, and the judge
advocate substantially abandoned any
charge to the contrary.
That the majority OF the court ignored
Che fact that Schley sent the steamer
Adula into Cienfuegos to get Information
respecting the Spanish feet
Court Ignored snmpson's Orders.
That the majority of the court ignored
SIMPSONS letter to Schley-the construc-
tion was agreed upon in argument OF the
case-thst it imperatively ordered Schley
10 hold his squadron of Cienfuegos.
whether the Spaniards were or were not
in that port.
That the majority of the court ignored
the admitted fact that the commander of
the Eagle did not report to Schley the
situation at Cienfuegos. and that Captain
Evans did not inform Schley of the signal
lights seen on shore there.
That the majority Of The court declared
that signal lights were seen on shore on
night OF May %. Nhereas the evidence
owed that lights were seen only on the
light OF May %.
Disproved Charges Ignored.
That the majority OF the court ignored
the charge that schley failed to mask his
movements in leaving Cienfucgos. despite
The fact that the charge was entirely dis
proved.
That the majority of the court assumed
that Schley was Informed before leaving
Cienfuegos that ships could be coaled at
Cape Cruz and Gonivas Channel. and the
applicant respectfully denies that there
was any such positive testimony
Cnptnin sigsbcc's Report.
That the majority OF the court ignored
the testimony that Captain Sigsbee re-
ported that the Spanish fleet was not in
Santiago. and also declared the failure of
Captains Wise and Jewell to give to
schlcy information they had regarding
the Spanish feet.
That the majority OF the court are in
error, according 10 tie eyid nee, in stat
ing that conditions were "a .orable from
May 2s TO June l for coaling at sea.
That the tables prepared by Government
,xperts showing the coal supply at the
inc Of the reirograde movement with
reference to the ships proceeding at full
speed with forced draft were not even re-
erred 10 In the report Of facts.
Department Orders Not Weighed.
That the majority OF the court made no
reference TO the Departments orders for
lliIdinn the hn rlii,,n ~ Arnnr.Innn ahira