The Minneapolis journal., 1901-12-18
SCHLEY CONTENDS
Exceptions to the Findings of
the Majority of the
Court.
Claim That Admirals Benham
and Ramsey Are
All Wrong.

Washington, Dec 1S.-Admiral Schley,
late this afternoon, through his counsel
presented to the secretary of the navy ms
bill OF exceptions TO the findings OF the
majority of the court of inquiry The Dill
claims that the majority of the court gave
their opinion that Commodore Schley
should have proceeded with the utmost
dispatch off Cienfuegos, when there was
no specification covering this point and
without giving the applicant an oppor-
tunity to furnish evidence on 1t.
The fact that no place was mentioned
in what Is known as the McCalla memoir
andum for meeting the insurgents Is re-
garded as a paramount reason why COM
munication was not held with the insur-
gents and, further, that the said mem
orandum was sent to COmomdore Schley
only for use in connection with the IN
formation which it contained relative 10
certain batteries at or being constructed
in the vicinity of Cienfuegos. The bill
further contends
Overwhelming evidence was presented to the
court to show that a close blockade of Glen
fuegog was maintained. The majority of
the court entirely ignored the uncontradicted
testimony proving that the British steamer
Adula was allowed enter Cienfuegos to OBJ
tain information regarding the Spanish fleet.
The order of Admiral Sampson, known as No.
Z was imperative order for Commodore
Schley to hold his squadron off Cienfuegos,
whether the Spanish fleet was in that harbor
or not. The majority of the court have
ignored the admitted fact that the commander
of the Eagle did not communicate the situa-
ton at Cienfuegos to Commodore Schley.
They ignored the fact that Captain Evans
failed to communicate to Commodore Schley
they meaning of the signal lights on shore
at Cienfuegos. Commodore Schley, as proved
by the evidence, had no knowledge of these
lights until the night of May %, 1898
The majority Of the court are silent in their
reference to masking the movements of the
flying squadron in front of Cienfuegos. The
majority based their opinion as to the retro
grade monument upon a statement that Com
modore Schley before sailing from Cienfuegos
had reliable information that ships could be
coaled in the vicinity of Cape Cruz and Con-
aives channel, whereas it is denied that there
was any such positive information, and the
records show that not until three days after
leaving Cienfuegos did Commodore Schley re-
ceive definite information concerning the feas-
ibillty or practicability of coaling ships from
a collier in GOnaves channel
The majority erred in stating that Commo-
dore Schley received no positive information
from the scout ships to the enemy's pres
ence in Santiago harbor, because Captain Sigs-
bee had reported to Commodore Schley that
the Spanish fleet was not in that harbor.
The bill denies that the conditions of
wind, sea and weather from May &c to
June 1 were favorable for taking coal from
a collier off Santiago. 1t also claims:
The coal charts submitted in evidence show
ing the chasing capacity of the flying squad
ron have been ignored. No reference has been
made to the orders of the secretary of the
navy forbidding the hazarding of American
ships against shore batteries The majority
opinion failed to contain any reference to
IL.
although covered in the specifications. The
demonstration made by Commodore Schley
before Santiago May 29 and 30 was predeter-
mined and executed solely as a reconnais-
sance and not as a formal attack upon the
Colon or the other vessels in the harbor.
The Retrograde Movement
The majority report Of the court is ambigu-
Gus with respect to the loop of the Brooklyn
in that it holds that said loop was made to
avoid getting into dangerous proximity to
the Spanish vessels, without stating whether
such act was due to personal fears of Com
modore Schley or his desire to preserve the
ship intact and ready for further work The
Majority Of the court entirely ignored the
overwhelming testimony in arriving at the
opinion that Commodore SchIey erred in COM
mencing the engagement on July with the
port battery, and that the Brooklyn did not
lose either distance or position with the
Spanish ships in making the turn. The ma
tority opinion is ambiguous upon the subject
Of the backing of the Texas in that it does1
not state whether the danger of collision was
real or imaginary. Captain Cooks testimony
On this point was entirely ignored. The find
ing in the HodgsOn testimony has been re-
peatedly contradicted in the testimony
The majority opinion that Commodore
Schley's conduct was characterized by vacil-
lation, dilatoriness and lack of enterprise is
DO cd hIyf fba avid
majority opinion is entirely silent upon
charge by the judge advocate, coming within
the puryiew of the first specification that
Commodore Schley was derelict in the dis
charge Of his duty. The majority of the
court entirely failed to determine who was
commander-in chief in the battle of Santiago.
which finding was necessary to determine the
first specification of the precept as to the
conduct of Commodore Schley
The majority of the court have rejected the
whole of the testimony on behalf of the ap-
plicant and the testimony of the applicant
himself, and by so doing have perverted the
ends of justice and deprived him of his com
mon law and constitutional rights. He has
been found guilt upon specifications substan-
TALLY abandoned by the judge advocate and
the testimony of few hostile witnesses has
been made prominent.
The bill concludes with the statement
that the proceedings of the majority of
the court were irregular; that Admiral
Schley's rights have been prejudiced and
his testimony in many particulars not
considered and that the evidence is abso-
lutely insufficient to sustain the opinion
which has been rendered, and that there
fore grave and irreparable injustice has
been done Admiral Schley.
Admiral Schley. through counsel, has
also served notice that if Admiral Samp-
son objects to the finding of Admiral
Dewey he will claim the right ODE heard
in reference to such objection In regard
TO the last claim. Secretary Long informed
counsel that it was not the practice of the
department to have oral hearings on mat
terS of this kind Ha infjuatod tho+ bo