Daily Kennebec journal., 1901-12-19
ADMIRAL SCHler.
Continued from page l.)

Spanish fleet was not in that harbor.
The bill denies that the conditions Of
wind sea and weather from May IS 10
June l were favorable for taking coal
from a collier off Santiago: it claims also
that the coal charts submitted in evil
dence showing the chasing capacity %
the flying squadron have been ignored;
that no reference has been made TO the
orders of the secretary of the navy for
bidding the hazarding of the American
ships against shore batteries that the
majority opinion failed to contain any
reference to the character of the block
ade of Santiago although covered in the
specifications that the demonstration BY
Commodore Schley before Santiago on
May % and 30 was predetermined ana
executed solely as a reconnaissance anG
not as a formal attack upon the Colon
,the other vessels in the harbor; that
the majority opinion of the court is am
biguous with respect to the loop oi IN"
Brooklyn. in that it holds said loop was
made to avoid getting into dangerous
proximity to the Spanish vessels withou.
stating whether Sich act was due 20
personal fears of Commodore Schley or
to his desire TO preserve the ship intact
and ready for further work; that the ma
lority of the court entirely ignored the
Overwhelming testimony in arriving NJ
the opinion that Commodore Schley erred
in commencing the engagement on July :.
with the port battery. and that the
Rrooklvn did not lose either distance or
position with the Spanish ships in making
the turn; that the majority opinion Is
ambiguous upon the subject of the back
ing OF The Texas in that ii does not state
whether the danger of collision was real
or ina sinary; that Capt. Cooks testimo-
ny on this point was entirely ignored;
that the finding with tn" HodEson con
troverSy has been repeatedly contradict
ed in the testimony: that the majority
opinion that Commodore SchleyS con-
duct was characterized by vaCcilation.
dila torinesS and lack of enterprise is not
justified by the evidence submitted: that
the majority opinion is entirely silent
upon n charge by the Judge adv ocate
coming within the purview OF IN" first
specification. that Commodore Schley
was derelict in the discharge of his du-
trclv failed to determine who was COM
mandcr-ir-chief in the battle of Santa
go. which finding was necessary to deter
mine the first sppcificat ton Of the pre-
cent as TO the conduct of Commodore
Schley: that the ma ioritv of the court
have rejected the whole Of the testimony
on behalf of the applicant and tn. te=ti-
mony Of the applicant himself. and by so
doing have rerverted the ends or Justice
and deprived him of his common law and
constitutional right: that he has been
found guilty upon specifications substan-
tally abandoned by the Judge advocate
and that the testimony or few hostile
Witnesses was made prominent
The bill concludes with the statement
mat the proceedings Of the ma jority Of
the court were irregular: that Admiral
Schleys rights have been preiudiced and
his testimony in many particulars not
considered. ard that the evidence is abso.
lutelv insufficient tn sustain the opinion
which has been rendered and that there
'ore grave and irraparable Injustice
has been done Admiral Schiey
Admiral Schlav. through counsel has
served notice thai if Admiral SAMPSON
objects To the findin" nf Adr,iraI Dewey
NJ, VIII ci"im the right to be heard in
reference 10 such objection
In regard to this last claim Secretary
long Informed counsel mat il was not
the practice of the department ia boy.
nral hearings on matters Of the kind
ne minated that he would entertain a
written argument.
Comme nting on today's action. NJ.
Ravner, counsel for Rear Admiral Schley.
said:
The objections that We have filed reg.
upon the ground that Admiral SchIey has
hLEt u.