The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-19
Text of the Bill.

The text of the bill of exceptions is as
follows:
winfield Scott Schley. rear admiral,
u. S. N, retired, the applicant before
court OF inquiry of which Admiral George
Dewey. L. 5. N, is president. and Rea~
Admirals Andrew E. X. Benham and
Francis NJ Ramsay. u. S. N, members,
and Capt. Samuel c. Lemly. u. S. N.
Judge advocate general. Judge advocate
objects to the approval Of the findings Of
the court on the ground that the opinion
rendered and the report OF facts made by
the majority OF the court are in conflict
with the overwhelming weight of evidence
and that the ma ajority of the court. in their
said opinion, have ignored the testimony
OF the applicant. and OF the whole of the
applicants witnesses, and all that portion
OF the evidence given by witnesses for the
government which was favorable to the
applicant, and have thus deprived him of
rights guaranteed to him by the laws Of
the land and the Constitution OF the United
States, and the applicant now assigns the
following grounds In support of his said
objection:
"First-Ths majority OF the court have
given their opinion that Commodore Schley
should have proceeded with the utmost dis
patch on CfenfuegOs when there was no
specification covering this subject and when
the applicant did not have sufficient oppor-
tunity to bring in proper and convincing
evidence IN reference thereto. and when
the only evidence taken by the court on
this subject was directly contrary to the
opinion rendered.
held that the applicant should have en-
deavored to open communication with the
insurgents at the place designated in the
memorandum by Commander McCalla, de-
iivered 10 him on the morning of the 23d
of May, 1898. when, in fact. there was no
place mentioned I'm said memorandum as
being place at which camp of insur-
gents was located
THE MCALLA MEMORANDUM
"Third-The majority of the court have
NJ he opfp sta ted in ha
going paragraph without regard to the
fact. which was proven by an overwhelm-
ing weight of testimony, that the said Nc
Gala memorandum was sent to Commodore
Schley only for use in connection with the
information 1t contained relative to certain
batteries at or being constructed in the
vicinity OF the entrance to the harbor of
Cienfuegos, as is attested by order No. 6,
dated May 49, 1895, and sent TO Commodore
Schley by Admiral Sampson.
"Fourth-The majority of the court in
the opinion rendered, hold that Commodore
Schley should have maintained a close
blockade of Cienfuegos. when by over
whelrning testimony it was proven that a
close and effective blockade of that mort
was maintained. the judge advocate having
substantially abandoned any charge 10 the
contrary.
aFTfth-The majority of the court. I'm the
opinion rendered, have entirely ignored the
uncontradicted testimony TO the effect that
the British steamer Adula was permitted
to go into the harbor of CienfuegOs in order
that information might be obtained through
her as 10 whether the Spanish fleet was
then in that port. ii having been clearly es-
tabIished that the captain of the said Brit
ish steamer Adula promised and agreed be-
fore permission was given him 10 enter
the port that he would bring his ship out in
fewer than twenty-fOur hours and furnish
the information desired
''Sixth-The majority OF the court. in the
opinion rendered. has entirely failed 10 re-
fer To dispatch No. Z. admitted TO have
been sent by Admiral Sampson TO Commo-
dore Schley, the construction Of which was
agreed upon In the argument OF the case. tC
wit: That IL was an imperative order foI
Commodore SChley 10 hold his squadron of
CienfuegOs whether the Spanish fleet was
or was not in that port.
'sSeventh-The majority OF the court in
the opinion rendered. have entirely ignored
the admitted fact that the commander OF
the Eagle failed 10 communicate the sit.
uation at Cienfuegos 10 Commodore
Schlsy.
"Eighth-The majority Of the court. In
the opinion rendered. have entirely ignored
the uncontradicted evidence in the case
that Captain RObley ID. Evans, knowinG
the meaning OF the signal lights on shore
al Cienfuegos. failed 20 communicate hi:
dore Schley.
THE SIGNAL LIGHTS.
''Ninth-The majority OF the court. I'm the
report OF facts submitted. declare that tn,
signal lights on shore near Cienfuegos wer.
seen BY Commodore schley on the night o.
Nav 22 1s9S. when I'm fact the overwhelming
weight OF both oral and documentary evi
dence proved that Commodore Schley saw
aud had knowledge OF these lights only OF
the night OF May =, and at no other time
''Tenth-The majority OF the court. in tn.
opinion rendered. are silent on the subjec
at the following charge preferred by th'