The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-12-19

municate the situation at Cienfuegos to
Commodore Schley
Eighth. The majority of the court in
the opinion rendered have entirely ig-
nored the uncontradicted evidence in
the case that Capt. Robley d. Evans.
knowing the meaning of the signal
lights on shore at Cienfuegos, failed to
communicate his information concern
ing them to Commodore Schley.
MINI. The majority OF the court in
the report of facts submitted declare
that the signal lights on shore near
Cienfuegos were seen by Commodore
Schley on the night of May %, 1898,
when in fact the overwhelming weight
of both oral and documentary evidence
proved that Commodore Schley saw
and had knowledge of these lights only
on the night of May %, and at no other
time.
Tenth. The majority of the court in
the opinion rendered are silent on the
subject of the following charge pre-
ferred by the judge advocate against
Commodore Schley during the progress
of the investigation, namely, that he
did not mask his movements in de-
parting from in front of the port of
Cienfuegos, but by using Ardois sig.
nails he revealed the destination of his
squadron to the enemy on shore; de-
spite the fact that by overwhelming
weight of testimony this charge was
entirely disproved.
The Rctrograde Movement.
Eleventh. The majority of the court
have based their opinion in reference
to~the retrograde movement upon a
statement made in their re-
port of facts that Commodore Schley,
before sailing from Cienfuegos, re-
ceived reliable information that ships
could be coaled in the vicinity of Cape
Cruz and Gonaives Channel, and it
is now respectfully denied that there
was any such positive testimony in
this case: every witness with one ex-
ception who was examined on the sub
ject disavowed all knowledge in refer
ence thereto, and the uncontradicted
testimony of Capt. F. f. Cook estab-
fishes the fact that the official charts
with which the flagship Brooklyn was
supplied and upon which Commodore
Schley was compelled to rely for in
formation, showed coaling at Cape
Cruz to be neither feasible nor practi-
cable, and the records clearly show
that not until the 9th of May, three
days after leaving Cienfuegos, when
Capt. Charles S. Cotton visited the
flagship Brooklyn, did Commodore
Schley receive any definite informa-
tion concerning the feasibility or prac-
ticability of coaling his ships from a
collier in Gonaives Channel; all of
which facts have been wholly ignored
by the majority of the court in formu-
lating their said report of facts.
Twelfth.-The majority of the court
in stating in it's report of facts that
Commodore Schley received no posi-
tive information from the scout ships
as to the presence of the enemy's fleet
SNa fhA
ignores the overwhelming testimony in
proof of the fact that Capt c. D.
Sigsbee did actually report to Commo-
dore Schley, and to others. that the
Spanish fleet was not in the harbor of
Santiago.
Thirteenth. The opinion of the ma
jority of the court and the report of
facts is entirely silent on the subject
of the proven and admitted failure of
Captains Wise and Jewell to communi-
cate the information they had received
in reference to the presence of the
Spanish fleet in the harbor of Santiago
to Commodore Schley.
Fourteenth. That the report of facts
submitted by the court states that the
conditions of wind, sea and weather
from noon on May 26 to June l. were
favorable for taking coal from a col
lier at sea off San oago, when this
statement has been directly controvert-
ed by the evidence of the witnesses 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 Fly
ing Squadron, with reference to their
chasing capacity, proceeding at full
speed with forced draught, have not
even been adverted to in the report
of facts.
Sixteenth. There has not been the
slightest reference made by the ma
jority of the court to the orders of
the honorable Secretary of the Navy,
offered and proved in evidence, forbid
ding the hazarding Of American ships
against the shore batteries, and the
court has decided against the applicant
upon the seventh specification of the
precept without, in the slightest de-
gree, referring to this important evil
dence.
An Omission by the Court.
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 speci-
fication Of the precept, and BY specific
} direction the court was obligated to
| give an opinion thereupon.
Eighteenth. The majority opinion of
/ the court that Commodore Schley
! should have endeavored to capture or
| DESTROY the Spanish vessels at anchor
near the entrance Of Santiago harbor,
| on May 20 and 30. and that he did not
4 do hts utmost with the force under his
I command TO capture or destroy the
/ Colon and other vessels of the enemy.
on May 81, is wholly at variance with
| the orders under which Commodore
| schley vas acting before santiago
said. orders. as is attested by No. 3,
! (couunued on ,th Page)