The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-19

vessels nor upon the land batteries at
the entrance to the harbor of Santiago.
10. The majority opinion of the court
is ambiguous and indeterminate, in that
the court holds that the turn of the
Brooklyn to starboard was made to
avoid getting her into dangerous proxi-
nifty to the Spanish vessels, without
stating whether evasion of such danger
Gus proximity was due to the personal
fears Of Commodore Schley or to a de-
sire on his part to preserve the ship
intact and ready for further work in the
effort to win a victory from the enemy.
90. The majority of the court have en-
trely ignored the overwhelming testi-
mony submitted in the case in arriving
at the opinion that Commodore Schley
erred in commencing the engagement of
July 3rd, with port battery, the evidence
in the case clearly establishing the fact
that in the execution of the standing
order to CLOSE in and attack in harbor
entrance it was impossible for the
Brooklyn, without turning away from
the enemy to open the engagement ex-
cept with her port battery and the evil
dence also clearly establishes the fact
that the turning of the Brooklyn in the
manner and direction in which she did
turn, did not cause her to lose either
distance or position with the Spanish
vessels, the contrary opinion of the court
upon this subject being arrived at only
by disregarding all evidence in favor of
Schley.
q. The majority opinion is ambigu-
Gus and indeterminate in that, while
stating that the Brooklyn's turning
caused the Texas to stop and "to back
Ter engines to avoid possible collision"
said opinion does rot state whether the
danger OF such collision as comprehend
ed by the 9th specification of the precept
was real or imaginary, whereas the
overwhelming weight of testimony
clearly established the fact that at no
time was there danger of collision be-
tween the Brooklyn and the Texas.
p. The testimony of Captain F. E.
Cook, witness called by the Judge adj
voeate, in reference TO the proximity of
the Brooklyn to the Texas at the time
of the Brooklyn's turning, has been ig-
nored and not even adverted to in the
statement of pertinent facts.
% The majority of the court have
assumed that the testimony of Lieuten-
ant Commander A. c. Hodgson notwith-
standing its repeated contradiction in
reference to the alleged conversation re-
gardlng the proximity of the Texas at
the time of the Brooklyns turning, is
true and have entirely ignored the testi
moDy OF Commodore Schley and Capt. Il.
p. Cook to tho contrary without even re-
ferring TO it in their statement of pertin-
ent facts.
hn 111ain ,,if
that Commodore Schleys conduct in con
nection with the events of the Santa go
campaign prior to June 1st, 1898, was
characterized by vacillation, dilatoriness
and lack of enterprise, is in no wise jus
titled by the evidence submitted in the
case, and could only have been arrived
at hy the action of the court of wholly
ignoring all of the evidence of Commo-
core schley. all of the evidence of wit
nesses summoned in his behalf, and all
that portion of the evidence of witnesses
called by the judge advocate, which was
favorable 20 the said Commodore Schley.
-. The ma jority opinion of the court
is inconclusive, in that it is entirely ST.
lent upon charge preferred by the
judge advocate during the course of the
public investigation, and claimed by him
10 como within the puryiew of the first
specification, to-wit: That the said Com
.nlodore Schley was derelict in the dis
charge of his duty and unmindful of the
regulations fer the government OF the
navy in the United States, in that he
did not provide and promulgate orders
of battle.
IS. The majority of the court have en-
tirely failed to determine as to who was
in command of the American naval forces
engaged in the battle of Santiago. the
finding Of which fact was absolutely