Daily Kennebec journal., 1901-12-21
THEY STILL ARGUE.
LemIy and Hanna File Report
on Sch|ey's Objections.
# Sec. Long Approves, SchIey Will
Appeal to President.
Sampson Finds Almost More Fault Than
SchIey With Courts Verdict.

washington. Dec. 20.-Judge Advo-
cate Lenly and Solicitor Hanna. this
afternoon, submitted 10 Secretary Long
thelr report upon the bill of objections
iIled by Admiral Schley, through his
counsel 70 the findings of the Schley
court Of inquiry In substance this re-
port IS an argument supplementary TO
the argument made by the writer's be-
lore the court of inquiry. The princi-
pal points are an insistence upon their
contenti On that the first report is the
unanimous report of the court of in
quirv and that the court was justified
I'D rejecting Admiral Schley's evidence
nv the number Of witnesses who took
issue with him and that there is no
Sufficient reason for a re-opening of the
case as requested by Admiral Schley.
Secretary Long has not yet acted
upon the report but is expected to do
50. tomorrow. If adopted the report
VIII be forwarded to Admiral Schley.
The report is as follows:
Washington, Dec. 20.
Sir-A communication dated the 18th
inst. signed by Rear Admiral W. S.
Schley and BY Isador Rayner and
James Parker. his counsel. obiecting
~ the approval Of the findings OF the
court Of inquiry in the case Of Rear
ADMIRAL Schley and asking particularly
that what The signers are pleased to
term the opinion of the ma iority of
the court be remitted to the court for
further consideration has been received
IN the department reference and is
returned with the following statement:
II is somewhat difficult to deal with
inns nj Al
and non-specitic character and sweep
ing though unsupported assertion of
opinion ny the applicant and his coun-
~el that, in their judgment. the adverse
iLding o1 the court is not justified by
the evidence. The paper might be dis
missed as simply not unexpected ex-
preston Of dissatisfaction with an ad-
verse Judgment. but for the fact that
il contains a number of mis-statements
ana particularly has woven throughout
i5s entire str cture an inaccurate and
misleading" use IF the words major
ity OF the court
The findings of fact and the opinion o,
the court of inquiry in the case OF Adj
mirdl SchleY upon the more important
and material points before il, were not
reached by q majority Of the members
only. but by the entire court. The points
Of the preCept upon what the member,
ot the court unite appear to be incontro-
vertibly established by the evidence. I,
is not understood how any other conclu-
siOns could have been reached upon them
and they constitute the essential features
of the entire matter under inquiry.
The evidence adduced before the court
shows:
Under the fourth clause Of the precept:
That On the 18th day Of May 1885, when
within a few miles Of Santiago 10 which !
point he was under order TO proceed with
the utmost dispatch and where he was
advised that the enemys fleet was re
ported 20 be. and where in fact il ac-
tually was, Commodore Schley turned
a bout with the fleet under his command
OF some Of the best vessels Ol
the American navy, nnd headed for !.
home port more than 100 miles distant,
without sufficient reason or excuse for
such action. taking with him at the same
time the scouting vessels the department.
had sent there to watch the entrance,
and leaving the port of Santiago. with
he enemys fleet inside, unguarded. Upon
his point the court says in its opinion
he should not have made the retrograd,.
turn westward with his squadron" In
he face Of the facts the court could NOT
rave found otherwise.
Under the fifth clause of the precept:
That while thus abandoning the field
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