The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-21

The report submitted by Captain Lem
ly is as follows:
''Sir-A communication dated the 18th
inst, signed by Rear Admiral w. s. Schley
and by Isador RaynerSand James Parker.
his counsel, obJecting 10 the approval of
the findings of the Court of Inquiry in
the case OF Rear Admiral Schley and ask
ing particularly that what the signers
pleased 10 term the opinion of the major
ity of the court be remitted TO the court
for further consideration has been received
by the departments reference and is re-
turned with the following statement:
1T Is somewhat difficult to deal with
this paper on account of its general and
nonspecifc character and sweeping.
though Unsupported assertion of opinion
by the applicant and his counsel that. in
their judgment. the adverse finding of the
court is not justified by the evidence. The
paper might be dismissed simply a not
unexpected expression OF dissatisfaction
with an adverse judgment but for the
fact that it contains a number of mis-
statements and. particularly, has woven
throughout its entire structure an inaccu-
rat and misleading' use of the words ma
Jority Of the court
THE findings OF the fact and the opinion
OF the court OF inquiry in the case of
Admiral Schiey upon the more important
and material points before it, were not
reached by a majority of the members
only. but by the entire court The points
OF the precept upon which all the men,
bers OF the court unite appear to be in
cOntrOVertibly established by the evidence;
it is not understood how any other con-
clusions could have been reached upon
them. and they constitute the essential
features OF the entire matter under in
''The evidence adduced before the court
cOnclusively shows under the fourth
clause of the preCept: That on the 26th
of May. 1895. when within a few miles
of Santiago. to which point he was under
orders TO proceed with the utmost dis
patch and where he was advised that the
enemy's feet was reported TO be and where
I'm fact IL actually was, Commodore Schlev
turned about with the fleet under his COM
mand. consisting Of some of the best yes
sells OF the American navy. and headed for
a home port more than 700 miles distant
without sufficient reason or excuse for
time the scouting vessels the department
had sent there 10 watch the entrance and
leaving the port of Santiago with the en-
emy's fleet inside unguarded. Upon this
t.oint the court says in its opinion: He
should not have made the retrograde turn
westward with his squadron In the face
OF the facts the court could not have found
otherwise.
IMPORTANT ORDER DISOBEYED.
Under the fifth clause of the precept:
That while thus abandoning the field of ac-
tion with his fleet Commodore Schley was
overtaken by a dispatch vessel bearing an
urgent order. dated May .. from the de-
partment. in substance directing him 10
proceed TO Santiago. ascertain facts. re-
port and not suffer the enemy 10 escape;
that nevertheless. he continued TO retreat
with his squadron. teIegraphing to the sec
retary OF the navy: 1t is TO be regretted
that the department orders cannot be
obeyed' The court found that he should
have promptly obeyed the Navy Depart
ment's order OF May 25.' Disobedience of an
important order In time OF war having been
thus virtually confessed. no other finding
By the court was possible.
"ITnder the sixth clause OF the precept
Commodore Schley's explanation of the
retrograde movement and of his disObedi-
ence OF orders as made at the time I'm a full
telegram 10 the department on the subject
was IN substance. shortage OF coal ard
inability 20 coal the ships OF his squadron
from the collier Evidence developed before
the court shows that the squadron was at
the time well equipped with coal. and that
coal had been and could be readily taken
from the collier. There was nothing for
the court but TO find. il did. that Com
modore Schley's official reports regarding
the coal supply and the coaling facilities OF
the flying squadron were inaccurate and
misleading. An attempt 10 Justify by In
accurate and misleading official reports the
turning hOmeward OF a powerful squadron