The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-12-21

justly by inaccurate and misleading
oInclal reports the turning homeward
OF powerful squadron at a critical
period of war in disobedience of orders
is very serious matter.
Under the seventh clause of the pre-
cept; The evidence adduced before the
court shows that during the whole of
the 18th and 30th of May the Cristobaf
Colon and other vessels of the Spanish
squadron lay in the entrance to San
tlago harbor the Colon moored in plain
sight, broadside to the entrance; that
this harbor was defended by weak bat
teries, and that there was nothing to
prevent the Flying Squadron from de-
stroying the Colon, and, perhaps, other
of the enemy's vessels as they lay at
anchor; that no effort whatever was
made to do so on the 29th or on the
S0th of May; and that the attempt
made on the 31st was brief and abor-
tive. 1t is complained in paragraph
16 of the paper above mentioned that
certain cautionary orders issued by
the department were not in
the slightest degree referred
to by the court These
cautionary orders We're introduced in
evidence and fully discussed in argu-
ment We contended that, quite OBJ
viously, they had no application to the
conditions existing at Santiago on the
18th, 30th and 31st of May, and the
hndlng of the court, that Commodore
Schley should have endeavored to cap
ture or destroy the Spanish vessels at
anchor near the entrance of Santiago
harbor on May 20 and 30, and that he
| dld not do his utmost with the force
under his command to capture or de-
stroy the Colon and other vessels of
the enemy, which he attacked on May
3lst, show that the court reached such
conclusion.
Was Not a Reconnoisance.
1T may very properly be added that
the claim of the applicant and counsel
that the affair of May 81 was intended
merely as reconnaissance, is not
porne out by the evidence, for while
testimony was introduced to show that
IT was SO designated by Commodore
Schley in conversation with "a naval
cadet and with a newspaper corre-
spondent prior to entering upon it,
none of the commanding officers Of the
vessels engaged was so advised and no
instructions We're given relative to the
taking of notes of the engagement.
The commanding officers We're, on the
contrary, informed, in effect, that the
purpose was to destroy the Colon. and
the officers in charge of the turrets OF
the Massachusetts We're instructed ac-
cordlngly by the commodore in person
Under the 9Th clause of the precept:
The evidence before the court, from the
bridge and from the engine room.
showing that the Texas was stopped
and backed to avoid possible collision
with the Brooklyn is indisputable That
danger and delay to the Texas and loss
of distance and position by the Brook
lyn were the immediate results of the
loop executed by the latter vessel, is
too clearly shown to admit of doubt;
and the finding of the court upon this
point is fully sustained by the evidence.
The Hodgson Finding.
Under the tenth clause of the pre-
cept: 1t was established by the in
PRODUCTION before the court of the orig
inal letters themselves that Rear Ad-
miral Schley obtained from Leuten-
ant Commander Hodgson, a junior Off
Ger who had served under him, a cate
gorical statement that certain 'colIo-
guy reported in the public press, to
have taken place on the bridge of the
Brooklyn, July 3. between himself and
Commodore Schley never occurred al
though Mr.. Hodgson had assured the
Admiral that the facts as published
were substantially correct that the
Admiral gave out for publication the
categorical denial thus obtained, but
did not publish an accompanying ex-
planatory and qualifying letter; and
that subsequently, although repeated
ly appealed to by Mr.. Hodgson, Ad-
miral Schley failed to do justice in the
matter.
''All members of the court agree in
finding that Admiral Schley did in
justice to Lieutenant Commander A.
c. Hodgson in publishing only a por-
tion of the correspondence which pass
ed between them.
'The mere perusal of the correspond
ence in this case is sufficient to show
the correctness of this finding, and to
convince any impartial reader that it
could not be and ought not to be modi-
fed.
Upon the points above set forth,
which appear to embrace substantial
ly the important matters covered by
the inquiry, the court is united, and it's
finding are unanimous; they are sus-
tanned by the unimpeached and unim-
peachable testimony of Commodore
! Schley's brother officers. who
| served with and under him,
by official kilograms, letters,
and reports, and by the logs of the
several vessels of his squadron, and
it would accordingly be idle to remit
these matters to the same body for
| reconsideration upon the same evil
dence.
at is not by any means intended
here to say that the foregoing princi-
pal points covered by the inquiry are
the only points upon which the find
ings of the court are in all respects
or substantially unanimous; because
the truth is that the court is a unit up
on all, points except those as to which
the admiral expresses individual, but
not in all cases contradictory views.
1t does not appear that any good pur-
pose would be served by asking the
court to reconsider these.
aside from the inaccurate ard
misleading use of the term the ma
jority of the court. the next prominert
feature of the paper before us is the
broad and sweeping fashion in which
the applicant and his counsel declare
that the court has ignored or not
considered evidence. A sample sen
tence is the following from paragraph
27, although the paper is largely MADE
up of such remarkable statements:
THE majority of the court have
rejected the whole of the testimony
offered on behalf of the applicant, and
have not adverted to such testimony,
and have entirely ignored the testi-
mony of the applicant himself
"The court adjourned on the 7th OF
November, last. Since that date its
members have been, with rare excep-
tions. in daily session, morning and
afternoon, examining the evidence be-
fore them. II was their sworn duty
to consider and weigh that evidence,
and the applicant and his counsel have
no right TO say that they have disre-
garded it.
ont of His own Mouth.