Evening star., 1901-12-20
REASONShSuBMITTED
Continued rom First Page.1
u r.

command during the battle, The matter
then before the court related to the periods
during which Admiral Schley had been in
absolute command and the judge advocate
said; Mr.. RayneE, yen are centining your
ply acquiesced in this view, and the court
ruled that "An questions shall
be confined to between the 10th Of May and
ton. management and control of that
squadron when che was actually comman-
der-in-chief" Matters referring to his al
legged command on,July were excluded.
On page 143S the court confirms this de-
cision.
(g) All proposed questions on this subject
were either rejected by the court or with
drawn by the applicant; who finally acqui-
esced in the decisions of the court and gave
up his efforts in this behalf, saying: 81 bow
respectfully to the decision Of the court
and know exactly what 1t means"
Instances of the withdrawal of such ques-
tions and of their rejection by the court
will be found in the record at pages 1873,
15I, 4S4 ass and 1885,
Admiral Dewey's Attitude.
(h) The minority opinion expressed by Ad-
miral Dewey in this matter is at variance
with all the rulings Of the court in this re-
gard and directly contradicts the letters
wherein Admiral Dewey, for the court, de-
fines Admiral SIMPSONS status.
The Navy Deartment in its precept had
justly provided that any person inter
ested might be given an opportunity of
appearing before the court in person or by
counsel and protecting his rights.
AS counsel for the applicant ignored at
times the courts rulings and spread upon
the records arguments rejecting upon Ad-
miral Sampson, we, as his counsel, three
separate times appealed to the court asking
for protection or for permission to appear
and defend Admiral SIMPSONS rights. Each
time our request was denied and we were
assured that Admiral Sampson was not in
volved, and finally Admiral Dewey, ac-
knowledging the receipt of one Of our let
ters in which we had appealed to him on
the ground of this very question as to who
commanded at Santiago, said IT have to
state that while the precept convening this
court gives it authority to permit any per-
son whom it may regard as concerned in
the investigation to be present
the court considers that Admiral Sampson
Is not an interested party; and
you are further informed that If circum-
stances arise which in the opinion of the
court render it necessary for Admiral
Sampson to be represented due notice will
be sent him. "H
Upon that promise Admiral Sampson re-
lied. The notice came only in the form of
a minority opinion by Admiral Dewey dis
cussing matters beyond the scope Of the
precept and nowhere included in the facts
found by the court Very respectfully,
STAYTON & CAMPBELL,
E. s. THEALL,
Counsel for Rear Admiral W. T. Sampson.
To the Honorable Secretary Of the Navy.
Departments Reply to schIey.
The Navy Department has not yet COM
pleted it's answer to the bill Of objection
filed Wednesday by counsel for Admiral
Schley, but 1t Is so far advanced that 1t
will be ready for delivery tomorrow. Cap
tain Lemly and Solicitor Hanna have given
a good part of today to the work Secre-
tary Long has sent a letter to Admiral
Schley, In which he says:
Ihe department has received your COM
munication of the 18th, instant wherein
you request that if a protest is filed by Rear
Admiral w. T. Sampson relative to the
question of command of the American
naval forces during the battle of Santiago
and credit for the victory won in that bat
tie, you be accorded an opportunity to pre-
sent, through your counsel oral argument
against such protest.
I'm reply you are informed that when
such such protest is received you will be ad-
V1sed OF the departments conclusion"
Soon after the receipt of the Sampson
protest Secretary Long went to the White
House to attend the cabinet meeting.
Three Matters Calling for Reply.
Thus, before noon, there was before the
Navy Department, three separate matters
calling for reply. In the first place, there
was the "bill of objections filed Wednes-
day by Mr.. Rayner for Admiral Schley
Judge Advocate Lemly and Solicitor Han
ma have been at work preparing the an
swer to this communication, which will
take the form Of report to the Secre-
tary. Then there is Admiral Schleys ap-
pl1cation to be heard, in case Admiral
SIMPSONS protest against Dewey's declara-
tion as to the command at Santiago is en-
tertained, and lastly there is the brief filed
this morning by Mr.. Theall of Admiral
SIMPSONS counsel concerning that subject
Mr.. league, hearing that the Sampson
brief had been received, called at the Navy
Department about noon to obtain a copy
and also to learn when he might expect the
report on the bill Of objections"
Secretary Long, however was absent at
the cabinet meeting and Can't LemIy to