New-York tribune., 1901-12-19
THE BILL OF EXCEPTIONS.
GROUNDS ON WHICH sCHLEY OBJECTS
TO THE FINDINGS OF THE COURT.

Washington. Dec 1s-The text Of the bill Of ex-
ceptions filed by Admiral Schleys counsel is fol-
lows:
washington. d. G., Dec IS. 1901
Winfeld Scott scfiey rear admiral United States
Navy Getired the applicant before Sour' 1nitad n
States Navy is president. and Rear AlrnlEaiS an
=: os, r,e-1hers and Captain sam
ue G. Lernly United states Navy judge advocate
The indings OF the court upon the ground that the
rhe m4fority of the court are in conflict win the
overwhelming weight Of evidence, and that the ma
N me anncsnts Witnesses and ali that portion OF
the '" evidence given by witnesses the govern
Inent which was favorable to the appHcanl ana 10
have thus deprived him OF rlgnts sudrd4nts5eu -
him by the laws of the land and the constitution OF
the United States: and Jhe ] aPPItanff ny Ei aid o.
the following grounds IN support OF MS 9ai1 ''
JeEgol The majority of the court have given their
oItodH id -itb tbe utn10sT dispatch OFF Cienfuegos,
Ehen there was no specification covering TINS suO-
ject and when the applicant did not nave -
dence in reference thereto. and when the only eIi-
denc- taken BY the court or TINS + SuoJeo' "'9 -
second-The majority OF the court have held mat
mUnication with the insurgents at the place desiY
mated in the memorandum oy Co9naae9ET nan 59T ~ ~ If
fS9S when. fact there was no place InenIotlel t
in said msmoTandgm mas as Iossqsd Seing place at "n'n L
the opinion stated in the foregoing paragraph with
out regard TO the fact, which was proved oS Sei5 ~
McCana menorandurn was 1i, Se4t 20 y-fIf tne IN
Schley only I9r use III ~ Cio srrsin batteries
al or being constructed in. the vicinity OF lne en-
nv The order No 6 dated May 49, 1898 and sent to-
Commodore Schley ; admiral SanpSol.- l. f.,,,
rendered hold that Commodore Schley should have
by over hslnling teslRoy' of that @ mort was main
tanned the Judge advocate having 1uOS'an'laiAs
abandoned any charge TO the contrary
THE, ADI-LA INCIDENT
rendered have entirely ignored the uncontradieTfd
testimony proving that the BritlSn steamer Ei A1s
was permitted to go into the haroor OF ClenIuesoS
i'm order that information might De ootained'
thGougn + heg 5orf T it bsvne been Clearly estab-
shed the captain of the SAID BrItlsn SteaIler
given him TO enter the port that he would bring
his ship out in fewer than twenty-four hours ana
furnish the information desired
sixth-The majority of the court in. the opinion
rendered have entirely failed to refer TO Dispatch
No I. admitted to have been sent by ADMIRAL
Sampson to Commodore SGhley the oSlTuctloh S ol
case to-wit. that it was an Imperative order for
fuegos. whether the Spanish fleet was or was not
IN nso majority OF the court in the opinions
rendered have entirely ghored The adnl'9ed @ ISSS
municate the situation at Cenfuesos 10 Commodors
STnteS sSStbTbe majority of the court in the opinions
rendered have entirely ignored the uncontradicted
= syidsnSe n h t9 meaning Of the signal lights on shore
AZ CsniusgG3S; fa5tsd fbe TO TO ommodoTe shsy
uo TL ma iority OF the court in the report or
facts submitted declare that the signal lights on
SrSiev on the night of May % 1895. when in fact
the overw wheIming weight OF both oral and docu-
rnentary evidence proved that C0In1Ilodore SchIey
saw nd had knowledge OF these nshtS only on the
night of May g. and at no other time
TTenth-The majority OF the court IN the OPINION
rendered are silent the subject OF the following
charge preferreds by the Judge advocate against
Commodore Schley during the progress of the III
yestigation namely. that he did not mask his move
C,anfTegos but by using Ardois signals he revealed
the destination Of his squadron to the enemy on
shore despite the fact that by ming weiSns
of testimony this charge was entirely dlsproved
THE RETROGADE MOVEMENT.
EIevsnth-The majority of the court have basef
their opinion reference to the retrograde move
ment upon statement made in their report OF Iacts
fuegos received reliable informa ton that shlpS
could be coaled in the vicinity of Cape cruz ana
Gonaives Channel and 1t IS now respect1uIy dealSsa
that there any such positive testimony IN this
witness with one exception. VINO was
examined on the subject dfsavOwed all knowledge
in reference thereto, and the uncontTaucteG tsst-
mony of Captain F. 2. Cook establishes the fact
that the official charts with which the nagsnlp
Brooklyn supplied. and upon which CoFnrnO-
showed coaling at Cape Cruz 70 De neither Ieslnle
nor practicable. and the records clearly show that
not until May q, three days after leaving zen en-
fuegos when Captain Charles 5. Cotton visited the
flagship Brooklyn. did Commodore Scnley receive
any definite information concerning the feasibility or
practcabity Of coalins his ships from coIier IN
wholly ignored by the majority OF the court IN
their said report of facts.
Twelfth-The majority OF the court n Staung n
ts report of facts that Commodore Schley received
no positive information from the scout Shtps as
to the presence OF the enemys heet IN the naEoor
tfrnony in proof OF the fact that Captain G D.
Sigsbee did actually report to Commodore Scnleys