The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-08
REPLY TO sCHLEY's APPEAL.
Brief Filed by SIMPSONS Counsel
with President Roosevelt.

WASHINGTON, Feb. 7.-E. S. TheaIl,
representing Stayton, Campbell & TheaIl,
counsel for Rear Admiral Sampson, to-day
filed the following brief with President
Roosevelt, protesting against the claim set
up in Admiral schley's appeal that he was
In supreme command during the battle of
Santiago:
$50 Broad street. New York City. Feb. 6.
Hon. Theodore Roosevelt, President OF
the United States:
.sir-we beg leave. as attorneys for Rear
Admiral w. t. Sampson, and on his behalf,
TO submit the following statement in con-
nection with the position of Rear Admiral
w. 5. Schley, asking relief from his con-
domination as reported by a court of in
quiry and approved by the secretary Of
the navy.
mo argument will be submitted as to
the volunteered opinion of the presiding
member OF the court on the question of
command at Santiago. We repeatedly ap-
piled for an opportunity to present evil
request was as often reused and We are r.
confident that an attempt TO pronounce an
adverse Judgment where a hearing has
osen denied Is so plain a violation OF sim
pie good faith that IL has no chance Of re-
ceiving your approval. We were ready then,
and are still ready, to produce much evil
dence, which was not offered before the
court on this question.
I'VE are prepared to show that the state
ment that the New York, at the beginning
of the battle, was out Of sight of each and
every ship of the blockading squadron but
I'VE are ready to show that under the
navy regulations and under the judicial
Sampson was, during the battle, in com
mand of every single vessel in the Ameri-
can line. There is abundance of testimony
available to show that from the beginning
Of the battle every available American
vessel at Santiago was in sight OF the New
York. There is evidence at hand, both rec
ord and oral, to show that whenever the
commander-in-chief left the blockading line
in front of Santiago, he hoisted the signal,
Disregard movements of c~Ommander-in-
chief proceeded to that point, where, I'M
der the regulations his immediate COM
mand of the squadron ceased, and then sig
nailed TO the next in rank to take COM
mand; and that on the morning of July 3,
the commander in chief had given instruc-
lions to have ready for hosting the signal
directing Commodore Schley to assume
command; that this signal was to be
proper moment arrived. that that moment
had not arrived, and that such signal had
not been hoisted when the enemy endeav-
ored to escape from the harbor.
From the Oregon. too, there is available
evidence TO show that when the first shot
was fired the quartermaster of the Ore
the position of that vessel near the center
Of the line, read the New York's battle
signals then flying.
al this evidence was ready to be pre-
scented to the court Of inquiry, and ii is
ready to be presented to you. II was not
admitted before the court, because Il re-
fused to &C into the question of m
Rear Admiral Sampson has never objected.
and does not now object. to any inquiry to
determine the question of m He
has, however. reported that he was in COM
mand at that battle. As commander-in-
chief he has made his recommendation
concerning the promotions. He has been
recognized by the legislative and judicial
departments Of the government as being in
m and he asks that when the &C
curacy Of his reports is questioned. he be
opposition. and to permit his brother Of
fcers 20 come forward with the testimony
they are ready to give in his behalf.
There is further an abundance of evil
what the applicant now calls the complete
and total failure OF the prearranged order
of battle, was due wholly to his own dis
obedience OF the orders of the commander
in chief. These orders were to close in and
hold the enemy at the harbor's mouth.
Commander Sehiey so understood the or
ders. He hoisted the very signal. Yet. when
he saw the enemy approaching that part Of
the line guarded by his own vessel he
Topped RE withdrew from the battle for
nation. left a hole in the line, interfered
with the Texas. which would have stopped
the gap, and caused her TO back. thereby
giving TO the enemy the double opportunity
OF which they awaited themselves-to es-
cape through the interval he had made.
we have no desire TO prolong this con-
troversy. We only ask that before there
shall be a finding adverse to Admiral
Sampson either by the President, the
courts or the Navy Department. that he be
given the opportunity which has been Civ
en- TO Admiral Schley to present such evil
dence as may make both sides Of the mat
ter clear"
The President will consider the brief in
connection with Admiral Schley's appeal
and the Navy Departments