The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-19
SCHLEY PROTESTS.
CONCLUDED FROM FIRST PAGE.)

CONCLUDED FROM FIRST PAGE.)
Spanish fleet was not in the harbor OF San
tiago.
of the court ard the report of facts is en-
tirely silent on the subject of the proven
and admitted failure of Captains Wise and
Jewell TO communicate any
they had received in reference to the pres
ence OF the Spanish fleet in the harbor of
Santiago TO Commodore Schley.
"Fourteenth-That the report of facts sub
United by the court states that the condi-
tons of wind, sea and weather from noon
on May 20 TO June 1 were favorable for
taking coal from a collier at sea off San
tiago, when this statement has been direct
witnesses for the government.
"Fffteenth-The tables prepared by gov
eminent experts and admitted in evidence
before the court, showing the coal supply
of the vessels Of the flying squadron, with
reference TO the chasing capacity, proceed
iLg at full speed with forced draught, have
not even been adverted to in the report
Of facts.
"Sixteenth-There has not been the slight
est reference made by the majority of the
court to the orders of the honorable sec
rotary of the navy, offered and proved
in evidence, forbidding the haZarding of
American ships against shore batteries and
the court has decided against the applicant
upon the seventh specification of the pre-
oept, without, in the slightest degree, re-
ferring to this important evidence.
"Seventeenth-The majority of the court
have entirely failed to give any opinion
as to the character of the blockade of
Santiago, although the same was included
in the eighth specification Of the precept,
and by specific direction of the court was
obligated to give an opinion th%ereupon.
SIMPSONS INSTRUCTIONS.
"Eighteenth-The majority opinion of the
court, that Commodore Schley should nave
~endeavored to capture or destroy the Span
ish vessels at anchor near the the entrance
of Santiago harbOr on May 20 and 80, and
that he did not do his utmost with the
force under his nina 20 capture or de-
stroy the Colon and other vessels of the
enemy on May 81, is wholly at variance
with the orders under which Commodore
Schley was acting before Santiago, said
orders, as is atteSted by No. !, dated May
Il, 1898, and sent by Admiral Sampson to
Commodore Schley, restricting his opera
ton 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 81 was prede-
termined upon n executed as a r%econnois-
sance and not as a formal attack upon the
Spanish vessels nor upon the land batteries
at the entrance 10 the harbor of Santiago.
"Nineteenth-The majority opinion of the
court is ambiguous and indeterminate in
that the court holds the turn of the Brook
Ign to starboard was made to avoid getting
her into dangerous proximity to the Span
1911 NccsClSt NltuOul SldlliS Nn6lneT wa
sion 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 i'm
the effort to win a victory from the enemy.
"Twentieth-The majority of the court
nave entirely ignored the Overwhelming
testimony submitted in the case in arriv-
ing at the opinion that Commodore Schley
erred in commencing the engagement on
July 3 with the port battery, the evidence
in the case clearly establishing the fact
that in the execution Of the standing order
10 close in and attack In harbor entrance
il was impossible for the Brooklyn, with
out turning away from the enemy, to open
the engagement except with her port bat
terry; and the evidence also clearly estab-
fishes the fact that the turning OF the
Brooklyn in the manner and direction in
which she did turn did not cause her TO
lose either distance or position with the
Spanish vessels, the contrary opinion OF
the court upon this subject being arrived
at only by disregarding all of the evidence
offered in behalf of Commodore Schley.
AMBIGUOUS.
''Twenty-frst-The majority opinion OF
the court is ambiguous and indeterminate
in that while stating that the Brooklyn's
turning caused me Texas TO stop and to
back her engines TO avoid possible col
:ision.' said opinion does not state whether
| the danger OF such collision as compre-
hended by the ninth specification OF the