The Montgomery advertiser., 1901-12-19
BILL OF EXCEPTIONS IS
 / FILED BY ADMIRAL SCHLEY
Majority Report of the Board of Inquiry is Attacked lSand Its Errors Pointed Out-LOng Will Not Hear an Oral Argument by MT. Rayner Regard
 ing Admiral SampsOn's Protest

finding of which fact was absolutely nec- essary in order to determine properly the first specified ton of the precept as to the sconduct of Commodore Schley in connec- ton with events of the Santiago cam paign.
 "Twenty-seventh-The majority have re- jected the whole of the testimony offered on behalf of the applicant and have not adverted to such testimony and have en- tirely ignored the testimony of the appli- cant himself who was on the stand for many hours; and by so doing they have perverted the ends of justice. If this tes- timony was all false, they should have go announced and if all or any part or 1t was true, the said applicant was entitled to the benefit of it, and by declining to consider or pass upon it. they have de- prived him of his common law and com stitutionai rights.
 "Twenty-eight majority Of the court have found the applicant guilty upon specifications which were substan- tially abandoned by the Judge Advocate. as will appear in the argument in the case.
 ''Twenty-ninth-The whole proceeding shows that the majority of the court, in opinion and report of fact rendered, have selected the testimony of few hostile witnesses and on that testimony have based the opinion and report, discarding all the other testimony in the case with out making the slightest reference to it, as they were directed by precept to do.
 ''Thirtieth- The applicant, besides the reasons herein given, has hopes to be allowed during further investigation Of this inquiry to adduce other serious and important reasons why the majority opinion of the court should be not ap- proved.
 "Thirty-first-The applicant Is prepared to show that the whole proceedings upon the part of the majority of the court have been entirely irregular; that his rights have been prejudiced and ignored; that his testimony in many more porucu- lars than have been herein cited has not been considered and that evidence is ab- soluteiy insufficient to sustain the opinion of the majority. That a grave injustice has been committed which would become irreparable and ba perpetuated unless this opinion of the majority of the court should be disapproved.
 ''Wherefore, the said applicant most respectfully prays that approval or the opinion of majority of said court of in- ouiry be withheld and that said opinion Be disapproved and that he may be af- forded the opportunity to have the testi- mony of record of himself and his wit neSSeS pTOpeTly anu poSoSA upon and that proceedings be remitted to the court for that purpose and that he be given such other and further relief as he is entitled to in the premises.
 w. S. Schley.
 Rear Admiral. U. s. N. (Retired) "Isidor Rayner, James Parker, Counsel
 for the Applicant.
 Commenting upon today's action MT. Rayner said:
 we claim that the whole of the evil dence in favor of Admiral Schley, in- cluding his own testimony, and of all his witnesses has been deferred by the ma jority of the court and not even con sidered or passed upon. Such method of procedure will not be permitted to stand for a moment before any tribunal governed by any principle of common law or common justice. The Admiral was on the stand about four days and not a word that he uttered and not a solemn assertion that witness made under the sanction of his oath has been adverted to by the majority of the court. Such a method of disposing of a case is unparal- leled in the annals of the civil or -crimi- nal law. The greatest malefactor in the land, under the constitution, is entitled to have his evidence considered and pass ed upon.
 'We shall. theerfore avail ourselves of every remedy that we have to impeach this appalling verdict"