The daily morning journal and courier., 1901-12-19

acting before Santiago, said orders, as
 is attested by No. s, dated May 21, 1898 and sent by Admiral Sampson to Com- modore Schley restricting his operation to the establishment and maintenance
 of a blockade of the port of Santiago, if the enemy should be found therein;
 and also said opinion is utterly and ab- solutely at variance with the over
 whelming weight of testimony which clearly established the fact that the af- fair of May 31, was predetermined upon and executed as a reconnaissance and not as formal attack upon the Span ish vessels, nor upon the land batteries at the entrance of the harbor of Santia- go..
 19-The majority of the opinion of the court is ambiguous and indeterminate in that the court holds the turn of the Brooklyn to starboard was made to avoid getting her into dangerous prox- unity to the Spanish vessels, without stating whether evasion of such dan gerous proximity was due to the per sonal fears of Commodore Schley or to desire on his part to preserve the ship intact, and ready for further work in the effort to win a victory from the enemy.
 20-The majority of the court has en- tirely ignored the overwhelming testi- mony submitted in the case in arriving at the opinion that Commodore Schley erred in commencing the engagement on July 3, with the port battery the evi- dence in the case clearly establishing the fact that in the execution of the ;,,rr z,.I~ tn pn1a iy, md ott or1y in harbor entrance" it was impossible for the Brooklyn, without turning away from the enemy, to open the engage ment except with her port battery; and the evidence also clearly establish es the fact that the turning of the Brooklyn in the manner and direction in which she did turn, did not cause her to lose either distance or position with the Spanish vessels, the contrary opin- ion of the court upon this subject being arrived at only by disregarding all of the evidence offered in behalf of Com modore Schley.
 21-The majority opinion of the court is ambiguous and indeterminate in that while stating that the Brooklyn's turn ing caused the Texas to stop and ito back her engines to avoid possible col lision,' does not state whether the dan ger of such collision, as comprehended by the ninth specification of the pre- cept was real or imaginary, whereas the overwhelming weight of testimony clearly established the fact that at no time was there danger of collisi be- tween the Brooklyn and the Texas.
 22-The testimony of Captain F. F. Cook, witness called by the judge ad vocate in reference to the proximity of the Brooklyn to the Texas at the time of the Brooklyn's turning, has been ig- nored and not even adverted to in the statement of pertinent facts.
 23-The majority of the court have assumed that the testimony of Lieuten- ant Commander A. c. Hodgson, not it's repeated contradiction in reference to the alleged conversation the proximity of the Texas at the time of the Brooklyn's turning, is true, and have entirely ignored the tes- timony of Commodore Schley and Cap l tain F. F. Cook to the contrary, with | out even referring to it in their state | ment of pertinent facts.
 24-The majority opinion of the court 1 that Commodore Schley's conduct in i, with the events of the san tiago campaign, prior to June 1, 1898, was characterized by vaccilation, dila- .oriness and lack of enterprise, is in no wise justified by the evidence submitted n the case, and could only have been arrived at by the action of the court in wholly ignoring all of the evidence of Commodore Schley, all of the evidence If witnesses summoned in his behalf, md all that portion of the evidence of witnesses called by the judge advocate which was favorable to the said Com nodore Schley.
 25-The majority opinion of the court $ inconclusive in that it is entirely sl- ent upon charge preferred by the udge advocate during the course of the public investigation and claimed by him o come within the purview of the first specific action, to wit: That the said Commodore Schley was derelict in the discharge of his duty and unmindful of he regulations of the government of he navy of the United States in that he lid not prescribe and promulgate an- icipatory orders of battle.
 26-The majority of the court have | vas in command of the American naval orces engaged in the battle of Santia- O. the finding of which fact was abso- utely necessary in order to determine the first specification of the recept as to the conduct of Commodore chley in connection with the events of he Santiago campaign. 27-The majority of the court have re- , ected the whole of the testimony offer on behalf of the applicant and have ot adverted to such testimony, and ave entirely ignored the testimony of , ne applicant himself, who was on the tand for many hours and subjected to :, 1e most searching examination; and y so doing they have perverted the ', nds of justice. That, if this testimony 'as all false, they should have so an- ounced, and, if all or any part of it ] as true the said applicant was enti-