The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-21
Leads all North Carolina Daiies i'm News and Circulation

should be overruled, but were, in every
instance sustained by the court.
Thus at page 151, the assistant 10 the
| judge advocate said:
'One further word as to a suggestion
just made, as to the intention to show
THAT Admiral Sampson was not in this
battle. ! wish TO say that We do not
understand that the question whether
| Admiral Sampson was or was not in the.
battle of Santiago is before the court.
If it is. we shall be happy to investigate
| it. - Until the case takes that
attitude it is improper to spread upon the
record arguments and questions which
proceed upon the theory that he Is in the
case" Counsel for the applicant with
| drew the question.
At page 400 of the record, the same
| matter being under discussion, Mr.. Han
ma said
IF it is the desire of the court to go
| into these things it would, of course be
proper that We Should also go into them.
1t would not only be proper. but it would
be necessary We are thorough
| ly prepared to go into any discussion OF
them, provided the court desired to SO
enlarge and extend the scope of this in
quiry. Counsel for the applicant again
| failed to press the point and the court
made no objection to Mr.. Hanna view
| At pages 1853 and 1880 there were SINH
lar rulings by the judge advocate. In the
case of all these declarations there was
acquiescence on the part of the court.
/ 3D. The court uniformly rejected
evidence as to who commanded.
| On all the pages herein cited from the
record, the court rejected such evidence.
and nowhere was it admitted against OBJ
lection.
! (E.) The court more than once speci-
| fically ruled that this question was not
| before l..
| For example, at Page 1856, where the
question was as to the position Of the
commander-in chief, and of the New
York, and as to the part they took in the
/ battle, Admiral Dewey said: 1--WE do not
want that. We have ruled that out.
The judge advocate then asked il the
court had so ruled and Admiral Dewey
replied I've have. We have kept the
New York out Of it.r
/ (F.) The court went so far as to rule
at page 1421 that Admiral Schley was not
in command during the battle. The mat
+, ter then before the court related to the
periods during which Admiral Schley has
been in absolute command, and the Judge
advocate said:
| Mr. Rayner. you are combining yourself
| to July 3rd. are you?" Mr.. Eayner in
reply acquiesced in this view, and the
/ court ruled that -all questions 80 :
shall be confined to between the 18th OF
May and the first of June, relating TO
| the organization, management and con-
troll of that squadron when he was ac-
tually commander in chief Matters re-
ferring to his alleged command on July
Bird were excluded.
| (G) All proposed questions on this
subject were either rejected by the court
or withdrawn by the applicant, who fir
ally acquiesced in the decisions of the
court and gave up his efforts in this be-
half, saying:
Il bow respectfully to the decision OF
the court, and / know exactly what it
| means"
| CID The minority opinion expressed
! by Admiral Dewey in this matter is at
variance with all the rulings of the court
in this regard and directly contradicts
the letters, wherein Admiral Dewey, for
the court defines Admiral SIMPSONS
status
The Navy Department in its precept
had justly provided that any person lin
terested' might be given an opportunity
of appearing before the court in person
or by counsel and protecting his rights
AS counsel for the applicant ignored
at times the courts ruling and spread
{ upon the record arguments rejecting
upon Admiral Sampson, we, as his cour-
sci, three separate times appealed to
the court asking for protection or for
| permission to appear and defend Ad-
mlral SIMPSONS rights. Each time our.
request was denied and we We're assured
Admiral Sampson was not involved, and
finally Admiral Dewey, acknowledging
the receipt of one of our letters in which
we had appealed to him on the ground
OF this very question as to who command
| ed at Santiago said
i nave to state while the precept con-
venlng this court gives it authority 10
permit any person whom it may regard
as concerned in the investigation to be
present the court considers that
Admiral Sampson is not an interested
party; and you are. further in
formed that if circumstances arise which
IN the opinion of the court render il
necessary for Admiral Sampson to be re-
presented due notice will be sent him ="
Upon that promise Admiral Sampson
relied. The notice came only In tho
form OF minority opinion by Admiral
sDewey discussing matters beyond the
scope of the precept and nowhere M
Guided in the facts found by the court