The times. [volume] (Richmond, Va.) 1890-1903, 1902-02-08
Claim That He Was Within Signal
ing Distance During Battle.
CHARGE OF DIsoBEDIENcE
Says Loop Of Brooklyn Was Wholly Re-
sponsib.e for Failure of SIMPSONS Plan
OF Bate, and Gave Spanish Yes
sells Cbancc of Escape-pres-
ident Will Consider
Brief,
(Ry Associated Press.l


WASHINGTON, d. c., Feb. 7.-E. S.
Theale, representing Stayton and Camp
bell and Theale, counsel for Rcar-Admiral
Sampson, to-day filed the following briet
with President Roosevelt, protesting
against the claim set up in Admiral
Schleys. 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 mem
Der Of the court upon the question VI
command at Santiago. WeTepea .ediy ap-
piled for an opportunity to present cvi-
dence on this point, and our request was
as often refused, and we are confident
that an attempt to pronounce an adverse
Judgment where q hearing has been de-
MED is so plain a violation OF simple gcoo
faith that it has no chance of receiving
your approval. We were reaoy then ana
are stll ready to produce mucn evidence
which was not offered before the court
on this question. We are prepared 10
show that the statement that the Ne"
York at the beginning of the battle was
out of sight of each and every ship or
the blockading squadron but one IS IN
accurate.
NEVER OUT OF SIGHT.
I'VE are ready to show that un6er the
navy regulations and the Judicial inter
pretations thereof Rear-Admiral Samp-
son was, during the battle, i'll command OF
every single vessel in the American line.
There is abundance of testimony aNaliaoie
to show that from the beginning OF the
battle every American vessel at santiago
was in sight OF the New York. There IS
evidence at hand both record and parol,
to show that whenever the commander
iu-chief left the blockading line IN front
of Santiago he hoiSted the signal, DlSre-
gard movements of commander-in-ch chief,
proceeded to that point where, under the
regulations, his Immediate command or
the squadron ceased, and then slSnalied
to the next in rank to take command; ana
that on the morning ofJuly 81 the com
mauder-in-chief had given instructions to
| have ready for hoisting the signal di-
rectins Commodore Schley to assume
command, and that this signal was to be
hoisted when, under the regulations, the
| apDropriate te moment arrived; that moment
had not arrived, and that such signal had
not been hosted when the enemy endeaE-
| ored to escape from the harDor
BATTLE SIGNALS FLYING.
| From the Oregon. too, there is aValia'
! BILE evidence to show that when the mrs
| shot was fred the quartermaster OF thi
Oregon. using the long glass. could, iron
| the position Of that vessel, near the cen
| ter of tra line, read the New fork,s BAT
tie signals then flying.
! "AlI this evidence was ready To be pre-
| sented to the Court of Inquiry, ara IL l.
/ ready to be presented to YOU It was
! rot admitted before the court because
| II refused to go into the question or COM
| mand. Rear-Adn1ral Sampson has never
!. rbiected and does not now object, &c
| any inquiry to determine the question
| If command. He has. however. reportet
! hat he was In command at that bat
! tie. AS commanderin- chief, he has mace
| his recommendations concerning. the pro
motions. He has been recoshlzeo ny 1'i'
! Executive and Judicial Departments o
/ the Government as being in command
I and he asks that, when the accuracy o.
| his reports is questioned ne be at leas
permitted to hear the evidence in oppo
| stion. and to permit his brother officer!
to come forward with the testimony the!
I; are ready to give in his behalf.
CHARGE DISOBEDIENCE
'There Is further an abundance Of ev'
dence available to establish the fac
that what the applicant now calls til
| complete and total failure of prearranse'
! order OF battle was due wholly to hi
! own disobedence of the orders Of IL
! commander-in-c chief. These orders wer
1 to close in and hold the enemy al til
! harDOr'S mouth. commodore 'Scnley $
understood the orders. He hosted tha
very signal. Yet when he saw the enern'
erproa ching that part Of the line guard
ed by his own vessel, he looped.. II
i withdrew from the battle forma ton, lef
| a hole in the line, interfered with til
Texas which would have stopped tn
gap and caused her to back thereh.
! giving to the enemy the double oppoi
.unity-of which they avaied then
selves-to escape through the interval h
had made
WILL CONSIDER BRIEF.
I'VE have no desire to prolong this cor
troversy. We only ask that before the,
shall be a finding adverse to Admir-.
/ Sampson, either by the President. tn
4 courts. or the Navy Department. that r
be given the opportunity which has bee
siven to Admiral Schley t. prese
such evidence as may make both sid
of the matter clear
The. President will consider the hrt
in connection with Admiral Schley's al.
peal and the Navy Departments con
4 ment. His decision in the Schley ca
will not be made public until after hi
return from Charleston.