The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-12-21

sweeping though unsupported assertion
of opinion by the applicant and his
counsel, that, In their Judgment. the
adverse finding Of the court is not justi-
fed by the evidence. The paper might
be dismissed as simply a not unex-
pected expression OF abstraction with
an adverse Judgment but for the faCz
that il contains a number OF mis-
statements and particularly has woven
throughout its entire structure an fn-
accurate and misleading use 81 the
words majority Of the court
The findings Of fact and the opinion
Of the court of inquiry in the case Of
Admiral SchlGy on the more important
and material points before it were not
reached by a majority Of the members
only, but By the entire courts The
points Of the precept upon which ali
the members OF the court unite. appear
to be incOntrOvertibility established By
the evidence It is not understood how
any other conclusions could have been
reached upon them. and they constitute
the essential features of the entire
matter under inquiry. Captain Lemly
and Mr. Hanna reviewed at length the
conclusions OF the court as to the first
ten charges Of the Drecept, justifying
the findings and declaring that in the
Z
have found otherwise" The report con-
tinues;
Court Was United.
Upon the points above set forth.
which appear TO embrace substantially
the important matters covered By the
inquiry, the court is united and it's find
ings are unanimous: they are sus-
tanned by the unimpeached and unim-
peachable testimony Of Commodore
Schley's brother officers, who served
with and under him. by official tele-
grams, letters and reports. and by the
logs OF the several vessels of his squad
ron, and it would accordingly be idle
| to remit these matters to the same
BODY Tor reconsideration upon the same
evidence.
1T is not by any means intended
mere to say that the foregoing princfpal
points covered by the inquiry are the
only points upon which the findings Of
the court are I'm all respects or sub
s-anualiy unanimous. because the
truth is that the court is unit upon
all points, except those as to which
the admirsl expresses individual but
not in all cases contradictory views III
does not appear that any good purpose
would be served by asking the court Is
reconsider these.
The judge advocate,and his -
deny that the court 1ailad. e -g5rsi.se,
evidence.
1t was their sworn duty saws The
report, TO consider and weigh that es-
ldence' and the applicant and his eeun-
SCI nave no right to say that thev have
dlsregarded it. The court had q pe--
feet right after weighing It TO ienore
any testimony"
Sampson Was Too Slow.
Relative to the contention as To who
commanded the naval force. in tha
| battle Of Santiago, the report SAYS.
IF applicant and his counsel seri-
ously believe. as they now state to be
the case, that the matter of command
on July 3 was essential to the applf-
/ eants interests, It was their plain duty
not only to bring the question before
the court, but to insist upon a hearing
there, and other interests should have
been heard. To request that the court
now rule upon it is to ask that another
officers int ests be passed upon. to
his possible prejudice, in his absence.
and without hearing thing intOl-
cradle, whOmsoever be concerned.
In conclusion, we are satisfied that
no good purpose would be served bv
I features of this inquiry to the court.
more patient. exhaustive and painstak-
ing hearing was never given. greater
/ consideration was never extended TO
/ any officer before a military court Of
/ inquiry. No expense was spared no
[ convenience or facility denied, no cour-
/ tesy refused. The applicant has had
/ his day in court and the judgment IS
/ against him. 1t is accordingly recon-
mended that the proceedings be not re-
( turned, but that the matter be COM
cluded by the departments approval of
| the unanimous finding.
I'VE have the honor to be,
SAMUEL G. LEMLEY.
Judge Advocate Court Of Inquiry.
r. P. HANNA,
Assistant to Judge Advocate"
Long May Act Today.
The report. as appears from its text.
/ is solely that of Judge Advocate Cen
I eraI Lemley and Solicitor Hanna. and
as such it was laid before Secretary
/ Long. The secretary said this after
noon that he would not act upon The
report today. He added that he would
also withhold action today on the 9TH
or matters pending, connected with this
issue. namely. Admiral SIMPSONS app
neal and Admiral Schley's request te
/ be allowed to be heard by argument orr
/ this appeal and the findings of the
court of inquiry itself There was am
intimatiOn however, that ali of these
matters would receive attention to-
morrow and would BE finally disposed
/ of as far as the department IS con-
j cerned.
.,.-- -, uohrc