The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-02-08
LOOP WITHOUT END
SIMPSONS Attorneys Appeal
to President Roosevelt.
ON QUESTION OF COM MAND
Desire TO Have a Say Before
SchIey Is Answered.
ON QUESTION OF COM MAND

reSentlng Staytcn &Cdmppeu ana 1heali5
counsel fer Rear Admiral Sampson, today
filed the following brief with President
Roosevelt. protesting against the claim
set up in Admiral schleys appeal that
he was in supreme command during the
battle of Santiago:
30 Broad Street.
New York City, Feb. 6, 1902
| Hon. Theodore Roosevelt, President OF
the United States:
| Strive peg leave as attorneys for
Rear Admiral W. T. Sampson and on his
behalf to submit the following state
ment in connection with the petition of
Rear Admiral W. S. Schley, asking relief
from his condemnation as reported by
court of inquiry and approved oy the
secretary of the navy.
No argument Will he submitted as to
the volunteered opinion of the presid-
ing member of the court upon the uues-
ton of command at Santiago. We rereat-
edly applied for an opportunity to present
evidence upon this point to the court and
our request was as often refused and
we are confident that an attempt to pro-
| nounce an adverse judgment where
hearing has been denied is so plain a
violation of simple good faith that 1t has
no chance of receiving your approval. We
were ready then and are still ready 70
produce such evidence which was not
| offered before the court On this question.
! We are prepared TO show that the state
mcnt that tine New York at the begin
ming of the battle was out of sight of
| each and every ship of the blockading
| squadron but one is inaccurate. I'VE are
| ready to show that under the navy regu-
! lations and the judicial interpretations
| thereof Rear Admiral Sampson was
during the battle in command of every
single vessel in the American line. There
is abundance of testimony available to
show that from the beginning of the bat
lie every American vessel at Santiago
was IN sight of the New York. There
is evidence at hand both record and oral
| to show that whenever the commander
in chief left the blockading line in front
] OF Santiago, he hoisted the signal '6isre-
gard movements of commander-in-chief,'
proceeded to that point where under the
regulations his immediate command of
| the squadron ceased and then signalled
to the next in rank to take command and
that on the morning of July 3, the COM
mander-in-chief had given instructions
to have ready for hosting the signal di-
recting Commodore Schley to assume
command, that this signal was to be
hoisted when under the regulations the
appropriate moment arrived; that that
moment had not arrived and that the
signal had not been hoisted when the
enemy endeavored to escape from the
harbor
From the Oregon, too, there is avail
able evidence TO show that when the first
shot was fired the quartermaster of the
Oregon, using the long glass. could, from
the position of that vessel Eear the cen
ter of the line, read the New York's hat
tie signals then flying.
IAN this evidence was ready to oe pre-
scented to the court of inquiry and it is
ready to be presented to you. 1t was
not admitted before the court because it
refused to so into the question of COM
mand. Rear Admiral Sampson has never
objected, and does not now. object II any
inquiry to determine the question of COM
mand. He has. however, reported that
he was in command at the battle. AS
eornmander-in-chiof. he has made his rec
concentrations concerning the promotions.
He has been recognized by the executive |
and judicial departments of the govern |
ment as being in command and he asks
that when the accuracy of his reports is |
questioned, he be at least permitted to |
hear the evidence in opposition and to |
permit his brother officers to come for
ward with the testimony they are ready |
to give in his behalf
There is further an abundance Of evil |
dence available to establish the fact that |
what the applicant now calls the com
plete and total failure of the pre-arranged t
order of battle vas due wholly to his I
own disobedience of the orders OF the
commander-in-chief. These orlers were |
to close in and TO hold the enemy at the 4
harbor's mouth Commodore Schiey so 1
understood the orders. He hoisted the
very signal. Yet when he saw the enemy /
approaching that part of the line guarded /
by his own vessel, he Topped He with
drew from tho battle formation. left a /
hole in the line. interfered with the Texas.
which would have stopped the gap and
caused her TO back. thereby giving TO the i
enemy the double opportunity OF which I
they availed themselves - to escape
through the interval he had made
we have no desire to prolong this con-
troversy. We only ask that before there
shall oe a finding adverse To Admiral |
Sampson, either 5y tho president, the
court OF the navy department. that he
be given the opportunity which has been
given To ADMIRAL Schley. to present such
evidence as may make both sides Of the
matter clear. Very respectfully.
'Staynton & Campbell and F. s Thean"
Counsel for Rear Admiral ". T. Samp-
son
The president will consider the bcief in
connection with Admiral Schley's appeal.
President Roosevelt's decision in the
Schely case viii not be made public IN
til after his return from Charleston.