The Montgomery advertiser., 1901-12-19

Washington, Dec 1s.-Late this after noon Admiral Schley, through his ooun- sel, filed with the Secretary of the Navy his bill of exceptions to the majority findings of the Court of Inquiry and also a 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.
 Secretary Long almost immediately af- ter the receipt of the communication, called Judge Advocate Lemley and the solicitor for the department. Mir. Hanna, into conference. The Secretary indicated that he would not hear an oral argument by MT. Rayner regarding Admiral Samp- sons protest, but that he would receive a written statement.
 The text of the bill of exceptions is as follows:
 washington, Dec. IS. 1901. ITO the Honorable Secretary of the
 Navy:
 "Winfield Scott schley. Rear Admiral, U. s. N, retired, the applicant before a court of inquiry, of which Admiral George Dewey. U. g. N, is President, and Rear Admirals Andrew K. K. Ben ham and Francis M. Ramsay. U. s. N.' members, and Captain Samuel c. Lemley, II. S, N. Judge Advocate 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 Secretary or the court are in conflict with the overwhelm- ing weight of evidence; and that the ma iority of the court, in their said opin- ion, have ignored the testimony or the applicant and of the whole of the appli- cants witnesses, and all that portion of the evidence given by witnesses for the Government which was favorable to the applicant, and have thus deprived him Of rights guaranteed to him by the laws ot the land and the constitution Of the United States, and the applicant now assigns the following grounds in support of his said objections:
 'First-The majority of the court have given their opinion that Commodore Schley should have proceeded with the utmost despatch off cieufuegos when there was no specification GOV erinK thls subject and when the applicant did not have sufficient opportunity to bring in nroper and convincing evidence in refer euce thereto and when the only evidence taken by the court on this subject was directly contrary to the opinion rendered
 "Second-The majority held that appli- cant should have endeavored to open communication with the insurgents at the place designated in the McCalla memo randum, when there was no place men tioned in said memorandum as being a place at which camp of insurgents was located.
 'eThird-The majority arrived at this ouinion without regard to the facts Whlcn was proven by an overwhelming weight of testimony, that the said McCalla mem orandum was sent to Commodore Schley only for use in connection with informa- tion it contained relative to certain pat teries in the vicinity of the entrance to the harbor of Cienfuegos. as Is attested by order No. 6, sent to Commodore SchIey by Admiral Sampson.
 "Fourth-The majority hold that Com modore Schley should have maintained close blockade off Cienfugos when' by overwhelming testimony, 1t was proven that A close and effective blockade of that port was maintained, the Judge Advocate having substantially abandoned any charge to the contrary.
 'Fifth-The majority entirely Ignored the uncontradicted testimony proving that the British steamer Adula was per nitted to 20 into the harbor of Cienfue- EOS in order that information might be obtained through her as to whether the Spanish fleet was in that port. 1t having been clearly established that the captain Inf the Adula agreed, If permission was given him to enter the port, to bring ms ship out in fewer than twenty-four hours and furnish the information deslreo'
 "sixth-The majority failed to refer to disnatch No. T. admitted to have been semi bv Admiral Sampson to Commodore schlev to hold his squadron on Clenfue- gos whether the Spanish fleet was or was not in that port
 ''seventh-The majority entirely lgnoreo tho admitted fact that the commander or the Eagle failed to communicate the slt- nation at Cienfuegos to Commooore Schley -.,..,.. t...oraa
 "Eiehth-The majority entirely ignored .Lo ,,1contradicted evidence that Captain E,vans knowing the meaning of the sig nal lights on shor6 at Cienfuegos' Tailed to communicate his information concern ing them to Commodore Schley.
 "Ninth-The majority declare that the signal lights on shore near Cientuegos were seen by Commodore Schley on the night of May P. 1898 when the over whelming weight of evidence proved that Commodore Schley saw and had knoWl- edge of these lights only on the night Of May 23rd, and at no other time
 ."Tenth-The majority are silent on the charge preferred by the judge advocate against Commodore Schley that he did nof mask his movements in departing from Cienfuegos, but in using signals revealed the destination of his squadron to tbe enemy on shore; despite the fact that by overwhelming weight Of testi- nonv his charge was entirely disproved. "FIeventh-The majority based their oninion in reference to the retrograde movement upon a statement made in their report of facts that Commodore Schlev before sailing from Cienfuegos, received reliable information that ships could be coaled in the vicinity of Cape Cruz and Gonaives channel, and 1t is now | respectfuIly denied that there was any such positive testimony in this case. Every witness with one exception who was examined on the subject disavowed all knowledge in reference thereto, and the uncontradicted testimony of Captain Cook establishes the fact that the or fcial charts with which the flagship Brooklyn was supplied and upon when Commodore Schley was compelled to rely for information showed coaling at cape Cruz to be neither feasible nor practlca- ble, and the records clearly sho" tha' not until three days after leaving I'eh- fuegos. when Captain Cotton visited the | Brooklyn did Commodore Schley receive suv defnite information concerning the