New-York tribune., 1902-01-30
ADMIRAL SCHLEY'S APPEAL
THE PRESIDENT ASKED TO APPROVE
DEWEY'S OPINION.
CREDIT FOR THE SANTIAGO VICTORY
CIlAIMED-COURTS VERDICT SAID TO
BE AGAINST THE EVIDENCE.
tpr rr1rcn,pn TO THE TRIBUNE.l

prayer for the President to approve the minority
opinion of Admiral Dewey made public to-day
The petition is based on three contentious As Io-
lows
FYrst-That "he was in absolute command at the
battle of Santiago" and is entitled TO the credit due
Second-That the blockade of Santiago was ef-
court erred in expressing no opinion on this,
of the most important specifications OF the greGept
conduct from West tp csGfues9s and tshd on shg
by the evidence"
Each point is fortified by argument and review
of testimony. forty-six printed pages being devoted
TO the first. four to the second and two to the
third claim. In the appeal Admiral Schley and his
counsel devote their efforts wholly to inducing the
President approve Admiral Dewey's minority
report and TO set aside those portions OF the
majority opinion" as II is termed in the petition
which conflict with Dewey's dictum-
The comment of the Navy Department on the
appeal has been delivered the President and will
be printed in the newspapers Friday morning. 1t
is BRIEF and sharply traverses Schley's claims to
have been in command of the fleet at the battle
OF July and his two minor contentious
The petition Is signed by Admiral Schley and by
Messrs. Rayner. Parker and league, of his counsel.
Attached to the petition are three exhibits-'A
"B'' and "C'-each made up OF copious extracts
from the testimony taken by the court OF Inquiry
and intended to confirm the statements OF fact
made in the petition itself.
The first ground of appeal is the holding of Sec
retary Long in his Endorsement the courts find
ings, that the conduct of the court in making
finding and rendering opinion on those ques-
tions 0hat of command and OF credit for the Vic
tory is approved indeed II could with propriety
take other course. evidence these questions
during the inquiry having been excluded by the
court" On this point the petition says that the
Secretary OF the Navy in error in stating that
the court excluded testimony to show that, as
Dewey said, Schey was the officer in the
battle of Santiago. was in absolute command and
entitled the credit for the victory which re-
suited In the destruction of the Spanish ships On
this point the petition says:
And your petitioner the applicant" before said
argument together with resume of the testimony
the question as 10 who was in command at the
battle OF Santiago. in support OF his plea that the
his authority and jurisdiction in reporting his opin
ion as hereinbefore set forth and that the major
charge of most important duty devolving upon
their opinion upon the said question, that it was
incumbent upon such majority members TO consider
only by SO doing could they determine the pro,
Battle. since, 1t being = fact that he did assume
command OF the, American forces therein engaged,
duty so TO do. have been highly censurabIe; and.
proprety Of his conduct in the premises. the said
Schley was entitled, under the precept to a find
court and ~ vour petitioneyg respectfuiIv reouests
that the said argument and resume OF testimony
(Which are attached hereto and marked Exhibit
the basis for his prayer for relief the premises
WANTS DEwEY's OPINION APPROVED
Therefore. the petitioner asks he President to
and that he speciGcaiy approve Admiral ID pewRSys
statement; declaring that sehley was in command
done TO him under the precept
- The SECOND ground relates to the alleged With
Bay and the character OF The blockade and the
premises - This vas ono q 1T the points on which
nndings OF the court 10 the eneGt that the tylng
Squadron did not withdraw at night and declares
Close Sa or sdeouate b6cKade Was estabisheS and
the propriety Of Commodore Schley's conduct i'm
the premises It is declared that under this sPec-
witnesses were examined, and about ne-third OF
herein set forth, all of which appear upon the
thereof have failed utterly and entirely to dscharge
teg e e sa wR nH @ S the
report their opinion the ms Of OF whether
70 prevent the escape Of the snemys vessels
Gnmmodnre % chIse5s SnnSuct u IN T the ppemises
Therefore admiral .schley asks the President to
valid the failure of the majority members thereof
said eighth upon And it is also asked
that there be sgPst1gted therefor % admiral Dewey
eGtiye feet S 2STwse he declares cha s that o he
most important specifications
The third ground recites Admiral Deweys opin-
ion, to the effect that the passage from Key West
to CienfuegOs was made by tho Flying Squadron
WIN All possible dlSpdtCn, having III view lHe
portance OF arriving off Cienfuegos with sufficient
COAL that the blockade of Cienfuegos effective;
that the Adula permitted 10 enter to gain in
formation. and finally, that the passage from
Cienfuegos to a point off Santiago made with
much dispatch possible while keeping the
squadron a unit. The petition declares that this |
opinion, being at variance in certain points with
the majority opinion. IS the only one justified by
the evidence and facts before the court and 1t is
asked that the Secretary's approval of the major
ty findings be set aside and annulled in each in |
stance where II is at variance with Admiral |
Dewey's opinion. and that the latter's opinion |
should be approved for the given in the bill
exceptions filed with the Secretary OF the Navy
also asked that the. President annul that por
ton OF Secretary Longs Endorsement which says |
"As to points which the presiding member DIFF |
from the opinion of the majority of the court
the opinion OF the majority is approved, and that
in place he substitute and approve the declaration
OF Admiral Dewey on these points above referred |
to- connected with the passage from Key West 10
Cienfuegos and thence to Santiago. The petition |
closes:
only by the action for which he prays in this rela
tioR can exact justice be done him. within the con,
court sat and whence 1T derived it's authority. All
of which is most respectfully submitted.
THE QUESTION OF COMMAND
Exhibit A is argument and a review OF test- |
mony concerning the question of command during |
the battle of Santiago. and comprises fully two
thirds OF the sixty-two printed pages which make
up the petition and exhibits. 1t discusses the right
of the court consider the question of command; |
the fact TO whether or not It actually did so;
the propriety OF Deweys opinion IN regard to that
question, and the action requisite exact Justice
this point 1t is said that the precept and in |
structons directed the court thoroughly inquire
into all the circumstances bearing upon schley's
conduct and the subject OF the Investigation" and