Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-21
JUSTIFY HE COURT
Lemly and Hanna File Their Re-
port on Schley's Bill oil
Objections
Argue That There is No 0cca.
sion for a Reopening Of
the Inquiry.
Entire Case Reviewed and the
Majority Decision Declared
to Be Sustained.


TO Be Sustained.
Washington. Dec. 21.-Judge Advocate
Lemly and Solicitor Hanna have sub
mitted to Secretary Long their report
upon the bill of objections filed by Ad-
miral Schley, thru his counsel. TO the
findings of the Scflley court of inquiry
In substance this report is an argumen,
supplementary to the argument made
by the writer's before the court Of In
curry. The principal points are an In
sistance upon their contention that the
first report is the unanimous report oil
the court of inquiry; that the court was
justified in rejecting Admiral Sehleys
evidence by the number of witnesses
who took issue with him. and thai there
is not sufficient reason for reopening the
case, as requested by Admiral Schley
The report in part is as follows:
"Sir: A COMMUNICATION dated the ls,n
instant. signed by Rear Admiral w. ?.
Schley and by Isador Rayner and James
Parker, his counsel. Directing to the APP
prevail of the findings of the courg OF m
uuiry in the case of Rear Admiral
Schley. and asking particularly that
what the signers are pleased to term
the opinion of the majority OF the court
be RENTED to the court for further con-
sideration, has been received by the de-
partments referenc, and is returned
with the following statement:
1T is somewhat difficult to deal with
this paper, on account OF It's general and
specific character. and sweeping,
tho unsupported by assertion OF opin-
ion by the applicant and his counsel,
that, in their judgment. the adverse
finding Of the court is not justified by
the evidence. The paper might be dis
missed as simply e. not unexpected ex-
preston Of dissatisfaction with On ad-
verse Judgment, but for the fact that II
contains number of misatatements.
and particularly has woven turnout its
entire structure ar inaccurate and mis-
leading use OF the words, majority OF
the court The findings of fact and the
opinion of the court of inquiry in the
case of Admiral S;chley upon the more
important and material points before
1t were not reached by majorit, of the
members only, but by the entire court
The points of the precept upon which
all the members OF the court unite APP
pear to be incontrovertibly established
by the evidence; it is not understood
how any other conclusions could have
been reached upon, them: and they con-
stitute the essential features Of the en-
tire matter under inquiry. The evil
dence adduced before the court conclus-
lively shows:
Under the fourth clause Of the pre-
cept-That on the 26th Of May, 1898,
within a few miles OF Santiago, to which
point he was under orders to proceed
with the utmost dispatch. and where he
was advised that the enemy's fleet was
reported to be, and where in fact 1t ac-
tually was, Commodore Schley turned
about with the feet under his command.
consisting OF some Of the best vessels of
the American navy, and headed for a
home port more than 70 miles distant,
without sufficient reason or excuse for
such action, taking with him at the
same time the scouting vessels the de-
partment had sert there to watch the
entrance, and leaving the port OF Santi-
ago, with the enemy's fleet inside. un-
guarded Upon this point the court
says In its opinion: HE should not have
made the retrog,rade turn westward
with his squadron In the face OF the
facts the court could not have found
otherwise.
"Under the fifth clause of the pre-
cept-That while thus abandoning the
field of action with his feet. Commo-
dore Schley was overtaken by q dis
patch vessel bearing an urgent order,
dated May Is. from the department. in
substance directing him to proceed to
Santiago to ascertain certain facts,
and report, and not suffer the enemy
to escape; that, nevertheless, he con-
tinued to retreat with his squadron
to the secretary of the
navy. 1t is to be regretted that the de-
partment's orders can not be obeyed'
The court found that he should have
promptly obeyed the navy departments
order of May 25.' Disobedfence of an
important order in time of war having
been thus virtually confessed, no other
filing of the court was possible.
Under the sixth clause of the pre-
cept-Commodore Schley's explanation
of the retrogade movement and of his
of orders as made at the
time in full telegram to the depart
ment on the subject was, in substance,
shortage OF coal and inability to coal
the ships OF his squadron from the coll
lier. Evidence developed before the
court shows that the squadron was at
the time well equipped with coal, and
that coal had been and could be readily
taken from the collier There was
for the court but TO find, as 1t
did, that Commodore Schleys official
reports regarding; the coal supply and
the coaling facilities of the Flying
Squadron, were inaccurate and mis-
An attempt to justify by the
official reports the turning
homeward of Il powerful squadron at
critical period OF war in disobedience
of orders is very serious matter.
Under the seventh clause of the pre-
cept-The evidence adduced before the
court shows that during the whole of