The age-herald., 1901-12-19
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spite the fact that by overwhelming weight of testimony this charge was en- tirely disproved.
 I'll. The majority based their opinion in reference to the retrograde movement upon a statement made in their report of facts that Commodore Schley De- fore sailing from Cienfuegos. received re- liable information that ships could De coaled in the vicinity of-Cape Cruz and Gonaives channel and it is now respect fully denied that there was any such positive testimony in this case; every witness with one exception who was ex- amined on the subject disayowed all knowledge of reference thereto and the uncontradicted testimony of Captain Cook establishes the fact that the of- ficial charts with which the flag ship Brooklyn was supplied and upon which Commodore Schley was compelled to rely for information showed coaling at Cape Cruz to be neither feasible nor practica- ble and the records clearly show that not until three days after leaving Cienfue- gos. when Captain Cotton visited the Brooklyn did Commodore Schley re- ceive any definite information concerning the feasibility of coaling from collier in Gonayies channel all of which facts have been wholly ignored by the major ity of the court in formulating their re- port of facts.
 Captain sigsbee's Report Ignored.
 '12 The majority, in stating that Com modore Schley received no positive inIor- nation from the scout ships as to the presence of the enemy in the haroor or Santiago, utterly ignores the overwhelm- ing testimony in proof of the fact that Captain Sigsbee did actually report to Commodore Schley and to others that the Spanish fleet was not in the harbor of Santiago.
 '13 The majority's report and opinion are entirely silent on the subject of the admitted failure of Captains Wise and Jewell to communicate information they had received in reference to the presence of the Spanish fleet in the harbor of Santiago to Commodore Schley.
 "A That the report of facts submit ted to the court states that the condi- tions of wind, sea and weather from noon on May 26 to June 1 were favorable for taking coal from collier at sea off Santiago, when this statement has been directly controverted by the evidence of the witnesses for the government.
 '15 The tables prepared by govern ment experts and admitted in evidence before the court, showing the coaling sup plies with reference to their chasing ca- pacity, proceeding at full speed, with forced draft. have not even been advert ed to in the report of facts.
 '16 There has not been the slightest reference made by the majority to the orders of the Secretary of the Navy, proved in evidence, forbidding the haz- arding of American ships against shore batteries, and the court has decided against the applicant upon the seventh specification of the precept without in the slightest degree referring to this inn portant evidence.
 Failed to Mention Blockade.
 "17 The majority failed to give an opinion as to the character of the block ade off Santiago, although the same was included in the eighth specification of the precept, and by specific direction the court was obligated to give an opinion thereupon
 '1S. The majority opinion that Commo- dore Schley should have endeavored to capture or destroy the Spanish vessels at anchor near the entrance of Santiago has been reported, and that he did not do his utmost to capture or destroy the Colon and other vessels of the enemy on May 31 is wholly at variance with the orders under which Commodore Schley was dctlUB' DeIOTc OdHlidBO, ooi0 NSiot as is attested by No. 8, sent by Admiral Sampson to Commodore Schley, Destrict- ing his operation to the establishment and maintenance of blockade of the port of Santiago if the enemy should be found therein: and also said opinion is utterly and absolutely at variance with the overwhelming weight of testimony which, clearly established the fact that the affair of May Sl was predetermined upon and executed as reconnaissance and not as a formal attack upon the Spanish vessels nor upon the land bat teries at the entrance of the harbor of Santiago.
 '19 The majority opinion is ambiguous and indeterminate in that the courts holds the turn of the Brooklyn to star board was made to avoid getting her into dangerous proximity to the Spanish ves- sells, without stating whether evasion of such dangerous proximity was due to the
 fContinued on Second Pa1el