The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-20
SAMPSON OBJECTS TO THE REPORT
(By Associated Press.)

(By Associated Press.)
Washington, Dec. 20-The objection OF
Admiral Sampson to that portion of Ad-
miral Dewey's report of the Schley court
of inquiry in which he says Admiral
Schley was in command at the battle of
Santiago and entitled to the credit for
the victory was filed with Secretary
Long today.
The document was brought to the navy
department by Mr.. E. s. Theall of coun-
sci for Admiral Sampson and handed to
the secretary. 1t is as follows:
Sir: AS counsel for Rear Admiral
Sampson, we have the honor to request
that the department. for the reasons be-
low stated, strike out or specifically dis
approve that portion of Admiral Dewey's
opinion filed in connection with the pro-
ceedings of the Schley court of inquiry,
in which he states his view to be that
Commodore Schley was in absolute COM
mand at the naval battle of Santiago.
commodore Schley was not in COM
mand at that battle.
'"The president of the United States and
the navy department had decided that
Admiral Sampson was in command at
that battle and commodore Schley second
in command. sj.
1.-The question as to who commanded at
Santiago was not referred to the court
for consideration, and evidence bearing
on the point was excluded.
''The disposition of the forces at the
beginning of the battle, according to
Commodore Schley's 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 OF
the latter than was the Brooklyn, and
notably at the time when the Indiana
was heavily engaged with the Furor and
Pluton. Commodore Schley says: The
Indiana and the Gloucester were close,
to your flagship than to the Brooklyn
1--WE have, then, the case of fleet in
a regular formation, with the comman-
der-in-chief within signal distance, and
closer to large number of the ships than
is the second in command.
1T is true that the commander-in-ch chief
could not have reached the most distant
vessel by signals, except by causing them
to be repeated by an intermediate ves-
sel-an entirely usual course-but it is
equally true that the second In coln-
mand could not have reached the remote
vessels of the fleet, namely. the Indiana
and the Gloucester, without likewise re-
peating signals.
"In this state of affairs. the regulations
of the navy and the customs of the sea
place the absolute command and the full
responsibility in the senior officer.
1.-The Brooklyn's maneuvers during the
action destroys any claim that Conn
modore Schley might have had to the
command. The facts as to the loop are
found by the court. The finding and
opinion show that to avoid danger to his
own ship he Unanswered without warm
ing to the rest of the squadron, and in
disregard of the fleet formation.
Hearing Refused Sampson.
"The president of the United States
and the navy department had decided
that Admiral Sampson was in command
at that battle and Commodore Schley
second in command. This fact was be-
fore the court; for the secretary's let
ter to the senate dated February 6. lS99),
states that the Spanish squadron was de-
stroyed by our fleet under his (samp-
son's) command and the advancement
of Commodore Schley was proposed in
recognition of his service as next in
rank at the victory of Santiago.
1.-The question as to who commanded
at Santiago was not referred to the court
for consideration. Evidence bearing on
the point was excluded.
IF Commodore Schley was in COM
mand, Admiral Sampson was not, and II
the question as to which was in COM
mand was to be considered by the court
surely Admiral Sampson became an in
terested party and under the precept
was entitled to the hearing which was
repeatedly refused him.
1.-The language of the precept excludes
the question as to who commanded at
that battle. 1t directs the court to in
Quire into the conduct Of Admiral Schley
not into his status, or as to whether or
not he was in command and to report its
conclusions upon his conduct in con-
nection with the events Of the Santiago
campaign. -
''The judicial officers Of the court MAIN
tanned this matter was outside the scope
OF inquiry. They expressed willingness
to go into 1t if their view should be overs
ruled. but were in every instance suas
tanned by the court. >
Thus. ct page 157. the assistant ,te
the Judge advocate said: One further
word an to . suggestion just made al
to the intention to show that Admiral