The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-12-19
ADMIRAL SCHLEY'S COUNSEL
FLIES BILL OF EXCEPTIONS
CONTINUED From Page one)

arriving at the opinion that Commo
dore Schley erred in commencing the
engagement on July with the port
battery, and that the Brooklyn did not
lose either distance nor position with
the Spanish ships in making the turn;
that the majority opinion is ambiguous
upon the subject of the backing of the
Texas in that 1t does not state whether
the danger of collision was real or
imaginary; that Captain Cooks testi-
mony on this point was entirely ig-
nored; that the finding with the Hodg
son controversy has been repeatedly
contradicted in the testimony that the
majority opinion that Commodore
Schley's conduct was characterized by
vacilation, dilatoriness and lack Of
enterprise is not justified by the evil
dence submitted; that the majority
opinion is entirely silent upon charge
by the judge advocate, coming within
the purview Of the first specification;
that Commodore Schley was derelict in
the discharge of his duty; that the
majority of the court entirely failed to
determine which was commander in
chief in the Battle of Santiago, which
finding was necessary to determine
the first specification of the precept as
to the conduct of Commodore Schley;
that the majority of the court have re-
jected the whole of the testimony on
behalf of the applicant and the
testimony of the applicant himself,
and by so doing, has perverted the
ends of justice and deprived him of his
common law and constitutional rights;
that he has been found guilty upon
specifications substantially abandoned
by the judge advocate and the testi-
rnony of a few hostile witnesses has
been made prominent.
The hill concludes with the state
ment that the proceedings Of the ma
jority of the court were irregular that
Admiral Schley's rights have been pre-
JUDGED and his testimony in many
particulars not considered and that the
evidence is absolutely insufficient to
sustain the opinion which has been
rendered and that therefore grave
and irreparable injustice has been
done Admiral Schley
Admiral Sehley, through counsel, al
so has served notice that II Admiral
Sampson objects to the finding of Ad-
miral Dewey he Will claim the right
to be heard in reference to such Objec-
ton.
In regard to this last claim Secreta-
ry Long informed counsel that it was
not the practice of the department to
have oral hearings on matters Of this
kind. He intimated that he would en-
tertain a written argument.
Commenting on todays action Mr..
Rayner said; THE objections which we
have filed rest upon the ground that
Admiral SchIey had been deprived Of
his rights, as guaranteed to him by the
law of the land and the constitution
of his country We claim that the
whole Of the evidence in favor of the
admiral, including his own testimany
of ali of his witnesses has been reject
ed by the majority Of the court and
not even considered or passed upon.
Such a method of procedure would not
be permitted to stand for q. moment
before any tribunal governed by any
principle Of common law or common
Justice
1.-The admiral was on the stand for
about four days and not a word that
he uttered and not a solemn assertion
that he made under the sanction of bis
oath. has been adverted to by the MA
jority Of the court Such a method of
disposing Of case is unparalleled in
the annals of civil or of criminal laws.
The greatest malNactor in the land
under the constitution is entitled to
have his evidence considered and
passed upon.
I'VE shall therefore, avail ourselves
of every remedy tint we have to i'm
peach this appalling verdict"