The Montgomery advertiser., 1901-12-21
LONG HAS NOT YET ACTED
He is Expected to Do So To-
 day, However.
The Judge Advocate Contends That Dewey Upholds the Report Against schley-Disputes
 Applicants Contentious.

Washington, Dec. 2O-Judge Advocate Lemlsy and Solicitor Hanna this afternoon submitted to Secretary Long their report upon the bill of objections filed by Ad- mirai schley through his counsel, to the findings of the Schley Court of Inquiry
 Secretary Long has not yet acted upon the report. but is expected to do so to- morrow If adopted, the report will be forwarded to Admiral schley.
 The report says:
 Tt is somewhat difficult to deal with Admiral schley's bill of exceptions on account of it's general and non-specinc character and sweeping though unsup- ported assertion of opinion by the apph- cant and his counsel, that, in their Judgment the adverse finding of the court is not Justified by the evidence. The naper might be dismissed as simply not unexpected expression of dissatisfaction with an adverse judgment, but for the fact that 1t contains a number of mis- statements and particularly has woven through it's entire structure an tnac- curate and misleading use of the words majority. of the court.
 The findings of fact and the opinion of the. court of inquiry in the case of Admiral schley upon the more important and material points in the before 1t were not reached by majority of the mem bers only, but entire court.
 The evidence adduced by court con- clusively shows:
 Under the fourth clause of athe pre- cept: That on the 26th of May, 1898. when within q few miles of Santiago. to which point he was Under orders to proceed .ka.L k.l, nv.A karn la was advised that the enemy's feet WRF reported to be and where in fa6tsi actually was. CommodeEe Schley turned about with the fleet under his command consisting of some of the best vessels of the American navy, and headed for p home port more than 700 miles dietant without sufficient reason or excuse for such action taking with him at the same time the scouting vessels the department had sent there to watch the entrance, and leaving the port of Santiago, with the enemy's fleet inside. unguarded. Upon this point the court says in it's opinion: He should not have made the retro grade turn westward with his squadron In the face of the facts the court coulo not have found otherwise.
 Under the fifth clause of the precept: That while thus abandoning the field of action with his feet Commodore Schley was overtaken by a despatch vessel heaf- ing an urgent order, dated May 25, from the department, in substance directing him to proceed to Santiago, ascertain facts, report, and not suffer the enemy to escape; that. nevertheless he continued to retreat with his squadron telegraph ing to the Secretary of the Navy: It is to be regretted that the departments order, cannot be obeyed.' ..- .f'
 ''The court found that he should have promptly obeyed the Navy Departments AEz nT tVfa- portant order in time of war having been virtually confessed, no other finding of the court was possible.
 Under the sixth clause of precept: Commodore Schley's explanation of retro grade movement and his disobedjence of orders was. in substance. shortage of coal and inability to coal the ships of his squadron from the collier Evidence. developed before the court, shows that the squadron was at the time we'll equip ped with coal and that coal had been and could be readily taken from the col Her. There was nothing for the court but to find as 1t did that Commodore Schley's official reports regarding the coal supply and the coaling facilities of the flying squadron were inaccurate and mls- leading"
 The report says the evidence shows no attempt was made to destroy the Cristo- bal Colon and other ships on the 18th or on. the 30th of May, and that the attempt made on the 31st was brief and abortive. Assto the claim that certain cautionary orders issued by the department were not in the slightest degree referred to by the court, the report says they have no application to the conditions existing the 29th, 30th and 3lst of May, and the find inRa of the court show that the court reached such conclusion. As to the claim that the affair of May Slst was intended merely as a reconnaissance, the report says 'the commanding officers in charge of the turrets of the Massachusetts were instructed accordingly by Commore Sehley in person."
 The report declares the finding of the court as to the stopping and backing of the Texas to avoid possible collision with the Brooklyn on account of the loop is fully sustained by the evidence.
 As to the Hodgson-schley letters, the report says:
 "AlI members of the court agree in finding that Admiral Schley did injustice to Lieutenant Commander A. c. Hodgson in publishing only a portion of the cor respondence which passed between them," and adds, "The mere perusal of the cor respondence is sufficient to show the cor rectness of this finding"
 The report continues: Upon the points above set forth, which appear to embrace substantially the important matters cov- cred by the inquiry. the court is united and its findings are unanimous. They are sustained by the unimpeached and unim" peaceable testimony of Commodore schleys brother officers who served with him and under him. by official telegrams, letters and reports. and by the logs or the several vessels of his squadron, and it would accordingly be idle to recommit these matters to the same body for re- consideration upon the same evidence"
 It is asserted, furthermore. that the court is a unit upon all points except those as to which the Admiral express individual, but not in all eases. contra dictory views.
 The report says as to the declaration of the appIlant and his counsel that the court has ignored or not considered evil dsnee, "that the court considered the