The Savannah morning news., 1901-12-19


searching examination; and by so do
ing they have perverted the ends of
Justice. That if this testimony was all
false they should have so announced,
and IL all or any part of it was true,
the said applicant was entitled TO the
benefit of 1t, and by declining to con-
slider or pass upon 1t they have de-
prived linn of his common law ana
constitutional rights.
Twenty eighth. That the majority
of the court found the applicant guilty
upon specifications which were sub
stantially abandoned by the judge adj
vocate as will appear from argument
in the case,
Partisan Spirit shown.
Twenty ninth. That the whole pro-
ceedings show that the majority of the
court, in the opinion and report OF
facts rendered. have selected the testi
mony of a few hostile witnesses, and
upon that testimony have based the
said opinion and report of facts, dis
carding all the other testimony in the
case, without making the slightest
reference to it, as they were directed
by the precept to do.
Thirtieth. The applicant. besides the
reasons herein given, hopes to be able
dug the further investigation of this
inquiry to adduce other serious and
important reasons why the majority
opinion of the court should not be APP
proved.
Thirty-firs The applicant is pre-
pared to show that the whole proceed
ings 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 considered,
and that the evidence is absolutely in
sufficient to sustain the opinion which
has been rendered by the majority OF
the court. That a grave injustice has
been committed, which would become
irreparable and be perpetuated unless
this opinion of the majority OF the
court should be disapproved.
Wherefore the said applicant most
respectfully prays that approval OF
the opinion of the majority of said
court of inquiry be withheld and that
said opinion be disapproved and that
he may be afforded the opportunity to
have the testimony of record of him
self and his witnesses properly consid-
cred and passed upon. and that the
proceedings be RENTED to the court
for that purpose, and that he be given
such other and further relief as he is
entitled to in the premises.
w. S. Schley.
Read Admiral, IT, s. n. (Retired).
Isidor Rayner,
James Parker
Counsel for the Applicant.
Against SIMPSONS Protest.
The letter asking permission to argue
against the protest of Admiral Samp-
sons attorneys is as follows:
Washington. d. G., Dec. Is, 1901
Sir: First. In regard to the reported
A Il IT
S. N, by his counsel to file, with your
consent, a protest against your APP
prevail OF that portion of the dissent
ing opinion Of Admiral George Dewey.
u. S. NJ, to the majority finding of
a court of inquiry recently held and
before which J was the applicant,
wherein the question of Communicating
of the American naval forces during
the battle Of Santiago is decided in
favor of Commodore w. S. Schley, u.
S. N, and credit for the victory won
in that battle to the said Commodore
schley, / have the honor to most re-
spectfuIly request as follows
Second. That II such protest Is filed
with you by the said Rear Admiral w.
4. Sampson, II. S. NJ, may be given
en- opportunity to present, through my
counsel, oral argument against such
protest. Very respectfully
Rear Admiral, IT, S. N, Retired.
"Isidor Rayner,
James Parker,
Counsel for the Applicant Before Said
Court of Inquiry"
Commenting on to-day'5 action, Mr..
Rayner said
THE objections that we have filed
rest upon the ground that Admiral
Schley has been deprived Of his rights
as guaranteed TO him by the law Of
the land and the constitution OF his
country. We claim that the whole OF
the evidence I'm favor OF the admiral
Including his own and the testimony
OF all of his witnesses, has been re-
iected by the majority Of the court.
and not even considered or passed
upon. Such a method Of procedure
would not be permitted 10 stand for
a moment before any tribunal gov
erned by any principle Of common law
or common justice The admiral wss
on the stand for about four days, and
not a word that he uttered and not n
solemn assertion that he made under
the sanction OF his oath has been ad-
veried 10 by the majority ~ the court.
Such method 0f diFposing Of = ease
rs unpa ralleed in the annals Of ciNil
or criminal law. The greatest male
factor Ia the land under the conGtitu-