Evening star., 1902-01-29
seus. sat and iwhsass aasrivsa its author
re.t,monx Res.l lk,nk cemmana.

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Testimony Resal4ink Command.
Exhibit A Is an aralmeat and resume
of testimony devoted ntisAly to determin-
ing the question OF n4 ind during the
battle of Santiago, aI Eo4 prises full two
thirds of the sixty-tw pri8ed pages which
make up the petition I'd exhibits. 1t dis
cusses the right of 81 &lnrt to consider
the question of comI nd the fact as to
whether or not 1t act I'D SO: the pro-
priety of Dewey's OPT n 81 regard to that
question:; and the aC&qn Xequisite to ex-
the precept and instructlDl directed to the
court to thoroughly inqsre into all the
circumstances bearing pp6 Schiey's con-
duct and the Subject fst Of ths
well as under this specific authority, the
court had full power to- Investigate, and
was not required to lipnit the inquiry to
Schley's conduct In connection with the
specific directions contained IN the pre-
cept.
It is declared that the court Gid actually
investigate, under tins general authority,
of the the specific directions, and it is pointed
out that the movement of the flying squad
ron from hev West to Cienfuegos, was one
Of the subjects Of nasy nos dhaa IN
1t is an incontestfble fact that lAe court
was authorized to determine the question
at the pas as ese 45 Of
court shows that schiey did actually ex-
ercise the powers and assume the RESPONSE
bilities Of command over the American
forces In the battle, and, If he did this, in
the absence Of any right so to do, then, un-
der the naval regulations, Lis conduct
would have been Erossly sly y lnsuboroinate s,l7
ity of his proper commanding officer, and as
such would have been highly censurable,
and should have been so held by the court"
It is further stated that the court itself did
not deny it's right to inquire into this sub
ject of command, and that the Secretary of
the Navy never did, his disapproval of
upon an erroneous statement that the court
had excluded evidence in relation thereto"
Attitude of the Court.
The counsel then take up the ques-
ton of fact as to whether the court did
actually entertain. and consider the ques-
ton Of command, and to determine ,nis
point they submit a great number of
excerpts from the official record of the
court These are based on testimony
given by many officers, Including Commo-
dore Howison, who: in the course of an In
terview on board ship, spoke Of Sampson as
being in command; Commander Heilner,
Commander Sharp, Lieutenant Doyle, Cap
son. Lieutenant Bristol, Admiral Taylor.
Captain Cook, Lieutenant Commander
Sears, Lieutenant McCauley. Lieutenant
mander Griffin, Lieutenant Commander
Nicholson, Lieutenant Simpson, Lieutenant
Ackerman, Lieutenant Eberle. Lieutenant
schley himself. In addition schiey includes
the testimony Of some Of the newspaper
witnesses and quotes portions OIL Mr.. Ray
ner's argument, where he was allowed to
these, it is respectfully submitted, amount
ed to a formal entertainment and conSid-
Grafton by the said court of this question
and obligated IL to find tue fact and report
it's opinion thereupon.
Obligation of the Court.
AS to the general obligation upon the
court to determine thi@squestion Of COM
mand, the counsel declare that they should
have done so because:
"(a) The question t6s never been con-
sidered and determined by body of COM
petent jurisdiction hayiing. before it all the
facts and all the parties Interested
"Cb) That a doubto existing as to who
was actually in command at the battle of
Santiago, there arose In the navy Of the
United States, and among. the people at
large, controversy oyer this point, which
controversy, without Being fnstigated, fos-
tered. or countenanced byEyour petitioner.
has waged for more than three years to the
great detriment of the, good of the service
and to the hurt of those most concerned in
the said question. p" -
"(c) That in the course of the said con-
troversy your petitioner was made the OBJ
ject OF most unjust aeeusations, affecting
s and PSs which @
sought to establish the fact tkat he did not
command at the said battle, and that owing
to said accusations he has. suffered much
injury. -. ..... .si...s.--
'(d That the said controversy brought
about condition which resulted In all
those persons present and participating in
said battle being denied the rewards which
generous country. is disposed to grant
those who serve 1t we'll in war.
''(e) That the said controversy can only
be terminated and justice done to those to
whom justice is due upon the rendition by
body of competent jurisdiction, having
before it all facts and parties concerned,
Of the decision upon this question, which
decision shall be final and conclusive.
20 That such decision will result In
the betterment of the service. by closing
deplorable controversy, which now divides
the service into hostile factions; that, fur
ther, such decision will perpetuate In his
tory the true facts surrounding one Of the
greatest naval conflicts of modern times
and one of the greatest naval victories ever
achieved by this country.
"(g) That in asking for court to pass
upon his conduct during the war with Spain
your petitioner expected by such action
and its consequences to secure judgment
SO final and conclusive as to terminate the
said controversy and relieve the service Of
most baneful contention.
''(h) That In this respect his desire was
shared by the Navy Department, which
created the court and vested it with ample
authority in the premises.
'O That under the circumstances and
conditions herein set forth it became the
duty OF the said court to pass upon this
question, to the end that the said contro-
versy might be terminated, the truth prop
erly perpetuated in history, justice done the
deserving, and the good of the service con-
served" }El
PrOpriety of Dewey's Action.
The counsel next take up the question Of
the propriety and justice of Dewey's opin-
ion that Commodore Schley was in absolute
command in the battle, of Santiago, and is
entitled to the credit of the glorious vie
tory. and they quote many excerpts from
the testimony to establish the correctness
of this conclusion. 1t is recited that Samp-
son signaled to Disregard motions COM
mander-in- chief when he started eastward
that morning, thereby cenferring command
upon Schley, and the naval regulations are
cited at length ON that point. 1t is asserted
that the official record shows that the New
York did not reach the scene Of the last
surrender Of Spanish ships until one hour