The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-02-08
FILE A BRIEF
FOR SAMPSON
Attorneys Present His Side of
the Santiago Controversy.
SAY SCHLEY DISSOLVED
CLAIM THE OREGON COULD SEE
THE NEW YORK.
SAY SCHLEY DISSOLVED

w ASHINGTON, Feb 7.-E. $. TheaH
w representing Stayton & Campbell *
TheaI. counsel for Read Admiral
Sampson. today filed the following brief
with President Roosevelt, protesting
against the claims set up in Admiral
SchIeys appeal that he was in supreme
command during the battle off Santiago:
80 Broad Street,
New York, Feb. s, 1872.
Hon. Theodore Roosevelt, President Of
the United States:
Strive beg leave as attorneys for
Rear Admiral W. r. Sampson and on
his .ehalf 60 submit the following state
menl in connection with the position Of
/ Read Admiral w :. SChley, asking re-
lief from his condemnation as reported by
a court of inquiry and approved by the
secretary of the navy.
No argument viii he submitted s TO
the volunteered opinion of the presiding
member II the court upon the question OF
command at Santiago We repeatedly
applied FOR an opportunity 20 present
evidence upon this point to the court and
our request was as often refused, and we
are confident THAI an attempt TO pro-
nOuncc an adverse judgment where
nearing has been Genied is so pain a
violation Of simple good faith that IT
has no chance of receiving your approval
We were ready then and are still ready
TO produce much evidence which was not
offered before the court on this question
ment that the New York at the beginning
of the battle was out Of sight of each
and every ship Of the blOckading squad
ron but one" is inaccurate.
Claim Sampson Commanded.
We are ready to show that under the
navy ragLlstio and the judicial inter
pretations thereof Rear Admiral Samp-
son was. during the battle. IN command
of every single vessel in the Americ"
line There is abundance of teStimol p
available TO show that from the begin
ninE of the battle every American yes
SCI al Santiago was IN sight OF the New
York. There is evidence at hand. botn
record and oral To show that whenever
the COmma nder In chief left the block
ading line in front Of Santiago ne hoist
cd the signal disregard movements of
commander IN chief proceeded 10 that
point where. under the regulations. mis-
immediate command Of the squadron
ceased and then SiEDaled To the next IN
rank 10 take command; and that on
the morning of July the commander
I'M chief had given instructions to have
~eddN for hosting the signal directing
Commodore Schley 10 assume command.
that this signal was 10 he holSted when
under the regulations the appropriate
momeEt arrived. that that moment had
not arrived and that such signal had not
been hoisted when the enemy endeavOred
10 escape from the harbor
From the Oregon. too. there is available
was Tired the Quarternlaster of the Utv-
gOn. using the Ions glass. could. from the
position from that vessel near the center
Of the line. read the New York ) battle
signals then flying.
All this evidence was ready TO be pre-
scented 90 the court o.. inquiry and II Is
ready 10 be presented to YOU II Was not
admitted before the court because il re-
fused TO 30 into the question of COM
mand Rear Admiral Sampson has never
objected and does not now object 20 an
inquiry 10 determine the question OF
command He has. however. reported
that he was In command at that battle
As commander in chief he has made his
recommendations concerning the promo
items. he has been recognized by the
executive and judicial departments OF
the government a. being in command. and
he asks that when the accuracy of his
reports Is questioned he al least be per
mitted to hear the evidence IN opposition
and TO permit his brother officers 20
--ome forward with the evidence they are
ready 20 Live in bis behalf
Say Schley Was Disobedient.
There is further an abundance Of evil
dence available TO establish the fact that
what the applicant now calls the com
plete and total failure of the prearranged
order of battle was due wholly 10 his
own slisobedienee OF the orders of the
comma nGer-in-Ch+ef- These orders were
10 close in and 10 hold the enemy at the
harbor-s mouth. Commodore Schley 50
understood the orders He hoisted that
very signal Yet when he saw the enemy
approaching that part OF The line guarded
By his Own vessel. he looped He with
drew from the battle formation left e.
hole IN the line. interfered with the Texas.
which would have stopped the gap. and
caused her 10 lack. thereby giving 20 the
enemy the double opportunity of which
they awaited themSclVes-to escape
through the interval ne had made.
We have no desire 70 proloug this con-
troversy. We MY ask that before there
shall be a f@ding adverse 20 Admiral
Sampson. either by tbs president. the
courts or the navy department. that he
be given the opportunity which has been
given 10 Admiral SChley 10 present such
evidence as may make both sides of the
matter clear. Very respectfully.
STATION & CAMPBELL.