The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-30

and that at 9:35 on the morning OF July .
the New York was out of sight or
every ship of tbs blockadinS squaoIoii'
but one, making it impossible for her 10
communicate with any of them.
WHY HE COMMANDED.
Counsel contend that schley was In
command al the battle on the loiio"iiiS
reasons: BY vllue of his rank as sec
ond in command of the squadron HeloIe
Santiago.
BY virtue Of his rank as senior line
officer on the spot, authorized by the res
ulations for the government of the navy
of the United states 10 assume command
In such situations and to directthe move
mcn,s and efforts OF all persons III the
nay present.
The absence from, tho scene Of action
during every moment of actual combat or
the regularly appointed commander-lll-
chief of the American forces before san
tiago. The fact that, under orders OF 'iie
department, the commander-1l-ciiel ilau
been temporarily detached from duty as
commander of the American forces before
Santiago and assigned to the discharge
of certain other duties, which orders ne
was obeyins at the time the baltic he-
san. +.
CAPTAINS .OBEYED SCHLEY.
'"rhe fact that being SO engaged in the
discharge of such detached duty at tie
time the Spanisl ships eme"ged from inc
harhor OF SAINT. ago, the commaIoei-lil-
chief found it Impossible to return TO any
point Whence personally or bE means o.
communication Min the ships acLualls
eng ed in the conflict he might resume
his authority until after the patle al
every r ONT Of such arrival had endei
Further argument on this question OF
command is to the effect that Cook 1Ei
Clarke. the two ship captains present X
the surrender OF the Colon, recognized
schley's, seniority and also that Sampson S
..prder of battle failed entirely as soon
as the Spanish squadron succeeded IN pas
sing beyond the westernmost extremity Oh
the American vessels.
INJURY TO SERVICE.
Exhibit ''B'' Celebrates the statements
made in. the petition respecting the pas
sage of The Flying Squadron from heS
West to Cienfuegos. The court declared
that Commodore Schlev did not proceed
With the utmost despatcll off Cienfuegos.
Counsel declare that the court erred IN
that statement and ask that the majority
opinion be set aside and DeWeys opinion
approyed, "as otherwise commanders III
the future would be deprived OF all d1s-
cretion and the service would be injured.
Tho petitioner objects to the majority
ronort "That Commodore Schley did
not blockade the port of CienfueGos as
closely as possible and he objects to the
word close as referring TO distance
alone holding that it means effective
ness or ..adeuuacy' and that all Oh Tie
testimony showed that the blockade on
cienfucgos was adequate. He TURNER r,nea
declares that the court 1ailed " Stato
oil of tho pertincnt facts regarding the
AduIa incident and hcrasks that admiral
Dewev's rendition of that incident be ac-
copied.
the passage from Cienfuegos to Santiago
and object to the majority conclusion OH
this point.
Exhibit &C. maintains that the ma
;oritv of the court rejected all of Schley's
testimony and of his witnesses and and says says
"That if this testimony was an 1aise,
they should have SO announced; and II
all, or any part, of it wa strue, the sad
applicant was entitled to the benefit OF
If. and by declining to consider or pass
mon it. they deprived him of his COM
mon law and constitutional rights.