The daily morning journal and courier., 1901-12-19
SCHIYEY'S PROTEST IS FILED
STRONG EXCEPTIONS TO MAJORITY
 FINDINGS OF COURT.

Objection to Their Approval on the
 Ground That They Are in Conflict
 With tho Overwhelming Weight of
 Evidence-schIey's Counsel Also Asks
 to bo Heard In Connection With Ob-
 jections to be Filed by sampson-sec-
 retary Long Says He Will Not Hear an
 Oral Argument but Will Accept a
 Written Statement.
 Washington, Dec 1S--Late this after noon Admiral Schley, through his coun- sel, filed with the secretary of the navy his bill of exceptions to the majority findings of the court of inquiry and al so letter asking to be allowed to be heard in connection with the objections to be filed by attorneys for Admiral Sampson to the individual opinion of Admiral Dewey This action was taken after MT. Rayner, MT. Teague and Cap- tain Parker of counsel, had held a con- palldLlOll tnt ddy Nllh tiiCii client.
 Secretary Long also immediately af- ter the receipt of the communications, called Judge Advocate Lemly and the solicitor for the department, MT Han ma, into conference. At it's conclusion the secretary said that he had no state ment to make regarding any action that he might take in the premises. He, however, indicated to MT. Teague, through the judge advocate, that he would not hear an oral argument by Mr. Rayner regarding Admiral Samp- sons protest but that he would receive a written statement.
 It was expected that counsel for Ad- mlral Sampson would file their objec- tions to the findings of Admiral Dewey in the case to-day but it is now stated that such objections may not be of fered before Friday.
 The text of the bill of exceptions is as follows:
 Washington. Dec. is, 1901. To the Honorable, the Secretary of the
 Navy:
 Winfield Scott Schley, Rear Admiral, United States Navy, (retired), the ap- plcant before court of inquiry of which Admira. George Dewey United States Navy is president, and Rear Admirals Andrew E. Benham and Francis M Ramsay, United States Navy, members, and Captain Samuel Lemly, United States Navy, judge ad- vocate general, judge advocate, objects to the approval of the findings of the court upon the ground that the opinion rendered and the report of facts made by the majority of the court are in con- f1ict with the overwhelming weight of evidence; and that the majority of the court in their said opinions have ig- nored the testimony Of the applicant, and of the whole of the applicants wit nesses for the government which was favorable to the applicant, and have thus deprived him of rights guaranteed to him by the laws of the land and the constitution of the United States and the applicant now assigns the following grounds in support of his said objec- tions:
 1.-The majority of the court have given their opinion that Commodore Schley should have proceeded with the utmost dispatch off Cienfuegos when there was no specification covering this subject, and when the applicant did not have sufficient opportunity to bring in proper and convincing evil dence in reference thereto, and when the only evidence taken by the court on this subject was directly contrary to the opinion rendered
 2-The majority Of the court have held that the applicant should have en- deavored to open communications with the insurgents at the place designated in the memorandum by Commander McCalIa delivered to him on the morn- ing of the 23rd of May, 1898, when in fact. there was no place mentioned in said memorandum as being a place at which a camp of insurgents was To- cated.
 3--The majority of the court have ar rived at the opinion stated in the fore going paragraph without regard to the fact, which was proved by an over- whelming weight of testimony, that the said McCalla memoranda was sent to Commodore Schley only for use in con nection in the information it contained relative to certain batteries at, or be- 1l1g COnSlTuCleu III IHe VlClHlly OL tue entrance to the harbor of Cienfuegos as is attested by the order No. 6, dated May 19, 1898, and sent to Commodore Schley by Admiral Sampson.
 1.-The majority of the court in the opinion rendered hold that Commodore Schley should have maintained close blockade of Cienfuegos, when by over whelming testimony it was proven that e close and effective blockade of that 1 port was maintained, the judge advo- l cate having substantially abandoned 1 any charge to the contrary.
 1.-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 Cien- fuegos in order that information migh l eb obtained through her as to whether | the Spanish fleet was then in that port, l 1t having been clearly established that l the captain of he said British steamer | Adula promised and agreed before per l mission was given him to enter the | port that he would bring his ship out i n fewer than twenty-four hours, and 1 furnish the information desired.
 6-The majority Of the court in the ,ninion rendered have entirely failed