The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-12-27
.ISf''CHLEY OBJECTS.
Ills csupsa: Fles Rsasons for.
8assIpg Aside VardIcs
THEY UaE PLA,si LANGUAGE.
: rho Tho .s';' 'o;'ff,cars Of the oours arc
cAsrged With g sirg lnpras asa d
VI WNn Teasimony 81 "fios. 3ll1, Il
slla 6Wstnstsas"

tho navy tho bill Of exceptions "a ths
msjiYi'y findings ef tll,s aou,t Of inqpi-
ry ans also s lottey asking tohe allowed
to'bo heard in conaoetioa With the Oh
factions to be flsd by attorneys for
Admiral Ssmpncn to the individual
opinion OF Admiral Dewey.
THE GROUNDS FOR COMPLAINT.
The bill ahsgns the following grounda
in nupport Of tho ohjqcson;
G j. Tho. majpyity Of tho court havo
given thair opinion that Cemmodors
Sohley ahould havo proceeded with she
usmoas dispatoh t1 Ciepfnogos whom
there Naa no specification covering this
Subioot, and whsn The applioans did
not have aufiioicnt opportunity 80 bring
IN proper and convincing svidcpoe IN
relershco thereto, and when tho only
evid jpoo taken by tho court on shis
I suhjsot was directly oontrarY to che
4 opinion rendered.
2. The majority Of tho oours have
held that the applicans should have cn-
deaYored To oron Communication wish
tho insurgents at che place Designated
In tho memorandum by Ccmmoaoro
MoCalla, delivered to him on the morn
ing Of the 23id of May, 1893, whom,
in Iaot, thoro was no plsoo mentioned
,in said memorandum 81 boing placo
as which camp OF insurgents WAS To-
GATED.
3. Tho majority Of the court havo
arrived at tho opinion stated in tho
foregoing paragraph withous regard to
tho faot, VI hioh WAS proven by an over
Whclmipg woghs of tsatimony; that
the said MoCella memorandum Was
hont to Cor1n1odoro Sohiey only fo7 INC
in connection with the informatioi. it
contained relative to certain batteries
at, or being constructed in tho vicinity
s Of tho entrance 10 tho harbor OF Cicn.
fuegoa, ss attes!cd By the order No.
Z 6, dated May 19, 1888, and 6ont 70 Oc3n.
modoro Sohloy by Admiral Sempson,
4. Tho majority Of tho court In tue
& opinion rendered hold that Commodoyc
Behley should haye maintained cloto
blockade ct Csontuc3os, when by oYos
&w helniipg taBtimopy it was proven that
B 10 closo and cffeotiye blookede OF thet
81 Sroft ay maintained, the iudss advo
81 ii.UsstaF vitss S ynSassJ,&iAllyl ahsndoasd
any charge to tho CONTRARY. i5
o. The majority Of tho court in tho
opinion rendered bavo entirely ignoyed
tho uncontradiotod testimony proving
chat tho British etoamer Adula was
permitted to go into Che harbor OF
Oienfucgos in order that information
might be obtained through hOr AZ to
whether the Spanish fleet was thon
in that port, it having boon clearly es
tablishcd th.s the captain Of Tho said
British steamer Adu!a promised aud
agreed before permission was given
him,to entor the port that he would
bring his ship out in fowor than %
hourd and furnish tho Information dc.
aired.
6. Tho majority of the court, in the
opinion rendered, hayo entirely failed
to refer 10 dikpatoh Mo- z admitted
to havo bean nens by Admiral Sampaon
to OomH odorc Schloy, tho construo
tion Of whioh wes agreed upon in the
arGuanent OF the case, 20 AIT: That IL
s5 yias an imperative order for Commo
doye Solisy to hold his tquadron Of
Cielfosgos ghosher the Spanish hset
Ea4 OF aE9 BOT In ttiat rolU
? Tho majority of tho court in tho
:Oplpion rendered havo entirely ignored
the admitted 2aet hat the conmander
Of the Na&le fsiiyd 70 communioate the
situation at OIonfuegos to Commodore
6chley.
.5ssH 8. The majority Of tho court in The
opinion rendered have entirely ignored
tho nncontrpdictsd d evidence in lls oaso
that, Copt. Robly D. Evaps, knowing
The meaDing Of tho signal lights on
safofo st UleniuGos, failed to cou'ouai
cato his inloInstion concerning hem
to Commodore Sohloy.
g. The M jlrit? Of Tho court in the
report OF the iaote tubnis,od dsoisYc
that tho signal lights on slsors bear
.OtcDinegoD Were secn by Commodorc
Sohloy on the nigkt ,f May 2ad, 1898,
gg:tE hen In fact tbs ovtr@noiminH Yoig ht
s.0f both ORAL shd documentary cy!dono9
proved that Coinm1 dogo Sshloy saw
\ aid hid knowledge Oh theso Lights only
on the night of May 23rd, and ct nc
other timo.
10. The ma ajority of the court in the
opinion rendered are silent on the sui.
@.joos OF tho following charge preferred
ny tho judge advocate saainst Com
naodore tohloy during tho progress OF
\ the Investigation, namely, thas he did
not mask his movements in departing
n FROM Ia fiont Of the porb OF OiepfuogoS,
but by using AYdois Signals 10 revealed
tho destination OF his squadron 70 the
enemy on shore; dsspite She fact thai
ty overwhelming weight Of testimony
this charge Hap entirely diaproyed.
III; The mstority Of the court have
based their opinion in referonco TO tbe
retroklde movement upon q staternent
made in their ropors OF facts that Com.
:noduro Bohlcy, befoyo sailing from
Uionfuegoa, rccsivdd reliable informa
Z, tion that ships could be ooalod In the
vicinity sof Uspo Oruz aud GousIyyl
" channel, and Il ig nov respectfully do
E nisd that thoro was any suoh positive
tf testimony in thiS case; every witpog,
& with ono exception who was sxsroipod
on tho Eubjocl dlsayowad all knowleds a.
Il In reference thereto, and tho unoon.rs
diotcd testimony OF U,pt. u. Il. Cool
4 establishes tho fscs t]iat the ofiois
charts with which tho flagship Brook.
34lyn Was supplied, and upon which Com
: modoro Sohloy Wss compelled to rely
IL for information, showed sooaling a
* Cape Or1z TO bio neithori feasible no
praotioable, and tho records clearly
Il ahow that not until tho 9th Of May
& thrso days nftor5 leaving Oienfuogos
Capt. CHARLES s. Cotton visitsa
ths fsgship Brooklyn, did UommodoS,