New-York tribune., 1901-12-21


Under the seventh clause Of the precept: The evi-
qence ger adduced before the court shows that during
Colon and other vessels of Sle he Spanish Sp MsS sae saon
moored m as G a to Santiago Harbor the Colon
that this harbor defended by weak batteries
squadPo1 pon fheTe 1e n9hng to the Flying
other OF the eneny's vessels they lay at anchor:
18th on the 0fh Of May and that o the 81 attempt
maze M on the S!st was brief and abortive. 1t is com
toned that certain cautionary orders issued by
ferred to by the court. These caufionafy orders
We're introduced in evidence and fully discussed N
had no application to the conditions existing al
ad1g S on f the 18Th @ and Sst Of NAY and the
have endeavored to capture destroy the Spanish
HaTbor on May g and 80 and that he did not DO
his utmost with the force Under, his command to
the enemy. which he attacked on May 81 show
It may very properly be added that the claim of
the applicant and counsel that the affair of May 81
borne out by the evidence for, While testimony
we was INTRODUCED ] to show that it was so designated
cadet and with newspaper correspondent prior to
of the vessels engaged were so advised and no in
strucons were given relative to the taking of notes
on the contrary informed in effect that the pur-
Of to the nr2s he of he ans tbe
instructed accordingly by the commodore in person.
THE BRooKLYNs LOOP.
dence adduced before the court, from the bridge
ae @ fro ahe engine eng rIo' showing e mat the %
hsion with the Brooklyn is indisputabfe; that dan
position by the Brooklyn were the Immediate
suits of the loop by the latter vessel is toe
the upon this point is fully sustained by the
evidence.
THE HoDGsoN CoLLoQUY.
U1d the m Gaose qt the fgs court 1T @
la fer l1GalIy
Schley obtained from Lieutenant Commander Hodg-
categorical statement that certain 'colloquy' re
ported IN the public press TO have taken place on
sef e and s schsg
es Na as PRe We're int
that the admiral gave out for cat mt the ,1is fate
accompanying explanatory and qualifying, letter,
and that subsequently, although, repeatedly ap-
do justice in the matter.
a ebex Of d he agoef o en- co
mander A. C Hodgson in publishing only portion
of the correspondence which passed between them.
The perusal of the correspondence in this case
is sufficient to show the correctness Of this finding
not be and ought not to be modified
UNANIMOUS FINDINGS OF THE COURT.
embrace substantially the important matters COW
cred by the inquiry, the court is united, and its
unimpeached and unimpe chable testimony of Com
and under him: by offciai teiegrams. letters and
reports and by the logs Of the several vessels Of
remit these matters to the same body for recon-
sdeFso9 upon the same eTidenSe br 70 saw that
the foregoing principal points covered by the IN
of the court in all respects or substantially
unanimous; because the truth is that the court is
unit upon all points, except those as to which the
Admira! expresses Individual. but not in all cases
good purpose would be served by asking the court
TO reconsider these
AS TO IGNORED" EVIDENCE.
Of the term the majority OF the court" the next
broad and sweeping fashion in which the applicant
and his counsel declare that the court has zig
sentence is the following from Paragraph q. al
the is Largely h up Of Of ,be secn court 1
have rejected the whole Of the testimony offered
such testimony and have entrey ignored the tes-
umSay mon & Of the applicant hinself ~ ,s.
Since that date its members have been, with rare
exas the t de9e bedpe be an9 a
sworn duty to consider and weigh that evidence,
say that they have disregarded it. -
2 and elsewhere in the objection that the tes-
5imony of the applicant himself has been ignored.
the testimony Of the applicant alone upon direct
facts generally Of dilatorness vaciIlation and want
Of energy at Cienfuegos and throughout the entire
ticuiars OF. the retrograde movement: the dis
46edeRce OF orders; of the Inaccurate and misead-
the Colon: injustice to Lieutenant Commander
Hodgson and some minor matters. The facts OF
these points were all substantially confirmed by
a@ppLcants app own testimony; so that, far from ignor-
ing such testimony, the court may have based its
most important findings thereupon:
But the court has perfect right, after weighing
II, TO ignore any testimony. Neither the applicant
ms counsel nor the judge advocate IS to say what
These matters may be argued, but their final de-
termination is the province OF the court
IT happened In the present inquiry that the ap-
or in part directly or Indirectly testimony given
py a majority of the witnesses By way OF par
nony at variance with that of the following wit
Eesses: Rear Admiras Cotton, Evans and Taylor;
WICK VIC commanders Rodgers, Wainwright. Schroeder
ana Heilner; Leutenal 1t Commanders Hodgson
Southerland, Sharp, Marsh and Wood; Major
Wood, United States Marine Corps; Lieutenants
HOOD Reys and others. In most cases these wit
nesses testified affirmativey to the incidents of
which Commodore Schley had no recollection
portance-and they generally were-it was not only
Ihe rght put the duty Of the court to accept the
nlony with such decision. Every court must do
this when occasion arises, and such action con-
sututes no ground for remanding the for
Some of the minor risstatements Of fact above
re5erfed TO as appearing in the paper under n
sIoeraton are the statement in Paragraph l that
there was no Specification covering the voyage
from Key West to Cienfuegos when this point is
In fact covered by the first and in part by the
second clause of the orecent. the comnIai1t in
Paragraph Of the paper, that there was no place
mentioned in the McCalla memorandum at which
is that the court does say that there was such
place, but correctly paraphrases the nemoran-
gum; the statement that the McCalla memoran-
uuin was sent 10 commodore Schley only for
In connection with the matter of batteries at
ClenIQegos, and the statements in Paragraph and
eiseWhere that the Judge Advocate had substan-
TALLY made certain admissions, whereas the fact
is that the Judge Advocate made no admissions re-
specting matters under inquiry executing the fest
first 2oFf he