The age-herald., 1902-01-30
COUNTRY IS STAMPED
 BY RAIN AND SHEET


 general authority certain details of his conduct outside of the specific directions, and it Is pointed out that the movement of the flying squadron from Key West to Cienfuegos was one of the subjects of in- quiry not specified in the precept. There fore counsel hold that it is an incontesti- ble fact that the court was authorized to determine the question of command at the battle of Santiago. It is also declared that the record of the court shows that Schley did actually exercise the powers and assume the responsibilities of com mand over the American forces in the battle and if he did this, in the absence of any right so to do, then, under the naval regulations, his conduct would have been grossly insubordinate and calculated to weaken the lawful author ity of his proper commanding officer, and as such would have been highly cen surable and should have been so held by the court"
 It is further stated that the court it. self did not deny the right to inquire into this subject of command and that the Secretary of the Navy never did, his dis approval of Deweys declaration being based solely upon an erroneous state ment that the court had excluded evi- dence in relation thereto"
 The counsel then takes up the question of fact as to whether the court did actu-
  of command, and to determine this 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 Commodore Howison, who in the course of an inter view on board ship spoke as being in command; Commander Heilner, Com mander Sharpe Lieutenant Doyle, cap tain Dawson. Lieutenant-Command Hodgson, Lieutenant Bristol, Admiral Taylor, Captain Cook, L.ieutenant-C Com mander Sears, Lieutenant McCauley, Lieutenant Webster. Ensign Marble, Lieu tenant Commander Griffin, Lieutenant Commander Nicholson, Lieutenant Simp- son, Lieutenant Alderman. Lieutenant Eberle, Lieutenant Johnson, CaptaIh l Clark and Admiral Schley himself. In addition, counsel includes the testimony of some of the newspaper witnesses ana 1 quotes portions of his own argument to | the court where he was allowed 10 ols- | cuss the subject of command All or these, 1t Is respectfully submitted, l amounted to a formal ertertainment ana consideration by the said court o4 tnis question and obligated it to hnc the Iact and report it's opinion tn .reupou
 Should Have Determined Command. As to the general obligation on the court to determine this question or com mand, the counsel declare that they should have done so because;
 A-The question has never been con sidered and determined by body of com petent Jurisdiction having berore It all the facts and all the parties interested
 B-That a doubt existing as to who was actually in command at the battle of Santiago. there arose ip the navy Of the United States and among the people at large a controversy over this point, Which controversy, without being instigated, fcstered or countcnanced hy your pet- tioner, bas waged for more than three years to the great detriment or the gooo of the service and to the hurt Of those most concerned in the said question.
 C-That in the course of said contro- yersy your petitioner was made the op- feet of most unjust accusations aHect- ing his personal and public character which accusations were inspired by those who sought to establish the fact that he did not command at the said bat tie and that owing to sad accusations ne has suffered much injury.
 D-That the said controversy brought 1 about a condition which resulted in all | those present and participating in said battle being denied the rewards which
 a generous country is disposed to grant
 those who serve 1t well in war.
 ! E.-That the said controversy can only
 be terminated and justice done to those
 whom justice is due upon the rendition
 by a body of competent Jurisdiction hay
 ing before it all the facts and parties
 concerned of the decision upon the ques-
 ton, which decision shall be final and | conclusive.
 F.-That such a decision will result in the betterment of the service, by closing a deplorable controversy, which now divides the service into hostile factions;
 that, further, such a decision will per
 petuate in history the true facts sur | rounding one of the greatest naval con- fiicts of modern times and one of the
 greatest naval victories ever achieved
 by this country.
 G.-That in asking for a court to pass
 upon his conduct during the war with
 Spain your petitioner expected by such | action and its corrections to secure a
 judgment so final and conclusive as to terminate the said controversy and re- lieve the service of a most baneful con | tention.
 | shared by the navy department which 1 created the court and vested it with ample authority in the premises. That under the circumstances and | conditions herein set forth it became the duty of the court to pass upon this | question to the end that said contro- versy might be terminated, the truth i properly peTspetuated in history, justice | done the deserving and the good of the service conserved
 Justice of Dewey's Opinion. Counsel next took up the question of the propriety and justice of Admiral Dewey's opinion that Commodore Schley | was in absolute command at the battle of Santiago and is entitled to the credit l of the glorious victory and quotes many 1 excerpts from the testimony to estab- l fish the correctness of this conclusion. It Is recited that Sampson signalled. ito dis | regard motions Comm ander-in- chief, II
 when he started eastward that morning
 thereby .oonferring command upon Schles
 and the naval regulations are cited al
 length on this point. It is asserted that
 the New York did not reach the scene
 of the last surrender of Spanish ships
 until one hour and thirteen minutes after
 the battle ended and that at 9:35 on tht
 morning of July g. the New York wa.
 out of sight of every ship of the block
 ading squadron but one. making it impos
 sible for her to communicate with any
 of them.
 Counsel also cites Secretary Longs statement to the Senate that Sampson was going toward Siboney when the Span ish ships emerged under orders from the | department to confer with Shafter, and, 1t is held, that these orders detached him temporarily from his command, so that
 Schley was actually in command of the
 battle for the following reasons:
 (a) By virtue of his rank as second in
 command of the squadron before Santi- | U nf hfc rop lr sr,