Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-21
END Of SCH[[Y CASE
Secretary Long Approves Find.
ings Of the Majority Of
Court of Inquiry.
Dewey's Dissenting Opinions are
Not ACCOMPLISHMENTS
Counsel Turned Down.
Courts Recommendation Against
Further Proceedings in Case
Acquiesced In.

Washington, Dec, 21-Secretary Long
this afternoon issued a formal order dis
solving the Schley court of inquiry. The
order was communicated at once to
Dewey, president OF the court, who ac-
knowledged its receipt and said in con-
formity with the order of the secretary
he announced the dissolution of the
court.
Washington, Dec. 2l.-Secretary Long
today disposed finally of the Schley case
so far as the navy department is con-
cerned. by acting upon the findings and
conclusions of the court of inquiry. He
approves the findings of fact and the
opinion of the full court. He approves
the majority opinion where there is a
difference in the court. He holds the
court could not have entered into con-
sideration of the question Of command
at the battle of Santiago. Finally, he
accepts the recommendation that no
further proceedings shall be held. The
secretary also declined the application
of Sampson's counsel to enter upon an
inquiry into the question of command
and notified Schley's counsel of that
fact, as reason for declining to hear
them on that point.
Longs approval OF the majority re-
port was as follows:
The department has read the teSti-
mony in this case and arguments Of
counsel at trial; the courts findings of
fact, opinion, recommendation and the
individual memorandum of the presid-
ing member; statement of exceptions to
said findings and opinion by applicants
counsel and the reply to said statement
by the judge advocate and his assistant,
and the brief of this day submitted by
counsel for Sampson, traverstnG the
presiding members view as to who was
in command at the battle Of Santiago.
and after careful consideration the
findings OF fact and opinion of the full
court Is approved As to the points on
which the presiding member differs
from the ma joriix OF the court opinion.
the majority is approved as to the fur
ther expression of his views by the
same member with regard to the ques-
tion Of command on the morning OF
July 8, 1898, and of the title to credit for
the ensuing victory, the conduct of the
court in making no finding and render
ing no opinion on those questions is ap-
proved, Indeed it could with propriety
take no other course, evidence on these
questions, during the inquiry. having
been excluded by the court. The de-
partment approves the recommendation
OF the court that no further proceed
ings he had in the premises. The de-
partment records it's appreciation of the
arduous labors Of the whole court.
(Signed) JOHN D. LONG,
"Secretay of the Navy
The text of the secretary's letters
to Sampson's attorneys and Schley are
as follows
"Gentlemen-In view of the depart
ment's approval, this day, Of the rec
ommendation Of the court of inquiry
in the case of Schley, that no further
proceedings be had, and of the fact
that the question of command was ex-
cluded from consideration by the court,
the department will take no action upon
the brief filed by you on behalf of
Sampson. Very respectfully, John d.
Long, Secretary
To Slayton, Campbell & Theall,
New York. Sirs: s:-Referring to the de-
partment's letter of the 18th instant
you are advised that action today has
been taken upon the findings, opinions
and recommendations of the court of
inquiry in your case and upon the min
ority opinion of the presiding member,
and copy of the endorsement embody-
ing such action herewith transmitted
for your information. In response to
your request of the 18th instant, here
should be filed by Sampson relative to
the question of command Of the Amer
lean naval forces during the battle of
Santiago, and credit for the victory
won in that battle, you be accorded an
opportunity to present thru your coun-
sci. oral argument against such pro-
test, you are advised that brief on this
subject has this day been filed by Slay-
ton, Campbell & Theall, counsel for
Sampson. In view, however, of the
departments approval of the recon-
of court of inquiry that no
further proceedings be had, and of the
fact that the question of command was
excluded from consideration by tho
court, no action will be taken upon said
brief and a reply to that effect Copy
enclosed) has this day been made to
counsel for Sampson. Copy of the re-
port of the judge advocate of the court
and his assistant, upon your communi-
cation of the 18th instant. objecting
to approval of the findings of the court,
S also herewith transmitted Very
John d. Long. Secretary.
ITO Rear Admiral Winfield S. Schley.
U. S. N, retired"
RAYNER INDIGNANT.
Says Long Has Acted in Biased and