The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-12-19

washington, Dec. Is. Admiral
Schley, through his counsel, to-day
filed with the Secretary of the Navy
the bill of exceptions to the majority
findings of the court of inquiry, and
also a letter asking to be allowed to
be heard in connection with the objec
tions to be filed by attorneys for Ad-
miral Sampson to the individual opinion
of Admiral Dewey. This action was
taken after Mr. Rayner. Mr.. league
and Capt. Parker of counsel for Ad-
miral Schley. had held a consultation
throughout the day with their client.
Secretary Long, almost Immediate
ly after the receipt of the communica
tions, called Judge Advocate Lemly and
the solicitor for the department Mr..
Hanna, into conference. At its con-
clusion the secretary said he had no
statement to make regarding any ac-
ton that he might taken in the prem
ises. He, however, indicated to Mr..
league. through Capt. Lemly, that he
would not hear an oral argument by
Mr.. Rayner regarding Admiral Samp-
sons protest. but that he would re-
ceive a written statement.
1t was expected that counsel for Ad-
miral Sampson would file their objec-
tions to the findings of Admiral Dewey
in the case to-day, but it is now stat
ed that such objections may not be
offered before Friday.
The bill of exceptions objects to the
approval of the findings of the court
upon the ground that the opinion rem
dered and the report of facts made by
the majority of the court are in con-
fict with the overwhelming weight of
evidence; and that the majority of the
court in their said opinion have ignor-
ed the testimony of the applicant and
of the whole of the applicants wit
nesses. and all that portion of the evil
dence given by witnesses for the gov
ernment which was favorable to the
applicant, and have thus deprived him
of rights guaranteed him by the laws
of the land and the constitution of the
United States.
The bill assigns the following
grounds in support of the objection:
SchIey's Position Set Forth.
EHSl. Inc HdJOiiNy Vi tAN NCAi =
have given their opinion that Commo-
dore Schley should have proceeded with
the utmost dispatch off Cienfuegos
when there was no specification COW
ering this subject, and when the APP
plicant did not have sufficient oppor-
tunity to bring in proper and convinc-
ing evidence in reference thereto; and
when the only evidence taken by the
court on this subject was directly con-
trary to the opinion rendered.
Second. The majority of the court
have held that the applicant should
have endeavored to open communica-
ton with the insurgents at the place
designated in the memorandum by
Commander McCalla delivered to him
on the morning of the 23d of May, 1898,
when. in fact, there was no place mem
toned in said memorandum as being a
place at which a camp of insurgents
was located.
Three. The ma jority of the court
have arrived at the opinion stated in
the foregoing paragraph without re-
gard to the fact, which was proven by
an overwhelming weight of testimony,
that the said McCalla memorandum
was sent to Commodore Schley only for
use in connection with the information
it contained relative to certain bat
teries at, or being constructed in, the
vicinity of the entrance to the harbor
of Cienfuegos. as is attested by the
order No. g., dated May 10, 1S9S and
sent to Commodore Schley by Admiral
Sampson
Contrary to the Evidence.
Fourth. The majority of the court
In the opinion rendered hold that Com
modore Schley should have maintain
ed a close blockade OF Ctenfuegos,
when, by overwhelming testimony, 1t
was proven that a close and effective
blockade of that port was maintain
ed, the Judge advocate having sub
stantially abandoned any charge to
the contrary.
Fifth. The majority Of the court
IN the opinion rendered have entirely
ignored the uncontradicted testimony
proving that the British steamer Adula
was permitted to go into the harbor
of Cienfuegos I'm order that informa-
ticn might be obtained through her
as to whether the Spanish fleet was
then in that port, 1t having been clear
~ established that the captain of the
said British steamer Adula promised
and agreed, before permission was
given him to enter the port, that he
would bring his ship out in fewer
than twenty-four hours and furnish
the information desired.
Sixth. The majority of the cot.-t in
the opinion rendered have entirely
failed to refer to dispatch No. Z, adj
nitted to have been sent by Admiral
Sampson to Commodore Schley. the
construction of which was agreed upon
IN the argument of the case, to wit:
that II was an imperative order for
Commodore Schley to hold HIS squad
ron off Cienfuegos whether the Spanish
feet was or was not in that port.
Seventh. The majority Of the court
IN the opinion rendered have entirely
ignored the admitted fact that the
commander Of the Eagle failed to COM