The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-19

the nrSt SpeclncatlOn or the precept as
to the conduct of Commodore Schley in
connection with events of the Santiago
campaign.
81. The majority of the court have re-
| jected the whole of the testimony offer
! ed in behalf of the applicant, and have
not adverted to such testimony, AND
have entirely ignored the testimony of
the applicant himself, who was on the
stand for many hours and subjected to
,the most searching examination, and
by so doing they have perverted the ends
of justice. That if this testimony was
all falseu they should have so announced,
and If all any part of it was true
the said applicant was entitled to the
! benefit of it, and by declining to con-
slider or pass upon it, they have de-
/ prived him of his common law and con-
stitutional rights.
i %. That the majority of the court
have found the applicant guilty, upon
specifications which were substantially
! abandoned by the Judge advocate, as
+ will appear from the arguments in the
| case. =
I 20. That the whole proceedings show
that the majority of the court, in the
opinion and report of facts rendered
+ have elected the testimony of few hos
/ tile witnesses and upon that testimony
/ have based the said opinion and report
/ of facts, discarding all the other testi-
mony in the case, without making the
slightest reference to it as they were
/ directed by the precept to do
(, so. The applicant, besides the reasons
herein given, hopes to be able during the
further investigation of this inquiry to
adduce other serious and reasons why
the opinion of the court should be APP
proved.
81. The applicant is prepared to show
that the whole proceedings upon the part
of the majority of the court have been
entirely irregular; that his rights have
been prejudiced and ignored; that his
testimony in many more particulars than
have been herein cited has not been con-
sidered, and that the evidence is abso-
lutely insufficient to sustain the opinion
which has been rendered by the majority
OF the court. That grave injustice has
been committed, which would become ir-
reparable and be perpetuated unless this
opinion of the majority of the should be
disapproved
Wherefore, the said applicant most re-
spectfully prays that approval of the
opinion of the majority of said court of
inquiry be withheld and that said opin-
ion be disapproved and that he may be
Afforded the opportunity to have the
testimony of record of himself and his
witnesses properly considered and pass
cd, and that the proceedings be RENTED
! to the court for that purpose and that
he be given such other and further re-
lief as he is entitled to in the premises.
ISIDOR RAYNER.
JAMES PARKER,
Counsel for the Applicant.
W. S. SCHLEY.
Rear Admiral, U. S. NJ, (Retired.)
The letter asking permission to argue
against the protest of Admiral Samp-
sons attorney is as follows:
Washington, D. c.. Dec IS, 1901
Sir-In regard TO the reported inten-
ton of Rear Admiral W. T. Sampson.
Z. S. N, by his counsel to file with your
consent a protest against your approval
Of that portion OF the dissenting opinion
of Admiral George Dewey, U. S. N, to
the finding Of court of inquiry recently
held and before which l was the appli-
cant, wherein the question of command
crship of the American naval forces du-
ring the battle OF Santiago is decided in
favor of Commodore W. S. Schley, U. s.
H., and credit for the victory in that
battle accorded to the said Commodore
Schley, l have the honor to most respect
fully request as follows:
That if such protest is filed with you
by the said Rear Admiral w T. Samp-
son, n. S. NJ, may be given an oppor-
tunity to present through my counsel
oral argument.
Very respectfully,
w S. SCHLEY,
Rear Admiral U. S. NJ, (Retired)
ISIDOR RAYNER
JAMES PARKER.
Counsel for the applicant before said
of inquiry.
The objections that we have filed rest
upon the ground that Admiral Schley has
been deprived Of his rights as guaran-
teed to him by the laws of the land, and
the constitution of his country. We
claim that the whole of the evidence of
the Admiral, including his own and the
testimony Of all of his witnesses,
has been rejected by the ma
Jority of the court and not
even considered or passed upon. Such a
method of procedure would not be per-
n2itted TO stand for moment before
any tribunal governed by any principle
Of common law or common justice. The
Admiral was en- the stand for about four
days, and not word that he uttered and
net a solemn assertion that he made un-
der the sanction of his oath, has been adj
vtrted tc by the majority of the court
Such method Of disposing of a case is
unparalleled in the annals of civil or
of criminal law. The greatest Inalefactor
iii the land under the constitution is en-
titled to have his evidence considered
and PASSED upon. We shall, therefore.
avail ourselves Of every remedy that we
have to impeach this appalling verdict"
In regard to application to be heard in
reply TO Admiral Sampson, Secretary
Long informed Admiral Schleys counsel
that it was rot the practice of the de-
partment to have oral hearings on mat
tiers OF this kind He intimated that he
would entertain a written argument.
ELIZABETH COLLEGE.
Elizabeth College, at Charlotte. n. c.,
is one OF the leading institutions in the
South for the higher education OF young
women. This institution has had mark