The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-12-27

him to come within tho purvleW or tho
ffst specification; to Wit: That the
said Commodore Sohloy was dorolios in
tho discharge Of his duty and unmind-
full Of the relogaaions for tho govorns
ment Of the navy Of the United States
in that he did not prescribe and pro.
mulgaso antioip,tory orders Of battle.
rs, Tho majority Of tho court have
onsirely failed to determine as to who
wan ia oolnmapd Of the American naval
forooa engaged Ia the battle OF San.
tisso, tho fading Of WHOM faol was sb.f
solutsly NECESSARY in ordorto dotesmins
properly the first specification Of tho
procept as TO the conduct Of Coplmo.
dore Sohloy in connection With sho
evants Of sho Santiago campaign.
~. The msjo1ity Of tho court havo
..ajtcted tho Waole. Of tho tostimony Of
fsred on behalf Of tho appliOsns, and
have Tot aavGrsed to auoa testimony
and hsvo entiroly ignored ihe testinlony
Of tho appllcAns himselt, who WAS on
the staLd ior many hours aud subj otsd
TO tho mogt searohing exsni3DaalUe and
by so doing they hspe perverted the
ondB OF justice. That il this ssatim ony
WaB all false they should bsvo so an:
nouhocd, and il ali or any part Of it
Was truo tho said applicant was entitled
to the boneat Ii and by decinins TO
consider or psSj upon il they hayo ds.
pfiVoo him Of lGB e)mmon law aGd con.
ssi,utiohal riguta.
20. Ihst tho majority Of tho oouft
found tho spElioans guilty upon npsoi
iostions which were substantially
abandoned BY the judge aagocaso, aa
will sppoer from ergumans in tho case
~. That the whole proceedings bhoH
that the majority Of tho coart, in the
opinion and repors Of fac.H rendered,
have aeleotod sho testimony Of few
hoatllo witnesses and upon Shat teati
moRy have based tho said op,nion And
report Of facts, discarding all tho other
testimony ia tho oase without making
the slightaat rofoseaee to il, as they
were diyeotod by tho preaopt SO do. .
~. The applicant, benides the res
sons horein giyon, hopss to be able dur
Ing she furth Investigation Of the in
quiry to adduoo other aesiouu end i'm
portant rseaons why the ms jofity opin.
ion OF the oourb ehould NOT bo ap-
proved.
81. Inc applloant 10 prepared to
ahow thas the whole proceedings upon
tho pers G. the msjority os the court
have boon entirely irregulas; that his
rights havo been prejudicsd and IT,
nored; thas hla testimony in many moro
particulars than havo beoniheroin oited
has not heen considered. and that the
evidence is absolutely insuftioieu TO
sustain the opinion which has baon
rendered by tho majority Of tho court,
that q grave injuEtioo han been oommit.
ted, which would become irtep.rablo
aud become perpotuated unless thip
opinion Of tho msjority,of the court
should bo disapproved.
Wherefore tho said spplicaut most
respectfully preyp that approval Of the
opinion Of tho majority OF said ouurt Of
inquiry be withhold and thst said opin-
ION besdisapptoyod! end 1 .shas hs may bo
ssTords his x nz iari I'D & :llays s.tha
teatin,ony OF aecofd OF III, II $Ss ais
Witnesses properly oohsldeTed h aud
passed upon, and that he DO given ot,oh
othor aud further relief ed he lie ontitlod
to in the promiBos:
w. 8. Sohlcy,
| Rear Admiral q. s. N: N.:(Retirsd,
Isidor Rsynor,
| Jsmea Parker, i
Counsel for tho Applicant.