The San Francisco call., 1901-12-19
SCHLEY FILES
HIS EXCEPTIONS
Declares Court Did Not
Consider All Of the
Testimony.

WASHINGTON, Dec. 1S.-Late this
afternoon, Admiral Schley, through his
counsel, filed with the Secretary OF the
Navy his bill of exceptions to the majority
findings of the court of inquiry and also
a letter asking to be allowed to be heard
in connection with the objections to be
filed by attorneys for Admiral Sampson
to the individual opinion of Admiral
Dewey This action was taken after Ray
nor league and Captain Parker of coun-
sci had held a consultation throughout
the day with their client.
Secretary Long almost Immediately
after the receipt of the communication
called Judge Advocate Lemly and the
solicitor for the department, Hanna, into
conference At its conclusion the Secre-
tary said he had no statement to make re-
garding any action that he might take in
the premises. He, however, indicated to
league through the judge advocate, that
he would not hear an oral argument by
Raynor. regarding Admiral Simpsons pro-
test, but that he would receive a written
statement. 1t was expected that counsel
for Admiral Sampson would file their OBJ
jections to the findings of Admiral Dewey
in the case to-day, but it is now stated
that such objections may not be offered
before Friday.
Objects to Approval.
Schley's bill of exceptions declares that
the applicant "objects to the approval of
the findings of the court upon the ground
that the opinion rendered and the report
of facts made by the majority of the court
are in conflict with the overwhelming
weight of evidence and that the majority
of the court, in their said opinion, have
ignored the testimony of the applicant and
of the whole of the applicants witnesses
witnesses for the Government which was
favorable to the applicant and have thus
deprived him of rights guaranteed to him
by the laws of the land and the constitu-
+io, of tho TTrited StateSo
Upon the grounds set forth the ap-
plicant respectfully prays that approval
of the opinion OF the majority % OF sal SAID
opinion be disapproved and that he may
be afforded the opportunity to have the
testimony on record of himself and his
witnesses properly considered and passed
upon and that the proceedings be remitted
to the court for that purpose and that he
be given such other and further relief as
he is entitled to in the premises.
The letter asking permission to argue
against the protest of Admiral SIMPSONS
attorneys follows:
l. In regard to the reported intention of
Rear Admiral w. T. Sampson. U. s. NJ. by
his counsel, to file. with your consent, protest
against your approval Of that portion of the
dissenting opinion of Admiral George Dewey,
y. S. N, to the majority of the finding of
court of inquiry recently held and before which
commandership of the American naval forces
during the battle Of Santiago Is decided in
favor of Commodore w. S. schley, u s. n,
accorded to the said Commodore Schley, I have
the honor to most respectfully request as fol-
lows:
q That If such protest is filed with you
by the said Rear Admiral W. T. Sampson, o.
S NJ may be given opportunity to present
through my counsel oral argument against such
protest Very respectfully,
w. S. SCHLEY.
Rear Admiral U. s. N, retired.
ISIDOR RAYNOR,
JAMES PARKER,
Counsel for the applicant before said court of
inquiry.