The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1901-12-27
SIMPSONS OBJECTIONS.
Counsel for Rear Admiral Sampson
File Objections to Admiral
Dewey's Report.
WANT CERTAIN PARTS STRICKEN OUT.
Particular stress II Laid Upon the
Fact That the Question of Who
was An Command During the hat
ale Was Not Included An the Pre-
ccpt For the Court of Inquiry.

Washington, Dec. 2l.-lhe Objection
OF Admiral w. 4. Sampson TO that
portion of Admiral pewey's report Of
the Schley court of inquiry IN which
he says Admiral ScLiey was in com
mand at the battle of Santiago and
entitled 10 the credit for the victory,
was fled with Secretary Long Friday.
The document was brought TO the
navy department by MIR. l.. ). Theall,
of counsel for Admiral Sampson; and
handed to the secretary. 1t is as fol
lows:
No. 80 Broad street. New York, -,
Sir. As counsel for Rear-Admiral Samp-
son, we have the honor 10 request that
the department. for reasons below stat
cd. strike out or speclncany disapproNe
that portion OF Admiral Deweys opinion
6icd IN connection with the proceedings
OF the s~hley court Of inquiry, IN wnlch
he states his view 10 be that Commodore
Schle, was in absolute command at the
naval battle of Santiago
I-commodorc schley was not in COM
mand at that battle
u-Thc president OF the United states
and the navy department had decided that
Admiral Sampson was IN command AZ
that battle and Commodore Schley. sec
ond in command.
Iu.-The question as 70 who command
cd al Santiago was not referred 10 the
bearing on the point was excluded.
L-commodorc schley was not in com
SAl-The disposition OF the forces at the
beginning Of the battle according TO ton-
modore Schley own statement, places
Admiral Sampson IN command.
The brooklyn and the Vixen We're the
westernmost ships of the fleet. the In
diana and Gloucester were the eastern.
most The New York was nearer both ot
the latter than the Brooklyn, ana
totally at the time when the Indiana was
heavily engaged at the beginning OF inc
action, and when the Gloucester was en-
gagged with the Furor ana Futon 1on-
modore Schley says The Indiana and the
yosir flagship than to the Brooklyn. We
have then the case OF fleet in a regu-
lar formation. with the communicating
q large number or the ships than Is the
second in command. IL Is true that the
commander in-chief could not nave
reached the most distant vessel by sig
nails except by causing them 10 be re-
pcated by an intermediate vesSel-an en-
tircly usual course-but 1t Is equally true
that the second in command could not
have reached the remote vessels OF the
fleet namely the Indiana and the Glou-
ccStcrl without likewise repeating sig
In this state OF affairs. the regulations
OF the navy and the customs OF the sea
place the absolute command and the re-
sponsibility in the hands OF the senior Of
6H)-The Brooklyn's maneuver during
modore Schley might have had 10 the
command The facts as to the loop are
found by the court The finding ana opin-
ion show that to avoid danger 70 his own
ship he Unanswered without warning %
the rest OF the squadron. and in disregard
of the nse, p 5qrm ,nisn,r or, rr.r rrSrr
ED STATES ANp TIE His,n NAVY TIL P aT
MaN MANIA Al THAT BATTLE AID COM
MoDoRE scHI.EY SECOND IN COM
MAND.
.secretafy's letter 10 the senate dated |
February 9th. 1907 states that the Span |
Ish squadron was destroyed by our fleet
under his tSampsonsi command" and |
the advancement OF Commodore Schley |
was proposed in recognition Of his serv- |
ices as next in rank at the victory OF
THINE QUESTION AS TO WHO |
COMMAN DED At SANTIAGO WAS |
NOT K Hl ! EYER TO TE S1l h ~ rIH
ING on TIE POINT WAS EXCLUDED |
tA)-lf Commodore Schley was In com
mand. Admiral Sampson was not. and II |
the question as 70 which was in com |
mand was 70 be considered by the court |
surely Admiral sampson became an in |
terested party. and under the precept was |
entitled "a the hearing which was repeat |
eddy refused him.
Us4-The language of the precept ex-
cIudes the question as to who comman md |
90 at that battle II directs the court 70
inquire into the CONDUCT of Admiral /
Schley-not into his status as 70
whether or not he was in command and /
TO report its conclusions upon his CON I
DUCT in connection with the events Of 4
the Santa go campaign.
fCD-The judicial officers Of the court |
maintained that this matter was outside |
the scope 81 the inquiry. They expressed |
willingness 10 70 into II VI their view |
should be Overrulcd but were ~ every |
instance sustained by the court. Thus at \
page l5l, the assistant 20 the Judge adj
vvr.ste said.
zone further word az to a suggestion |
just made as TO the intention 10 show /
That Admiral sampson was not In this /
battle. J wish TO say that We do not UNI \
dcrstand hat the question whether Nd /
miral Sampson was or was not In the /
battle ~ Santiago rs before the court |
iNv'EsT1G N XII III t.. RI ffintil ~
case takes that attitude u Is improper 20
questions which proceed upon the theory |
That he Is In the case Counsel for the |
applicant Withdrew the question
~ page fso Of the record, the same mat |
ter being under discussion. Mr. Hanna |
said
into these things. u would. on course. bc \
proper that WE should also rD into them \
u would not only he proper. BUT IT \
WOULD BE NECESSARY. - =. we /
are thoroughly prepared 20 go into any \
discussion ~ them, provided the court de- \
sires % - enlarge and extend ne scope /
cant again failed to press the point and \
the court made no objection 70 Mr.. Han \
m 'S view.
AZ pages i3 and 1850 there were similar
rulings hy the Judge advocate In the case \
OF all those declarations there was ac- \
-auicscence on the part Of the court
(D)-The court uniformly rejected evil Il
dcnce as ia who comma ndcd.
On all the pages herein cited from the \
record the court rcected such evidence 4
and nowhere was II admitted against OBJ
lection
fED-The court more than once specific
ally ruled that this question was not be-
fore ID
For. example At page 1886, where the
question was 20 the position OF the
command r i'm chief and OF the New
York, and ~ TO the part Of the battle.
Admiral Dewey said. 1--WE do not want
that. We have ruled that out" The
judge advocate then asked n the court
had 80 ruled and Admiral Dewey re-
piled wv " HAVE. WE HAVE KEPT
TIE NEW YORK OUT OF 1T"
Sec also page ISL.
b)-Jhe court went so far as 10 rule
~ page 1921 that Admiral Schley was no.
IN command during the battle The mat
ter then before the court related 10 tho
periods during which Admiral Sehlev had
been IN absolute command, and the nudge
advocate said; Mr.. Rayner you are con-
inning yourself TO July 81. are your
MIR. Rayncr I'm reply scuuiesrrd /. ,hie