The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-02-12
SAMPSON ENTERS The Fight.
asserts Claim That He Was in
Supreme Command During
Battle of Santiago.
Washington, Feb. 7.-E. S. Tbeall,

-epresenting stayton, Campbell &
Theall, counsel for Rear Admiral
Sampson, fled the following brief
with President Roosevelt protesting
against the claim set up in Admiral
Schley's appeal that he was IN sn-
preme command during the battle on
Santiago:
q No argument will be submitted as
to the volunteered opinion Of the pre-
siding member Of the court upon the
ques5ion of command at Santiago. We
repeatedly 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 ao-
verse judgment where hearing has
been denied is so plain violation OF
simple good faith that it has no
chance of receiving your approval;
We we're ready then and are still
ready, TO produce much evidence
which was rot offered before the court
on this question. We are prepared to
show that the statement that the New
York at the beginning of the battle
was not of sight of each and every
ship of the blockading squadron but
one, 'n is inaccurate.
We are ready to show that under
the navy regulations and the judicial
interpretations thereof Rear Admiral
Sampson was during the battle in COM
mand Of every single vessel IN the
American line. There is abundance OF
testimony available to show that from
the beginning Of the battle every
American vessel off Santiago was in
sight of the New York. There IS eVi-
dence at hand, both record and paroi,
60 show that whenever the commsanoer
in chief left the bloekading line IN
front of Santiago he hoisted the sig
nal disregard movements OF COM
mand- d-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 Sd the COM
mander-in-chief had given instruc
tions to have ready for hosting the
signal directing Commodore Schley to
assume command; and that this sig
nal was to be hoisted when under the
regulations the appropriate moment
arrived: that that moment bad not ar
riYed,. and that such signal had not
been hoisted when the enemy eudeav-
ored to escape from the harbor.
From the Oregon, too. there is
available evidence to show that when
the first shot was fired the quarter
master of the Oregon, using the long
glass. could, from the position Of that
vessel near The centre Of the line, read
the New York's battle signals then
flying.
presented to the court OF inquiry and
It is ready to be presented to you. 1t
was not admitted before the court be-
cause it refused to go into the question
of command.
Rear Admiral Sampson has never
objected, and does not now object, to
any inquiry to determine the question
Of command. He has, however. re-
ported that he was in command at
that battle. As ccmmander-in- chief
he has made his recommendations
concerning the promotions. He has
been recognized by the executive and
judicial departments of the govern
nent as being in command, and he asks
that when the accuracy Of his reports
is questioned, be be at least permitted
to hear the evidence in opposition and
so permit his brother officers to come
forward with the testimony they are.
ready to give in his behalf.
There is further an abundance OF
evidence available to establish the fact
that what the applicant now calls
the complete and total failure of the
prearranged order of battle was due
wholly to his own disobedience of or
ders of the commander in chief. These
orders were to close in and hold the
enemy st the harbor's mouth. Com
snodore Schley so understood the Or
ders. He hoisted that very signal.
Yet when be saw the enemy approach
that part of the line guarded by his
own vessel, be looped. He withdrew
from the battle formation, LETT hole
in the line, interfered with the Tex
as, which would have stopped the gap,
and caused her to back, thereby Civ
ing the enemy the double oportunity
of which they availed themselves-to
escape through the interval he had
made.
s.We have no desire to prolong this
controversy. We only ask that before
there shall be a finding adverse to
Admiral Sampson either by the presi
dent. the courts, or the navy depart
ment, that he be given the opportuni-
ty 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 Schley's appeal and
6he navy departments comment.
His decision in the Schlev case will
not be made public until after his
return from Charleston.