The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-30
SCHLEY APPEAL
IS MADE PUBLIC.
Asks That Justice Be Done Him
and Longs Error Corrected.
PETITION LEneTHyDocUNENT
Fills E;sh, Printed Pages OF Pamphlet ana
ssses Ground for Appeal Oh Find
iass of Admiral
Dewey.
PETITION LENGTHY DOCUMENT.
(By Associated Tress.l

(By Associated Prcss,)
WASHINGTON, Jan. 2s-Thc Navy
Department has made public Admira
Sclliey's appeal, delivered TO the Presi-s
dent about week ago. The depart
,ncnt's Comment will be published in
day or two.
Admiral Schiey's appeals to the Presi-
dent as the Chief Executive and Com
nlaader-in-Chief of the army and navy
vested witt, power to regulate and oil
1cct the acts of the several executive
officers thereof and he asks that the
President review the findings OF the
court. He asks this on three GROUNDS.
in each case basing his appeal on the
findings of Admiral Dewey as opposed
io the majority report. These three
grounds are set out copiously in the
petition which fills about eight print
cd pages of n pamphlet and is signed by
Admiral Schley and by Messrs. Rayner,
Parker and league Of his counsel. At
1ached to the petition are three exhibits.
"a" sIs'' and C. each made up OF
ccpious extracts from the testimon.
taken by the court of inquiry and intend
ed TO confirm the statements of TACT
made by the petition. In this latter docu-
1nent the first ground of appeal is the
holding of Secretary Long in his endorse
mcnt of the courts findings, THAT the
conduct of the court in making no nno-
ing and rendering no opinion on those
questions Chat of command and of credit
for the victory is approved, indeed, il
could, with propriety, take no other
course, evidence on these questions dur
ing the inquiry having been excluded
by the court
AN ARGUMENT.
On this point the petition says that the,
Secretary of the Navy was in error IN
stating that the court excluded tcsti-
1nony 10 show that as Dewey said.
Schley was The senior officer in the bat
lie of Santiago. was in absolute COM
1nand and entitled to the credit due fo1
4 the glorious victory which resulted in
the total destruction OF the Spanish
ships On this point the petition says:
And your petitioner-the applicant
before said court of inquiry-now files
with this petition an argument, together
with a resume of the testimony taken
during the inquiry, III so FAR as 1t re-
lates to the question as to WHO was
in command at the battle of Santiago.
in support of his plea that the presiding
member of said court acted within his
authority and jurisdiction in reporting
his opinion as hereinbefore set forth, and
that the majority members OF the Sald
important duty dcvolvinS upon them
under the prccept that they not le-
port their opinion upon the said ques-
ton; that it was incumbent upon Sucn
majority members TO consider and de-
termine the said question for the reason
that only by so doing could they de-
terrnine the propriety of the conduct oI
said Schlcy in said battle, since, 1t being
Il fact that he did assume command OF
The American forces there engaged, ms
action would, in the absence OF the right
and duty SO to do, have been highly cen
surable, and upon the questions OIL Such
right and duty and the propriety of his
conduct in the premises, the said SchleE
was entitled under the precept to a fila-
ing and an opinion from the majority
members as well from the minority mem
beers of the said court
Therefore, the petitioner asks ire
President TO annul Secretary Longs en-
dosemcnt on this point and that he s. 2
cificalIv approve Admiral Dcwey's state
ment declaring that Schlcy was in COM
mand. lie says that only in this way
can exact justice be done him under the
preccpt.
MAJoR1TyS FAILURE.
The second ground relates to the alleged
withdrawal OF the squadron at night from
Santiago Bay and the character OF the
blockade and the propriety Of Commodore
was one OF the points upon which Adni-
raj Dewey specifically disscnted. The Pc
1ition recites the findings of the court
10 the effect that the flying squadron did
not withdraw at night, and declares by
This statement the court obViated the ne
cessity of expressing its opinion as TO
whether or not a close or adequate block
;de was established and the proprety OIL
Commodore Sciley's conduct in the prem
Uses. 1t is declared that under this speci-
iieaton-tllc eightli-more than a MAORI
1y of all the witnesses We're examined;
and about one-third of the whole PERIOD
of the inquiry was consumed IN It's coil-
sidcration; yet '.notwithstahainS the
facts herein set forth, all of which appear
upon the record of the said court, Inc
ronc,Irrirec members thereof have failed
utterly and entirely TO discharge the most
important duty imposed upon them rS
.,lie terms of the said specification. which
duty was to reach their opinion uDor
the questions of whether or not prefer
and adequate blockade of Santlaso mar
Dor to prevent the escape of The enenVss
vessels therefrom was maintained or
the propriety of Commodore Schley's con-
duct in the premises.
USE DEWEY'S HOLDING.
Therefore, Admiral Schlcy asks the
President TO anpul the Secretary's en-
dorsement which makes valid the failure
of the majority members thereof 10 r
port their opinion on that portion OF the
said eighth specification 1t IS also asked
that there be substituted therefor admi-
raj Bewey's holding: The blockade OF
Santiago was effective.
The third ground recitcs Admiral Dew
ey's opinion that the passage from Key
West to Cicnfuegos was made with all
possible dispatch, having in view the
Importance OF arriving off Cienfuegos with
Sufficient coal; t.Iat the blockade of CieE-
fuegos was effective; that the -Adnia Was
permitted to enter Cenfuegos to gain
Information, and finally that the passage
from Cienfuegos TO a point off Santiago
was made with as much dispatch Us pcs
siliIe, While keeping The squadron q unit.
The petition declares that this opinion.
being at variance IN certain points with
the majority opinions is the only one
justified by the evidence and facts before
The court and it is asked ..lat tie Sec
retary's approval of the majority innings
ann,illea in each IN