The daily morning journal and courier., 1901-12-19
SCHLEY'S PROTEST IS FILED
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Continued from First Page.)
 7-The majority of the court in the
 opinion rendered have entirely ignored
 the admitted fact that the commander of the Eagle failed to communicate the
 situation at Cienfuegos to Commodore
 SchleY.
 S-The majority of the court in the opinion rendered have entirely ignored the uncontradicted evidence In the case that Captain Robley D. Evans. know ing the meaning of the signal lights on shore at Cienfuegos, failed to com municate his information concerning them to Commodore Schley.
 9-The majority of the court in the report os facts submitted declare that the signal lights on shore near Cien- fuegos were seen by Commodore Schley on the night of May 22nd, 1898, when in fact the overwhelming weight of both oral and documentary evidence proved that Commodore Schley saw and had knowledge of these lights on- ly on the night of May 23rd and at no other time.
 10-The majority of the court in the opinion rendered are silent on the sub ject of the following charge preferred by the judge advocate against Commo- dore Schley during the progress of the Investigation, namely, that he did not mask his movements in departing from in front of the port of Cienfuegos, but by using the Ardois signals he revealed inc destination of his squadron to the enemy on shore, despite the fact that by overwhelming weight of testimony this charge was entirely disproved.
 1.-The majority Of the court have passed their opinion in reference to the retroSrade movement upon statement made in their report of fact that Con- modore Schley, before sailing for Cien- fuegos, received reliable information that ships could be coaled in the vicin- ity of Cape Cruz and Gonaives channel, and it is now respectfully denied that there was any such positive testimony in this case: every witness with one exception, who was examined on the subject disavowed all knowledge in reference thereto, and the uncontra- dicted testimony of Captain Cook es- tablishes the fact that the official charts with which the flagship Brook lyn was supplied, and upon which Com- modore Schley was compelled to rely for information. showed coaling at Cape Cruz to be neither feasible nor practicable, and the records clearly show that not until the 27th of May, three days after leaving Cienfuegos, when Captain Charles s. Cotton visited the flagship Brooklyn, did Commodore SnH low tion concerning the feasibility or prac- of coaling his ships from a collier in Gonaives channel; all of which facts have been wholly ignored by the majority of the court in formu- lating their said report of facts.
 12-The majority of the court in stat ing it's report of facts that Commodore Schley received no positive information from the scout ships as to the presence of the enemy's fleet in the harbor of Santiago, utterly ignores the over- testimony of proof of the fact that Captain c. D. Sigsbee did actually report to Commodore Schley, and to others that the Spanish fleet was not in the harbor of Santiago.
 13--The opinion of the majority of the court and the report of facts is entire y silent on the subject of the proven and admitted failure of Captain Wise and Jewell to communicate the infor- nation they had received in reference to the presence of the Spanish fleet in the harbor of Santiago to Commodore 5chley.
 h-That the report of facts submitted oy the court states that the conditions If wind. sea and weather from noon 1n May 26 to June 1 were favorable for .aking coal from a collier at sea off Santiago, when this statement has been lirectly controverted by the evidence ,f the witness for the government.
 15-The tables prepared by the gov- ,rnment experts and admitted in evil lence before the court, showing the | ,oal supply of the vessels of the flying ! squadron, with reference to their chas- ] ng capacity. proceeding at full speed | with forced draught, have not even to in the report of facts.
 16-There has not been the slightest eference made by the majority of the ourt to the orders of the honorable ecretary of the navy, offered and prov d in evidence, forbidding the hazard | nR or AIlGIlCdu SillpS d5dlISL SuOEG ,atteries, and the court has decided | Igainst the applicant upon the seventh pecification of the precept, without, in i he slightest degree, referring to this important evidence
 1.-The majority of the court has en- irely failed to give any opinion as to he character of the blockade of San iago, although the same was included n the 9th specification of the precept, nd by specific direction the court was to give an opinion thereupon 1S-The majority opinion of the court hat Cmomodore Schley should have ndeavored to capture or destroy the panish vessels at anchor near the en- rance of Santiago harbor on May 29th r 3Oth. and that he did not do his ut lost with the force under his com ,and to capture or destroy the Colon nd other vessels of the enemy on May