The times. [volume] (Richmond, Va.) 1890-1903, 1901-12-21

s ~ si,o enemy. which he attacked on
Nav Sist' show that tha court reached
such conclusion
at may very properly ne auded that the
claim of the applicant and counsel that
t,,r$afsair of MAY 3ist was intended mere
~ as n reconnaissance. is not borne ont
by the evidence, for, while testimony
was introduced, to show that II was SO
designated by Commodore Schlc. Il. con-
yersatipn with Il naval cadet and with a
,,eusnaper correspondent prior 10 enter
ing lpon it. none OF toe commanding
officers of the vessels engaged was SO
advised, and no instructions We're given
relative to tho taking of notes OF tie
enlargement. The commanding oI1lcers
we're on the contrary. Informed. IN Ell
feet. ilat tic purpose was TO destroy the
z Colo-1baud the officers in charge OIL Inc
furrets OF the Massachusetts were Ia
structed accordingly by tie Commodore
in person.
Under the ninth clause of the precept
fhe evidence adduced before the court
from tho bridge and from the engine
room. showing that the Texas was
stoppfs,aa, and backed to acid possible coli
1ision, with the Brooklyn, is iadlsputa-
Die; that danger and delay TO the texas
and tho loss of distance and position os
the Brooklyn were the inmedlate results
OF the hop executed by the latter vessel
is TOO clearly shown TO admit OF doubt:
a Z.
point is fully sustained by the evidence.
THE HoDGSON INTERVIEW.
-. t.IJnder the tenth clause Of the precept
xt-wn..- established by the Introduction
before the court Of the original letters
themselves that Rear-Admiral Schley OBJ
1aincd. from Lieutenant Commander l1odS>
8 son saE Junior. officer, who had served I'M
der nm, a categorical statement that d
certain .colloquN, reported in the pupIc=
press ito have taken place, ON the bridge
OF the Brooklyn July Sd between himself
and Commodore Schley, never occurred,
+ although Nj. Hodgson had assured the
Admiral that the facts as published We're
substantially correct; that the Admiral
gave out for publication the categorical
,ienia thus obtained, but did not pubiish
an accompanying explanatory and quail
1yir ..s-ietter, and that subsequently,
although repeatedly appealed to by MI
IIodzson, Admiral Schley failed to do JUS
tice in the matter. All members Of the
court in finding that Admiral Schley Ola
injustice TO ACKNOWLEDGEMENTS HodS-
son in publishing only a portion Of the
I correrordence which passed between
thenn....Tlie mere perusal Of the cores
pondellre in this case is sufficient to show
Y sstiae correctness of this finding ana 10
convince any impartial reader that it
could not be, and ought not to be moci-
= fed s.-
Upon the points above set forth. which
- appear to embrace. substantially the inn
: portant matte. covered by the inquiry,
the conrt is united and its findings are
unanimous; they are sustained by the
Irsimpea enable and uni1npeached teSti-
mony of Commodore Schley's brother Of
1iccrs who. served with and under him;
by official kilograms. letters and reports
and by the logs of the several vessels of
his squadron. and it would, accordingly,
be, idle TO remit these matters to the same
body for reconsideration upon the same
evidence.
POINTS OF DIFFERENCE.
&c is not by any means Intended here
to say that the foregoing pon.s covered
by the inquiry are the only points upon
which the findings of me court are in
all respects or substantially unanimous;
because the truth is that the court is 4
unit upon all points, except those as to
which the Admiral expressed individual.
but not in all cases contradictory views.
1t does not appear that any good pur-
pose would be served ~ asking the
court to reconsider these. Aside
from the inaccurate ana mislead-
ing uSu Of the term the ma
jority OF tne court the next promi-
nent feature Of the paper before us is
the broad and sweepinS fashion in which
The applicant and his counsel declare
cred evidence. y sample sentence is the
following from Paragraph y, although
the paper, Is largely made up OF such
remarkable statements:
...The majority of the court have re-
3ectcd the whole OF the testimony offered
on behalf Of the applicant. a..u ..aA lot
s,dvcrted 10 such testimony, and nave
IS entirely ignored the testimony Of the
applicant himself TIE court adjourned
Is on the 7th OF November last. Since thai
date its members have been. with rare
exceptions, in daily session, morning aio
ls afternoon, examining me. evidence before
them 1t was their sworn duty 20 cor
s slider and weigh tiat eNioence, ana INT
applicant and his counsel have 40 right
10 saw that tl.ey h;src disregardeG it
Isi,t Isl it particularly urged in para,
,yr:.,,,s "a. to q and elsewhere N the OBJ
se.tica that he testimony of The. appli
cont himself has been ignored. This Is
no,eIsr stated not shown. Ne cohte's
sha. The testimony OF INC aPpicaii
alone upon direct and cross-eNamina'
1,ons establishes Inc important TACT
: .,o,.ral,x of d;latorinesS, Naccilaion ana
vent Of enterprise at Cic..iiiegoS aat
~ throughout the entire campaign. iron
,>ey Nest to Santiago. the. particular:
81 OF the retrograde movement the dls
5 obedience OF orGers. oi the inasccetat
and misleading Official reports, negiec
and FIXTURE 10 iesuNs Wy - 80
3 Sices 10 el.ieutanant-Co i1opssoN
md str,fe minor matters
49, .aT VARIANCE NSi1,d OTHERS.
..rlrc facts. OF these events were az SUB
stantiailv confirmed by the applicant
ow, testimony: 50 taat far from lgnofini
# ouch testimony the court may have Da ,s
.t.; .y,IIt,a = s,portant findings thereon. i,u
q ,ne cosri has 4 perfect right, ;slte
wsIshln:,. it. to isnore any testimony
Is Nss.l ,ie the applicant, his counsel, nor m
# 1,,dre a4dvocatc is. to say wfat testlraoa:
s. st SHAFT accept and what 1t sh.sli re's &c,
aht 8 .itia4ters MAY be as argued, pa
,l,eir {aa. ern:nation is in ,l,c province
~ Tie court. 1t hanrened in the presen
81 sn,,,;fSs t,rat the applicant was contra
y dleie:. in whole or in part. by the testl
7nons given by some OF me %i mess
3s1sy way OF particular interest comtlo
tsa ,l.ra.I sshlev gave testimony at Va1Nanc
with i4sat Of the following; Witnesses ss
= 1seay- Asstnirals Cotton, Evans. anu "a: