The Somerset reporter., 1901-12-26
The ScIiley Case .

There have been further develop
ments in the Schley case during
the past week. Schley's counsel filed
with Secretary Long a petition for q
hearing on a bill of objections to the
findings Of the court and asking particu-
larry, that what the signers are pleased
to term "the opinion of the ma jorty Of
the court" be RENTED to the court for
further consideration. A long argument
accompanied the bill OF petition.
Admiral SIMPSONS counsel protest
against the representation In Admiral
Dewey's supplemental report stating
"As counsel for Rear Admiral Sampson
we have the honor TO request that the
department, for the reasons below stated,
strike out or specifically disapprove that
portion OF Admiral Dewey's opinion filed
In connection with the proceedings OF the
Schley court of inquiry, in which he
states his view to be that Commodore
Schley was in absolute command of the
naval battle of Santiago.
|. Commodore Schley was not in
command at that battle.
Ii. The President of the United States
and the navy department had decided
that Admiral Sampson was in command
at that battle, aud Commodore Schley
second 10 command.
III. The question as to who COM
manded at Santiago was not referred to
the court for consideration, and evidence
bearing on the point was excluded"
Judge Advocate Lemley and Solicitor
Hanna have submitted to Secretary Long
their report upon the bill of objections
filed by Admiral Schley, through his
counsel, to the findings of the Schley
court of inquiry. In substance this re-
port is an argument supplementary to
the argument made by the writers of the
court of inquiry.
Secretary Long has disposed finally of
the Schley case so far as the Navy De-
partment Is concerned, by acting upon
the findings and conclusions of the court
Of inquiry. He approves the findings of
fact and the opinion of The full court; he
approves the majority opinion where
there is difference in the court; he
holds that the court could not have
entered into a consideration of the Ques-
ton of command at the battle of Santi-
| ago, and finally he accepts the recon-
mendation that no further proceedings
shall be had. The secretary also has
declined the application of Admiral
SIMPSONS counsel TO enter upon an in.
quiry into the question of command, and
has notified Admiral Sehley's counsel of
that fact as reason for declining to
hear them on that point. Secretary
Longs approval of the majority report
was as follows:
"The department has read the testi-
monY in this case, the arguments Of coun
sci at the trial; the courts findings of
fact, opinion and Recommendation the
individual memorandum of the presiding
member; the statement of exceptions to
the said findings, and opinion by the ap-
licant; the reply to said statement by
the Judge advocate of the court and his
assistant, and the brief this day submit.
ted by counsel of Rear Admiral Samp
son traversing the presiding members
view as to who was in command at the
battle of Santiago; and, after careful
consideration, the findings of fact and
the opinion of the full court are ap-
proved. A to the points on which the
presiding member differs from the opin-
ion of the majority of the court, the opin-
ion of the majority is approved. A to
the further expression of his views by
the same member with regard to the
questions of command on the morning of
July 3, 1898, aud of the title to credit for
the ensuing victory, the conduct of the
court in making no finding and rendering
no opinion on these questions is APP
proved-indeed, it could with propriety
lake no other course, evidence on these
questions, during the inquiry, having
been excluded by the court. The de-
partment approves the recommendation
of the court that no further proceeding
be had on the premises. The department
records its appreciation of the arduous
labors of the whole court.
Judge Advocate Lemley also filed a
general denial of the points raised by the
counsel of Admiral Schley. 1t is a
lengthy document reviewing the argu-
ments made against the findings of the
court of inquiry by Schey's counsel.