The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-19

precept was real or imaginary. whereas
the overwhelming weight of testimony
clearly established the fact that at no
time was there danger Of collision between
the Brooklyn and Texas.
''Twenty-second-The testimony of Capt.
+. E.. Cook, a witness called by the judge
of the Brooklyn to the Texas at the time
of the Brooklyn's turning, has been ig-
nored and not even adverted to In the
statement OF pertinent facts.
'Twenty-third-The majority Of the court
have assumed that the testimony of Lieu
tenant Commander A. c. Hodgson, not
withstanding its repeated contradiction, in
reference to the alleged conversation re-
garding the proximity of the Texas at the
time of the Brooklyn's turning Is true, and
have entirely ignored the testimony OF
Commodore Schley and Captain +. L. Cook
to the contrary, without even referring to
it in their statement of pertinent facts.
'Twenty-fourth-The majority opinion of
the court that Commodore Schley's conduct
in connection with the events of the San
tiago campaign, prior to June i, 1898, was
characterized by vaccillation, dilatoriness
and lack of enterprise, is in no wise justi-
fed by the evidence submitted in the case,
and could only nave been arrived at by
the action of the court in wholly ignoring
all of the evidence of Commodore Schley,
all of the evidence OF witnesses
in his behalf and all that portion of the
evidence of witnesses called by the judge
advocate which was favorable to the said
Commodore Schley.
''Twenty-hfth-The majority opinion of
the court is inconclusive in that it is en-
tirely silent on a charge preferred by the
Judge advocate during the course Of the
public investigation and claimed by him TO
come within the purview of the first speci-
fcation, to wit: That the said Commodore
Schley was derelict in the discharge of his
duty and unmindful of the regulations for
the government of the navy of the United
States in that he did not prescribe and
promulgate anticipatory orders of battle.
''Twenty-sixth-The majority of the court
have entirely failed TO determine as to who
&c H. $500
forces engaged in the battle Of Santiago,
the finding of which fact was absolutely
necessary in order TO determine properly
the first specification of the precept as to
nection with the events of the Santiago
campaign.
court have rejected the whole of the tes-
timony offered on behalf of the applicant,
and have not adverted to such testimony,
and have entirely. ignored the testimony
of the applicant himself, who was on the
stand for many hours and subjected to the
most searching examinations; n by so
doing they have perverted the ends of
justice. If this testimony was all false
they should have so announced, and If all
or any part of Ii was true the said appli-
cant was entitled TO the benefit of it, and
by declining to consider or pass upon 1t
they nave deprived him of his common
law and constitutional rights.
BIAS ALLEGED.
"Twenty-eighth-The majority of the
court have found the applicant guilty on
specifications which were substantially
abandoned by the judge advocate, as will
appear from the argument in the case.
''Twenty-ninth-The whole proceedings
show tina the majority Of the court, in
the opinion and report OF facts rendered.
have selected the testimony of a few hos
tile witnesses and upon that Testimony
have based the said opinion and report of
facts, discarding all the other testimony i'm
the case, without making the slightest ref
erence TO il, as they were directed by the
precept TO do.
"Thirtieth-The applicant. besides the
reasons herein given. hopes TO be able dur
ing the further investigation of this in
quiry TO adduce other serious and impor-
tant reasons why the majority opinion OF
the court should not be approved.
hirty-hrst-T applicant is prepared
TO show that the whole proceedings on the
part OF the majority OF the court have
been entirely irregular; that his rights have
been prejudiced and ignored; that his tes-
timony in many more particulars than
nave been herein cited has not been con-
sidered, and that the evidence is absolutely
insufficient TO sustain the opinion which
has been rendered by the majority OF the
court. That a grave injustice has been
committed, which would become irrepara-
Bile and be perpetuated unless this opinion
OF the majority OF the court should be dis
approved.
Wherefore, the said applicant most re-
spectfully prays that approval OF the opin-
ion of the majority of said court OF in
quiry be withheld, and that said opinion
be disapproved and that he may be afford
ed the opportunity TO have the testimony
OF record OF himself and his witnesses prop
erly considered and passed upon, and thai
the proceedings be remitted 70 the court