The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-12-27
have boon wholly ignored by tho ma.
jority OF tho court in formulating their
maid rcpnrt nf Sooia gi34 sSs,S 80 sl35

-
aaid report OF SSots. & 9
IL. Tho majority Of the court in atat.
ing In it's report OF facts shet Oommo- 4
dOro Suhloy reoeived no positive in.
forniasion from the SCOUT ahips SO to
the preEenco Of tho enemy'n float in tho
harbor Of Saatiago utterly ignores the
overwhelming teotinonY In proof Of tho
fact that Capt. q. d. Sigsbes did aotu.
ally repors to Uommodote Sohley, and
to oth0rs that the Spanish fleet was not
in the harbor ofSantiaso.
ID. The opinion OF the majority Of
tho court and the report Of tao,s Ia on
tlreiy silont on tho subjaos Of she
proven aud admitted failure OF Uapts.
Wieo and JeWoll to comm unieAto tho
information they had received in rsfsr:
ence 10 tho prsience Of tho Spanish
fleet in tho harDor IF SanGago to Com.
modoro Sohloy.
Ia. That tho report OF the facts sub
raitsad by tho courts stairs that tho
oondisioau of ai0d, aos sud weather
iron noon on May rs 70 June 1ss, we're
favorable fox snkinE coal from a collier
ct Bca II Santiago, when this statement
has bson dirootiy oontroScrted by the
evidence of tho wituoabea for tho GOV
ernmcnt.
10. Tho tables prepared by govern
mont expertn ind admitted in evidence
boforo the court showing the cosl cup
ply Of tho vehaels Of tho flying squad.
r,n, With leforenoo to THUR chasing oa
pSoity, procsedins at full apeed With
iorood afsught, ha7o nos even bson I'D
varied 20 in tho repors Of fsota.
f.f.1G Thar, hoe, ,,nk kooo kho Il:
,efcfenca made by tho msjority Of she
court 20 the ord ats Of the honorable zoo.
rotary Of the navy, offored and provad
ia evidence, forbidding tho ha2arding
OF American phips against shorS bas,
| series, and the court has d soided against
tho suppiaans uEon the aovensh apeoi-
tieation OK the praoops, without, in chs
siiGhcat dsgscs, referring to this impor.
TAFT eviJenoc.
II. The majority OF the cours have
ontiroly failad to give any opinion aa
TO tSe oharsctor Of the blockade OF
Santiago, although tho cams was in
cluded in tho oiahlh specification nf rho
precapt, ard by specific direction the
coutt Yves obligated 10 givo an opinion
tboroupon.
| 18. Tho majority opinion Of tho court
that Commodore Sohloy should have
endoavored to capture tho Spanish
vchsels 40 anchor near the entranna Of
Santiago harbor, on May 20 and 80,
and that ho did not do his utmost with
tho foroo under his command to eAp.
turo or destroy the Colon and o.hcr
veasals Of tho eneny, on may 81, ID
whoily st Variance wish tho orders un
der which Commodore Sshley was ecs-
ing before Santiago, aaid ordess, aa 10
ssseatod by No. 8, dated May 81, 1898,
end sent ty Admiral Sampson to Ucm.
modore Sohloy, roparioting his opera
zion 70 tho establishment and mainton.
anoo OF q stookade OF tho port Of Santi-
! ago, il tho enemy should be found
| therein; and also said opinion ID utterly
and aeaci iuss lSss rs ssy as aneas with tie
over pl9lming weight Of testimony
which Clearly ostablighsd the fact that
the sRsir Of Nay 81 was predetermined
upon aud executed as 8 reoonnaisanoe
and not as formal attack ucon the
Spanish vessels nor upon the land bat
terlcs at the entrance to the harbor Of
Santiago.
49, The majority opinion Of the court
ls nmbiguouD and indeterminate in that
tho court holds tho turn OF the Brook
iyn to starboard vas msdc to avoid got
ting her into dangerous proximity to
the Spaniah vsspols, without stating
whether evasion Of suoh dangerous
proximity on his part was due TO tho
| personal fears OF Uolamodora Sohloy,
or to desire GU his part to preserve
tie ship intact, aud resdy for further
work in tho effort to win victory from
She enomy.
| 20. Tho ms jority Of tao court have
entirely ignofsd tho overwhelming tts.
rimcny submitted ia the caao in arriv-
ils aG tho opinion thst Commodore
Sohley orr6d iD oolnmenoing the en-
segment on July 3 WITH bi,e port bat.
| tory, tho evidence III the csso olosrly
| established the fact that in tho exsou
taon Of the standing order to ''oloso lis
and at,eck in harbor onsrsnoo," it WAS
imposaible for the Biooaiyn, without
turning away from tho enemy, 10 open
tho engagement except aith her port
battery; and tho evidence >also oloarly
establishes tho fact that the turning OF
The Brooklyn in the manner md diroo.
tlon In which sho did turn did not
cause her 10 lose eith.r distance or 20.
si.lon with tho Span,eh vessels, she
coz rary opinion OF the court upon thin
4ut jeot beng arrived at only by ditre
Saioing eli the evidenoe in behalf Of
Commodore Sohlsy.
a, The majority opinion OF the court
is ambiguous ana Understandable in
that while stating that tho Brooklyn'a 3
turning caused the Ttxaa TO stop and
20 bsek htr enslpoD TO avoid possible
collision, said opinion douD not s.atp
Whethor tiio danset OF suoh collision az
oomprohendtd by tho OH specification
OF tho preceps was real or imaginary,
Nheraaa tne overwhelming weight Of
tesnmoay clearly established The faot
that no time wss thoro danger OF ooi,
| livion bctwoen tho Brooklyn and tho
| Texas.
| %. The testimony OF Capt. u. e.
| Oook. awitnesa called by the judge ed.
vooatc, in rstersnos to She proximity OF
the Brooklyn to tho Toxaa at the tirnu
OF the Bsooklyn's turning, has been ia.
nortd and not oven advorsed TO In the
statement Of pertinent faots.
| 23. The In, joriiy Of tho court have
| asbumed chat she seetimony Of Lieut.
Commander A. O. Hodgson, notwish.
standing Its repeated contradiction in
1 reforonoo to tho alleged oonversasior
regarding the proximity Of tho Texas
/ | ~ ttr 81 Sr,N 80 khc u ooI1us.ja