Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-20

we pages herein cited from the record
VIZ court rejected such evidence and
lection.
l0 The court more than once epe-
plneally ruled that this question was
not before it,
For example; At page 1888, where
we question was as to the position Of
the commander IN chief and OF the New
YORK ana as TO the port they took in the
bottle Admiral Dewey said 1--WE do
not want that We have ruled that
out The Judge advocate then asked
u the court had so ruled and Admiral
Dewey replied
I'VE have We have kept the New
York out Of IT,"
See also page 49,
WHAT COURT RULED.
% The court went 80 far az to rule
az page li2l That Admiral Schley wan
not IN command during the battlp. The
matter then before the court related
to me periods during which Admiral
Schley had been In absolute command,
ana the Judge advocate said
AIR. lSaynoL YOU are oonhnng your
ser to july 3. are you2
Mr. Raynor IN reply acQulesced Ia
TINS view ana the court ruled that "all
questions shah be confined to between
the lBth % May and the first of dune,
relallns To tl' organization, manage
men1 and control OF that squadron.
Whtn no was actually commandments
chief Matters referring TO MS alleged
command on July 3 were excluded.
on page 1888 the court confirms this
decision
90 All proposed questions on this
subject We're either rejected by the
court or withdrawn by the applicant.
who finally ac0ulesced In the decisions
of the court and gave up hls efforts In
this behalf saying " bow respectfill-
~ 10 the decision OF the court and
know exactly what It means"
i.1tances ~ The withdrawal Of such
questions and OF their rejection by the
court win be found In the record az
pages 1885, l57 49, $50 and 1850
thl The minority opinion expressed
10y Admiral Dewey In this matter Ia
AT variance With an the rllngs Of the
court I'm this regard and dtcctly con-
tradlots the letters wherein Admiral
Dewey for the court defines Admiral
Sampson'e stQtus
The navy department IN It's pretept
had justly provided that any person
interested" might be given an oppor~
tunity Of appearing before the court IN
person or by counsel and protecting his
rights,
AZ counsel for the applicant ignoped
az times The eouu'a ruliaga and spregf
upon tie record alBumentg reflet ting
upon Admiral Sampson, We as hls
counsel, through separate tipea. SV-
poalcd 10 the court asking FOR protec
ton OF for permission TO appear HnG
defend Admiral SIMPSONS rights Each
time our request WAS denied and we
were assured that Admiral Sampson
was not involved and, finally, Admiral
Dewey acknowledges the receipt Of
one Of our letters In which We had APP
pealed to him on the ground OF this
very question as TO who commanded
az santiago said
~ have 10 state while the precept
converting this court gives II authority
70 permit any person whom It may re-
gard as concerned In the Investigation
10 be- present the court con-
siders that Admiral Sampson is not an
Interested party and YOU
are further informed that II circum
stances arise which, In the opinion Of
the court, render II necessary for I'D
mlral Sampson to be represented due
notice win be sent him.
Upon that promise Admiral Sampson
relied The notice came only In the
form of a minority opinion by Admiral
Dewey discussing matters BEYOND the
scope OF the precept and nowhere In
ola Ia, ba "a FnftVtI hV ba
Very respectfully.
STATION & CAMPBELL.
f. s. T1lEALL,
Counsel for Rear Admiral w. 4, Samp-
son.
no the Honorable Secretary Of the
Navy,
LEMLY SUBMITS REPORT.
Washington Dec 20.--Judge Adyo-
cate Lemly and Solicitor Hanna this
afternoon submitted 10 Secy. Long
their report OF the bill of objections
filed by Admiral Schley through his
counsel to the findings OF the Schley
court Of inquiry In substance this
report is an argument supplementary
to the argument made by the writer's
before the court OF inquiry. The pTin-
cipa points are an insistence upon
their contention that the frat report is
the unanimous report Of the court OF
inquiry, that the court was justified In
rejecting Admiral Schley's evidence by
the number Of witnesses who took issue
with him and that there is no sufficient
reason FOR a reopening of the case as
requested by Admiral Schley. Secre-
tary Long has not yet acted upon the
report hut IS expected 10 do so tomor-
row. II adopted the report viii be
forwarded TO Admiral Schley.