The times. [volume] (Richmond, Va.) 1890-1903, 1901-12-19
SCHLEY EXCEPTS
TO THE FINDINGS
lIisCouIlsel File Bill With
Secretary Long.
LATTER IS RETICENT.
Decline to Discuss Matter After Re-
cevjng Papers.
VIGOROUS DEFENSE WAS MADE
The Findings Of The Majority OF the Court
Dssected and Able Argument Made TO
Show That They We're Not Wars
rautcd by the Evidence.
Will Not Hear Oral
Argument.
VIGOROUS DEFENSE WAS MADE
CBy Associated rrcss. }

(Sy Associated FTcss.)
WASHINGTON, u. c, Dec. lS.-Ad-
7piral schlcy through hjs counsel TO-
day fled with the Secretary Of the Navy
,hc bill OF exceptions 10 the majority
findings of the court Of inquiry and
also a i.icr .sling 10 be allowed TO Ee
heard in connection with the objections
10 be flcd by attorneys for Admiral
Sampson. te the individva! opinion OF
ADMIRAL Dewey.
Th's action was taken after Mr.. lia5nc''
1i. Tongue. ana Captain Parker, OF
counsel for Admiral Sehley, had hfla
a consultation throughout the day Wl'a
their Client Secretary Long, also I'M
mediatcly after the receipt OF the COM
rluuicattons called Judge Advocate Lem
lv and the solicitor for the Department,
Mr lIanua, into conference. At its con-
olusiou the Secretary said that he had
40 statement 10 make regarding any
action that he might take in the prem
ises lie. however. indicated to MI
league. through The judge advocate. that
nc would not hear an oral argument by
Mr Rayncr regarding Admiral Sampson 5
protest, but that he would receive a
written statement.
1t was expected that counsel for Ad-
miral Sampson would tlc 'hrir objections
TO the findings of Admiral Dewey in the
case to-day. but ii is now stated that
such objections may not he offered before
Friday.
BILb OF EXCEPTIONS.
The bill of exceptions is as follows:
Objects TO The approval OF the find-
l., r~rF mud
tho opinion rendered and the report OF
facts made by ;he majority Of the court
arc in conflict with the overwhelming
weight of evidence; End that the ma
io,,ity of tho court III their said opinion
have ignored the testimony of the appll-
cant and Of the whole of the applicants
witnesses and ali that portion of the cNi-
dcncc given by witnesses for the Govern
mcut, which vas favor; bic TO the appii-
cant and have thus deprived him OF
rights guaranteed to him f:y the laws
of the land and the Constitution of the
United States.
GROUNDS OF OBJECTION.
The bill assigns The following grounds
IN support OF The objection:
y The ma jority Of The court have Civ
on their opiuion that Commodore Schlcy
should have proceeded with The utmost
lisI atcIi off Ccnfuegos. when there was
when The applicant did not have suffi-
,icnt oppurtunity to bring in proper and
convincing evidence in reference thereto, /
and n-heiI the only evidence taken by
tho court on this subject was directly
contrary 10 the opinion rendered.
- The majority of the court have held !
that the applicant should have cndcaNor- 1
cd 10 open communication with the irlSul-
gents at the place designated in the mem
.r1ndlsnl by Commander McCalla deliver
I'd 10 him On the morning OF tic 2Sd OF
May, 1885, WHOM III fact. there was 10
place mentioned in said memorandum as
being Il place AT which a camp OF insur-
gents was located.
- The majority Of the court have ar |
rived AT the opinions stated in the iorego- |
ing para graph without regard TO the fact. |
which was proven hv an overwhelming /
weight Of testimony, that the said Nc |
Gala memorandum was sent to Conmo-
,icre Schley only for use in connection /
NTH the information II contained relative I
10 certain batteries, at, or being con- |
srructed in the vicinity of the entrance !
10 the harhor Of Cienfuegos. as is attest !
Cd rv the order No 6. dated May 18th.
1888. and sent to Commodore SctlieT by |
admiral Sampson.
q The ma ajority of the court III the |
opir,igt. rendered hold that Commodore |
Schley should lave maintained close |
blockade OF CienfueGoS, when by over |
-
close and effective blockade OF that port |
Was maintained. the judse-advocate haN-- /
in2 substantially abandoned any charge !
to the contrary.
- The majority OF The court IN the |
opinion rendered have entirely ignored !
the testimony proving that the British /!
steamer Adula Was permitted TO so into |
the harbor of Cienfuegos in order that |
tuftrrna ton might be obtained through |
her as TO whether the Snanish fleet Vas |
then in that port. it having been clearly |
established that the captain of the said |
british steamer Aduia promised and /
agreed before permission was given HIM.
10 enter the port that he would bring his |
s,lp ont in fewer than twentyfour hours |
and furnish the information desired.
ORDER OF SAMPSON.
sc The ms. iority of the court in the |
opinion rendered have entirely failed to
refer TO dispatch No. T. admitted TO have
been sent by Admiral Sampson to Com
rlmlorc Schley, the construction OF
which was agreed upon in the argument
Of the case. to-wit That it was an im-
pcratIve order for Commodore Schiey to
hold his squadron on CienfneSos whether
the Snanish fee; was or was not III that
harbor.
- The majority OF the court in the
oninion rendered have entirely ignored
the admitted fact that the commander
OF tiiD I3Slc IdiiCd 10 comm uliit"tS SA'S
situation at Cicnfuegos 10 Commodore
Schlcy.
IS The majority of The court in the
opinion rendered have entirely ignored
The lncontrsdicted evidence in the case
Chat .Captan Hohicy y. Evans. Knowing
Vic meaning OF The signal Lights OF
shore. al CIcnfucsns. failed 10 comnuni-
cafe his iatormat"n concerning tlcm TO
Commodore Sciilcy-