The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-19

testimony and have entirely ignored tho |
testimony of the applicant himself who
was on the stand for many hours. and by
so doing they have perverted the ends
OF justice, If this testimony was all
false, they should have so announced
and il all or any part OF it was true, the
said applicant was entitled to the bene-
fit OF It and by declining to consider or
pass upon It they have deprived him OF
his common law and constitutional rights.
%. The majority Of the court has
found the applicant guilty upon speefi-
cations which were substantially absn-
doned by tho Judge advocate as will
appear from the argument in the case.
20. The whole proceedings show
that the majority Of the court from the
opinion and report Of facts rendered has
selected the testimony of few hostile
Witnesses and upon that testimony have
based the opinion and report, disoardin0
all the other testimony in the case, with
out making the slightest reference to it,
as they were directed by the preoept TO
do.
90 The applicant. besides the reasons
/ herein given, homes TO be able during tnr
adduCc other serious and important reasons
| why the majority opiRlon OF The court
should not be approved.
] 81 Tho applicant is prepared to show
that the whole proceedings upon the part
Of tho majority OF The court have been
entirely Irregular, that his rights have been
| prciudiccd aud Ignored, that his testimony
IN muny moro particulars thau have been
| herein cited has not been considered and
| that the evidence is absolutely insufficient
| to sustain the opinion OF the majority.
! That grave Injustice has been committed,
| which would become irreparnble ana be
| pcrpetuated unless this opinion of the mh-
| jorty Of the court should be dsapproved
! Wherefore the said applicant most re.
| specially prays that approval of the opln-
| ion OF the majority of said court or in
! quiry be withheld and that said opinion be
| disapproved aud that he may he afforded
| the opportunity TO have the testimony ot
record Of himself and his witnesses prop.
| erly considered and passed upon and that
he be given such other and further relief
as he IS entitled to In the. premises.
Rear Admiral, Y. s. n. Retired.
Isador Kaynor,
James Parker
Counsel for Applicant.
Commenting upon todsy's action Mr.
Rsynor said: 1--WE claim that the whole
of the evidence in favor Of Admiral
sohley, including his own and the testi-
nnony Of all Of his witnesses has been
rejected by the majority Of tho court
and not even considered or passed
upon. Such a method of procedure
would not be permitted to stand for a
moment before any tribunal governed by
any principle OF common law or COM
mon justice. The admiral was on the
stand for about four days and not
word that he uttered and not solemn
, assertion that witness made under
! the sanction Of his oath has been ad-
} verted to by the majority Of the court.
= "suoh a method of dispoano Of a
. case is unparalleled in the annals Of
! the civil or Of criminal law. The great
est malefaetor in the land, under the
{ constitution, is entitled to have his evi-
: dence considered and passed upon.
e "We shall. therefSre, avail ourselves
!. of every remedy that we have TO inn
peach this appalling verdict"