Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07

Washington Feb 1.-E. $. Theall
representing stayton & Campbell &
Iheall, counsel FOR Rear Admiral sump-
SON today filed the following brief with
President Roosevelt, protesting against
the claims set mp in Admiral Schleys
appeal that he was In supreme com-
mand during the battle OIL Santiago.
THE APPEAL.
20 Broad Street New York,
February 9, 1902
Hon, Theodore Roosevelt President of
the United States
SIR We beg leave as attorneys for
Rear Admirol W. r Sampson and on
his behalf to submit the following state
ment In connection with the position
OF Rear Admiral W. s, Schley asking
relief from his condemnation as re-
ported by a court Of inquiry aud app
proved by the secretary Of the navy
DEWEY REFERRED TO.
No argument VEIN be submitted as TO
the volunteered opinion Of the presid-
ing member Of the court upon the ques-
ton Of command at Santiago. We re-
pealeuly applied for an opportunity 20
present evidence upon this point TO the
court ana our request was as often re-
FUSED and we are confident that an at
Tempt To pronounce an adverse judg-
ment where q hearing mas been denied
is 30 plain violation OF simple good
lallh ihat 1t has no chance OF receive d.
lng your approval We were ready
then and are still ready to produce
much evidence which was not offered
before The court on this question. We
are prepared to show that the state
ment that the New York at the begin.
hlng of the battle was out Of sight of
each and every ship of the hlockading
squadron but one is inaccurate.
READY TO PROVE ASSERTION.
We are ready to show that under the
navy regulations and the judicial inter-
pretations thereof Rear Admiral Samp-
son was during the battle IN command
of every single vessel In the American
line. There is abundance of testimony
available to show that from the begin
ming of the battle every American yes
sci ot Santiago was in sight Of the New
York, There is evidence at hand both
record ana oral to show that whenever
the eommandcr-in-chief left the block
aiding line In front of Santiago he hoist
ed the signal Disregard movements of
commander-in-chief' proceeded to that
point where, under the regulations, his
immediate command OF the squadron
ceased and then signalled 10 the next In
rank to take commando and that on
the morning of July the commander.
mischief had given instructions to have
ready for hoisting the signal directing
Commodore Schley 10 assume COM
mand; that this signal was to be hoist
ed when under the regulations the APP
pr0ptiate moment arrived that that
moment had not arrived and that such
signal had not been hoisted when the
enemy endeayored to escape from the
harbOr
EVIDENCE FROM THE OREGON.
From the Oregon, too. there is avail
able evidence to show that when the |
first shot was fired the quartermaster OF |
the oregon using the long glass could. |
IRON the position from that vessel near |
me center of the line read the New |
forks battle signals then dying.
All this evidence was ready 10 be |
presented 10 the court Of inquiry and II |
is ready 10 be presented to YOU II was |
not admitted before the court because
1t refused to 90 into the question of
command Rear Admiral Sampson has
never objected and does not now oh.
ject to an inquiry TO determine the
question Of command lie has. however.
reported that he was in command al
that battle As commander-in.ch chief he
has made his recommendations
the promotions He has been
recognized by the executive and judicial
departments Of the government as be-