The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-02-08
NEW YORK WAS THERE
Her Battle Signals Could be Read
by Glass
NO SIGNAL TO TRANSFER COMMAND GIVEN
Evidence is Offered. The President viii Make
Public His Decision inthe SchIey Case
When He Returns From
Charleston.
lBy the Assoeiated Press.l }

Washington, D. G., Feb. 7.--E. S.
Thehll, representing Stayton, Campbell
& Theall, counsel for Rear Admiral
Sampson, today filed the following brief
with President Roosevelt, protesting
against the claims set up in Admiral
Schley's appeal that he was in supreme
command during the battle off Santiago:
No argument will be submitted as to
the volunteered opinion of the presiding
member of the court upon the question
of command at Santiago. We repeated
~ 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
pronounce an adverse judgment where a
hearing has been denied is so plain vio-
lation of simple good faith that it has
no chance to receiving your approval.
We were ready then, and are still ready
to produce much evidence which was not
offered before the court on this question.
We are prepared to show that the state
ment that the New York at the begin
ming of the battle aeas 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 regulations and the judicial inter-
pretations thereof Rear Admiral Samp-
son was during the battle in command of
every single vessel in the American line.
There Is abundance of testimony avail
able to show that from the beginning of
the battle every American vessel at San
tiago was in sight of the New York.
There is evidence at hand, both record
and parole. to show that whenever the
commander in chief left the blockading
line in front of Santiago. he hoisted the
signal disregard movements of COM
mander- in chief" proceed to that point
where under the regulations his imme-
6iate command of the squadron ceased
and then signalled to the next in rank
to take commando; and that ON the morn
ing of July 3rd the commander-in-c chief
had given instructions to have ready for
hoistin gthe signal directing Commodore
Schley to assume command; and that
this signal was TO be hoistcd when under
the regulations the approximate moment
arrived. The moment had net arrived,
and that such signal had not been hoist
ed when the enemy crdeavored to escape
fro mthe harbor.
From the Oregon. too, there is avail
able evidence tc show that when the
first shot was fired the quartermaster of
the Oregon, using the long glass, could,
from the position of the vessel near the
centre of the line read the New York's s
battle signals then flying.
"All this evidence was ready to be
presented to the court of inquiry. and it
is ready 10 be presented to you. 1t was
not admitted before the court because
it refused TO go into the question of COM
mand. Rear Admiral Sampson has never
objected, and does not now object, TO
any inquiry to determine the question
of command. He has, however. reported
that he was in command at that battle.
AS commander chief he has made his
recommendations concerning the promo
tiOns He has been recognized by the
executive and judicial departents of the
Government as being in command, and
he asks that when the accuracy of his re-
ports is questioned, he be at least per-
mitted to hear the evidence in opposition
and to permit his brother officers to come
forward with the testimony they are
ready to give in his behalf
There is further abundance of evil
dence available to establish the fact
that when the applicant now calls the
complete and total failure of the pre-
arranged oder of battle was due wholly
to his own disobedicnce of the orders
of the commander-in-c chief. These orders
were TO close in and hold the enemy at
the harbor's mouth. Commodore Schley
so understood the orders. DC hoisted
that very signal. Yet, when he saw the
enemy approaching that part of the line
guarded by his own vesseE he looped.
He withdrew from the 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 10 the enemy~the double oppor-
tunity by which to avail themselves
to escape through the interval he had
made.
we have no desire to prolong this con-
troycrsy. We only ask that before there
shall be a finding adverse to Admiral
Sampson either by the President. the
Courts. or 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"
The President will consider the brief
in connection with Admiral Schley's ap-