Evening journal., 1901-12-19
NCHLBY FILES
His OBJECTIONS
Findings Of Inquiry Court
Commented Upon
Contends Majority Proceedings We're
Irregular and That Admiral'S
Rights We're Prejudited

ternoon Admiral Schley. through his
counsel filed with the secretary Of
the navy his bill of exceptions to the
findings of the court Of inquiry and
also a letter asking to be allowed to
be heard in connection with the OBJ
iectIons to be filed by attorneys for
Admiral Sampson to the individual
opinion of Admiral Dewey. This ac-
tion was taken after Mr.. Rayner, Mr..
league and Captain Parker, of coun-
sel had held a consultation throughout
the day with their client.
Secretary Long said that he had no
statement to make regarding any ac-
tion that he might take in the prem.
ises He. however, indicated to Mr..
league, through Judge Advocate
Lemly that he would not hear an oral
argument by Mr.. Rayner regarding
Admiral Simpsons protest. but that
he would receive a written statement.
It was expected that counsel for Ad-
miral Sampson would file their obiec-
tions to the findings of Admiral Dewey
in the case yesterday, but it is now
stated that such objections will not
be offered before tomorrow.
The bill contends that overwhelming
! evidence was presented to the court
to show that close blockade OF Glen
| fuegos was maintained; that the ma
jority Of the court entirely ignored the
uncontradicted testimony proving that
the steamer Adula was allowed to en-
ter Cienfuegos to obtain information
regarding the Spanish fleet; that the
order of Admiral Sampson known as
No. T. was an imperative order for
Commodore Schley to hold his squad
ron off Cienfuegos whether the Span
ish feet was in that harbor or not;
that they ignored the fact that Cap
tain Evans failed to communicate to
Commodore Schley the meaning Of
the signal lights on shore at Cienfue-
gos; that Commodore Schley, as
proven by the evidence, had no knowl-
edge of these lights until the night
of May 23. 1898; that the majority
based their opinion as to the retro
grade movement upon a statement
that Commodore Schley before sail
ing from Cienfuegos had reliable in
formation that ships could be coaled
in the vicinity Of Cape Cruz and GOan-
ives Channel; that the records show
that not until three days after leaving
Cienfuegos did Commodore Schley
receive definite information concern
ing the feasibility or practicability OF
coaling ships from a collier in G0an-
ives Channel that no reference has
been made TO the orders of the sec
retary of the navy forbidding the
hazarding OF American ships against
shore batteries; that the demonstra-
tion made by Commodore Schley be-
fore Santiago on May 29 and 30 was
predetermined and executed solely as
a reconnaissance and not as a formal
attack upon the Colon or the other
vessels in the harbor; that the ma
jority opinion of the court is ambig-
uous with respect to the loop of the
Brooklyn in that it holds that said
loop was made TO avoid getting into
dangerous proximity to the Spanish
vessels, without stating whether such
act was due to personal fears of Com
modore Schley or to his desire to pre-
serve the ship intact and ready for
l MOlhf that AAt AA9 Va AAAt
court entirely ignored the overwhelm-
ing testimony in arriving at the opin-
J ion that Commodore Schley erred in
commencing the engagement Of July
3 with the port battery, and that the
Brooklyn did not lose either distance
or position with the Spanish ships in
making the turn; that the majority
opinion is ambiguous upon the sub
: ject of the backing of the Texas in
! that it does not state whether the
danger Of collision was real or mag
-: mary; that Captain Cooks testimony
r on this point was entirely ignored;
/, that the finding with the Hodgson
) controversy has been repeatedly con
Z tradicted in the testimony; that the
majority opinion that Commodore
= Schleys conduct was characterized by
I vacillation and dilatoriness, and lack
/ of enterprise is not justified by the
= evidence submitted; that the majority
= of the court entirely failed to deter
mine who was commander-in-chief in
e the battle of Santiago. which finding
was necessary to determine the first
specification Of the precept as to the
conduct of Commodore Schley; that
he has been found guilty upon specif'
cations substantially abandoned by the
judge advocate, and that the testi
mony of few hostile witnesses has
been made prominent.
a The bill concludes with the state
ment that the proceedings Of the ma
jority Of the court were irregular;
that Admiral Schley's rights have
been prejudiced and his testimony in
many particulars not considered, and
: that the evidence is absolutely INSULT
cient to sustain the opinion which
has been rendered, and that therefore
!; a grave and irreparable injustice has
4 been done to Admiral Schley.
y Welter-welght Champion Defeated.
o Buffalo, N. Y, Dec. 19.-Rube Ferns
y the welter-weight champion, went
Il down to defeat at the hands of Joe