The age-herald., 1901-12-19
Bays Majority Ignored Vital Points and Brought Out
 New Ones
WOULD NOT STAND IN
 LAW COURT, SAYS RAINIER
Document Concludes by Saying the Whole Proceedings Were Irregu- lar and Verdict Was Not In
 Accord With Evidence.

Washington, December lS.-Late this afternoon Admiral Schley. through ms counsel filed with the secretary or the navy his bill of exceptions to the ma1or- ity findings of the court Of inquiry' anu also letter asking to be allowed 10 pc heard in connection with the objections to be filed by attorneys for Admiral Samp- zon to the individual opinion of Admiral Dewey. Secretary Long almost immeol- atelv after the result of the communi- cations called Judge-Advocate Lemly ana the solicitor for the department MT. Hah- ma. into conference. The secretary inol- cated that he would not hear an oral ar- gument by MT. Rayner regarding Admirai sampsol1 s protest but that he would re- ceive a written statement
 The text of the bill of exceptions IS as follows:
 oWashineton, D. C.. December 1S 1901. ,oro the Hon. Secretary of the Navy:
 .Winfield Scott Schley, rear admiral United States navy retired, the apphcaii' before court of inquiry of which Ad- miral George Dewey, United States navy is president, and Read Admirals Andrew E. K. Benham and Francis M. Ramsay United States navy, members, and capt Samuel c. Lemly, United States navy judge advocate general. objects to the ap- nroval of the findings of the court upon the ground that the opinion rendered and the report of facts made by the secretary pf the court are in conflict with the over whelming weight of evidence; and that the majority of the court in their sald V 4opinion. have ignored the testimony or +he applicant and of the whole of the ap- plicant's witnesses, and all that portion of the evidence given by witness for the government which was favorable to the aprlicant and have thus deprived him of rights guaranteed to him by the laws of inc land and the constitution Of the United States and the applicant now as- signs the following grounds in support of his said objection;
 Directly Contrary to Evidence.
 "1. The majority of the court have given their opinion that Commodore Schley should have proceeded with the utmost disnatch and when the applicant did not have sufficient opportunity to bring in proper and convincing evidence, Tn re1er- ence thereto, and when the only evidence taken by the court on this subject was directly contrary to the opinion rendered t2. The majority held that the appli- cant should have endeavored to open communication with the insurgents at the nlace designated in the McCalla memor- andum, when there was no place men, ..o.od ;,, ,aid nauoran ndum as being a place at which a camp of insurgents was located.
 'ss. The majority arrived at this opinion without regard to facts, which 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 the in- formation it contained relative to cer- tain batteries in the vicinity of the en- trance to the harbor Of Cienfuegos as is attested by order No. 6. sent to Commo- dor Schley by Admiral Sampson.
 '4. The majority hold that Commdorc Schley should have maintained close blockade off Cienfuegos. Before over whelming testimony it was proven that close and effective blockade of that port was maintained, the judge advocate hay Ing substantially abandoned any charge 10 the contrary.
 About the Adula.
 "5. The majority entirely ignored the uncontradicted testimony providing that the British steamer Adula was permitted to go into the harbor off Cienfuegos in order that information might be obtain ed through her as to whether the Span- lsh fleet was in that port it having been clearly established that the captain of the Adula agreed if permission was given him to enter the port that he would bring his ship out in fewer than twenty four hours and furnish the information desired.
 '6 The majority failed to report on dispatch No. admitted to have been sent by Admiral Sampson to Commodore 6chley which was an imperative order for Commodore Schley to hold his squad ron off Cienfuegos whether the Spanish fleet was or was not in that port.
 '7. The majority entirely ignored the admitted fact that the commander of the Eagle failed to communicate the situa- lion at Cienfuegos to Commodore Schley.
 "S. The majority entirely ignored the uncontradicted evidence that Captain Evans, knowing the meaning of the sig nal lights on shore at Cienfuegos. failed to communicate his informat tion concern Ing them to Commodore Schley.
 '9 The majority declared that the signal lights on shore near Cienfuegos were seen by Commodore Schley on the night of May P, 1898, when the over whelming weight of evidence proved that Commonore Schey saw and had knowl- edge of these lights only on the night of May 23d and at no other time
 Silent Upon Important Charge.
 '10. The majority are silent on the charge preferred by the judge advocate against Commodore Schey that he did not mask his movements in departing from Cienfuegos but in using ardoit sig nais revealed the destination of his --,aadron to the enemy on shore; de-