The Saint Paul globe., 1901-12-21

WASHINGTON, Dec. 20.-Judge Adyo-
cate LaSply and Solicitor Hanna this af-
ternooX submitted to Secretary Long
their report upon the bill of objections
filed by Admiral Schley through his
counsel to the findings of the Schley court
OF inquiry In substance this report is
an argument supplementary to the argu-
ment made by the writer's before the
court of inquiry. The principal points
are an insistence upon their contention
that the first report is the unanimous
report of the court of inquiry; that the
court wos justified in rejecting Admiral
Schley's evidence by the number of wit
nesses who took issue with him, and
that there is no sufficient reason for the
reopening of the case as requested by
Admiral Schley. The report is as fol-
lows:
Sir: A communication dated the 18th
inst. signed by Rear Admiral w. S.
Schley, and by Isidor Rayner and James
Parker, his counsel, objecting to the ap-
prevail of the findings of the court of
inquiry in the case of Rear Admiral
Schley, and asking particularly that what
the signers are pleased TO term ''tne
opinion of the majority of the court"
be remitted to the court for further con-
sideration, has been received by the de-
partment's reference, and is returned
with the following statement:
Sweeping Claims.
The findings of fact and the opinion of
the court OF inquiry in the case of Ad
miral Schley upon the more important
and material points before it, We're not
reached by a majority of the members
only, but by the entire court. The
points of the precept upon which all the
members of the court unite appear to be
incontrovertibly established by the evil
dencc; it is not understood how any other
conclusions could have been reached up
on them; and they constitute the essen
tial features Of the entire matter under
inquiry.
Upon the points which appear to en-
brace substantially the important mat
ters covered by the inquiry, the court is
united, and it's findings are unanimous;
they are sustained by the unimpeached
and unimpeachable testimony of Commo-
dore Schley's brother officers, who served
with and under him, by official telegrams,
letters and reports, and by the logs Of
the several vessels of his squadron and
it would accordingly be idle to remit
these matters to the same body for re-
considera ton upon the same evidence
1t is not by any means intended here to
say that the principal points covered by
the inquiry are the only points upon
which the findings of the court are in all
respects Or substantially unanimous; be-
cause the truth is that the court is q
Unit upon all points, except those rs to
which the admiral expresses individual,
but not in all cases contradictory, views.
1t does rot appear that any good pur-
pose would be served by asking the court
to reconsider these.
The Question of Command.
If it is true, say Messrs. Lemly and
Hanna, that a fnding by the court upon
the question of Wlio was in command was
absolutely necessary in order to deter
mine properly the first specification Of
the precept, then it must be stated that
counsel for the applicant failed Of their
duty during the inquiry If they serious
ly believed as they now state 10 DC the
case, that the matter of command on
July 8 was essential to the applicants IN
terest, it was their plain duty not only
to bring the question before the court,
but to insist upon a hearing there, and
others Interested should have been heard
To request that the court now rule upon
if is 10 ask that another officers inter-
ests be passed upon, to his possible pref
udice, in his absence, and Without hear
ing-a thing intolerable, Whomsoever may
be concerned
In conclusion We are satisfied that no
good purpose WOuld be served by Ielilt-
ting the proceedings or any of the fea-
lures of this inquiry to the court. The
| applicant has had his day in court, and
! the judgment is against him. 1t is ac-
/ ccrdingly recommended that the proceed
! ings lie not returned, but that the mat
! ter he concluded by the departments ap-
prove of the unanimous finding. We
! have Z honor to be,
Samuel C. Lemly,
Judge Advocate of Inquiry.
e. P. Hanna,
Assistant to Judge Advocate.
The secretary said this afternoon that
| he would withhold action on the matters
pending connected with this issue-na.ne-
| lv, Admiral Sampson's appeal and Ad-
! rniral Schley's request to be allowed to De
| heard by argument on this appeal and the
! findings of the court Of inquiry itself.
! There was an intimation, however, that
! all of these matters would receive atten-
! tion tomorrow ard would be finally dis
/ posed of as far as the department is con-
! cerned.
'FRAID TO Get MARRIED