The Montgomery advertiser., 1901-12-19

IeaSlDlllly iOl CO0Ahh6
 Gonaives Channel, all of which facts have been wholly ignored by the sIhaej ejority .of the court in formulating their afeport or facts. r~s
 'Twelfth-The majority in stating that Commodore Schley received no positiVe information from the scout ships as to the presence of the eneiny's heet m tne harbor of Santiago. utterly ignores the overwhelming testimony in proof or the fact that Captain Sigsbee did acthaiiy report to Commodore Schley ana 10 others, that the Spanish neet was not m the harbor of Santiago.
 ''Thirteenth-The majorftys report and opinion are entirely silent on the subject of the admitted failure of Captain Wise and Jewell to communicate any tnf6fma- tion they had received in reference to the presence of the Spanish fleet in the harbor of Santiago to Commodore Schiey'
 ''Fourteenth-That report of the facts submitted by the court states that fhe conditions of wind, sea and weather from noon May 2e to June l, were favorabte for taking coal from a collier at sea on Santiago when this statement has been directly controverted by the evidence or the witness for the government.
 ''Fifteenth-The tables prepared by government experts and admitted in evidence before the court showing the coal supply of the vessels Of the nylng squadron, with reference to their cruis- ing capacity proceeding at full speed with forced draught, have not even been ad- verted to in ithe report of facts.
 ''Sixteenth-There has not been the slightest reference made by the majority to the orders of the Secretary of the Navy proved In evidence forbidding the hazardlng of American ships against shore batteries, and the court has decided against the applicant upon the seventh specification of the precept without in the slightest degree referring to this inn- portant evidence.
 ''Seventeenth-The majority tailed to give any opinion as to the character or the blockade of Santiago. although the same was included in the eight specigca" tion of the precept and by specific direc- tion the court was obligated to give an opinion thereupon.
 "Eighteenth-The majority opinion that Commodore schley should have en- deavored to capture or destroy the Span. ish vessels at anchor near the entrance of Santiago harbor and that he did not do his utmost to capture or dastr9s the Colon and other vessels May q, IS wholly at varience with the orders under which Commodore Schley was acting before Santiago, said orders .as is attested by No. sent by Admiral Sampson to Com modore Schley, restricting his operation to the establishment and maintenance of a blockade of the port of Santiago if the enemy should be found therein; and also said opinion Is utterly and absolutely at variance with the overwhelming weight of testimony which clearly established the fact that the affair of May S1, was predetermined upon and executed as a reconnaissance and not a formal attack upon the Spanish vessels, nor upon the land batteries at the entrance of the har- bor of Santiago.
 'Nineteenth-The majority opinion is ambiguous and indeterminate in that the court holds the turn of the Brooklyn to starboard was made to avoid getting her into dangerous proximity to the Spanish vesels without stating whether evasion of such dangerous proximity was due to the personal fears of Commodore Schley or to a desire on his part to preserve the ship intact and ready for further work in the effort to win a victory from tine enemy
 "Twentieth-The majority entirely ignored the overwhelming testimony sub mitted in the case in their opinion that Commodore Schley justly erred in com mencing the engagement on July with the port battery, the evidence in the case clearly establishing the fact that in the
 
 in and attack in harbor entrance 1t was impossible for the Brooklyn, without turning away from the enemy, to open the engagement except with her port bat- tery; and the evidence also clearly estab- Iished the facts the turning of the Brook lyn did not cause her to lose either dis tance or position with the Spanish ves- sells. the contrary opinion of the court being arrived at only by disregarding all oF fn h.4h oF modore Schley.
 "Twenty-first-The ma ajority opinion is ambiguous and indetermlnate in that while stating that Brooklyn's turning caused the Texas to stop and to back her engines to avoid possible collision, said opinion does not state whether the danger of such collision as comprehended by the ninth specification of the precept was real or imaginary, whereas the over wheIming weight of testimony clearly established the fact that at no time was there danger of collision between the Brooklyn and the Texas.
 "Twenty-second-Th testimony of Cap- tain Cook, witness called by the Judge Advocate, in reference to the proximity of the Brooklyn to the Texas at the time of the Brooklyn's turn, has been ignored.
 "Twenty-third-The majority assumed the testimony of Lieutenant Commander HOdgSOn, nOtWltnSta00lnB US repeated contradiction, in refeTnce to the alleged conversation regarding the proximity of the Texas at the time of the Brookyn's turning. is true and have entirely ignored the testimony of Commodore Schley or Captain Cook to the contrary.
 | ''Tventy-fourth-The majority opinion that Commodore Schley's conduct in con nection with events of the Santiago cam paign was characterized by vacilliation. | diIatoriness and lack of enterprise is in m wise justified by the evidence sub | mitted in the case, and could only have heen arrived at by action of the court in wholly ignoring all of the evidence of Commodore Schley all of the evidence of witnesses summoned in his behalf, and all that portion of the evidence of wit nesses called by the Judge Advocate, which was favorable to the said Commo- dore Schley.
 twenty -fifth--The majority opinion is inconclusive in that it Is entirely silent upon a charge preferred by the Judge Advocate that Commodore Schley was derelict In the discharge of his duty and unmindful of the naval regulations in that he did not prescribe and promulgate anticipatory orders of battle.
 twenty -sixth-The majority entirely failed to determine as to who was in command of the American naval forces engaged in the battle of Santiago, the