The Savannah morning news., 1902-02-08
SAMPSON CLAIMS IT
PROTEST FILED TO sCHLEY's
APPEAL.
THE QUESTION OF COMMAND.
COURT of INQUIRY REFUSED TO
GO INTO 1T.


sampson's Attorneys Contend That
He Did Not ReIinauish Command
by His Brief Departure and That
the New York Was Not Out of
sight of FIeet-AIIeged Failure of
plan of Battle Due to SchIey's own
DisObedience of Orders and His
Failure to Hold His own Vessel in
Line.
Washington, Feb. 7.-E. S. Theall,
representing Stayton, Campbell and
Theall. counsel for Rear Admiral
Sampson, to-day filed the following
brief with President Roosevelt, pro-
testing against the claim set up in
Admiral Schley's appeal that he was
in supreme command during the bat
tie of Santiago:
NO argument will be submitted as
to the volunteered opinion of the pre-
siding member of the court upon the
question of command at Santiago. We
repeatedly applied for an opportunity
to present evidence upon this point to
the court, our request was as often re-
fused, and we are confident that an
attempt to pronounce an adverse judg-
ment where a hearing has been denied
is so plain a violation of simple good
faith that it has no chance of receiv-
ing 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 be-
ginning of the battle, was out of
sight of each and every ship of the
blockading squadron but one,' is in
accurate.
we are ready to show that under
the navy regulations and the judicial
interpretations thereof Rear Admiral
Sampson was during the battle in COM
mand of every single vessel in the
American line. There is abundance of
testimony available to show that from
the beginning of the battle every Amer
lean vessel at Santiago was in sight of
the New York There is evidence at
hand. both record and parol, to show
that whenever the commander-in-ch chief
left the blockading line in front of San
tiago, he heiSted the signal disregard
movements of commanders -in-c chief
proceeded to that point, where under
the regulations his immediate COM
mand of the squadron ceased and then
signalled to the next in rank to take
command; and that on the morning of
July 3, the commander-in-ch chief had
given instructions to have ready for
hosting the signal directing Commo-
dore Schley to assume command: and
that this signal was to be hoiSted when
under the regulations the appropriate
moment arrived; that that moment
had not arrived, and that such signal
had not been hoisted when the enemy
endeavored to escape from the harbor.
Could Read New YOrl's Signals.
From the Oregon, too, there is
available evidence to show that when
the first shot was fired the quarter
master of the Oregon using the long
glass, could. from the position of that
vessel near the center of the line, read
the New York's battle signals then fly
ing.
All this evidence was ready to be
presented to the court of inquiry, and
II IS ready to be presented to you. 1t
was not admitted before the court be-
cause it refused to go into the question
OF command. Rear Admiral Sampson
mas never objected, and does not now
ooJect, to any inquiry to determine the
ever, reported that he was in command
al that battle. AS COMMUNICATIVE chief
ne mas made his recommendations con-
cefnlng the promotions. He has been
recognized by the executive and judi
Slal departments of the government as
Delng in command, and he asks that
When the accuracy of his reports is
questioned, he be at least permitted to
near the evidence in opposition, and
nprDDIf h &c
ICrWard with the testimony they are
ready to give in his behalf.
mere is further an abundance of
ueIce available to establish the
t@cl 10. mat What the applicant now calls
ie complete and total failure of the
pIe-arranged order of battle was due
Nnolly to his own disobedience of the
uers ,rts OF the commander-in-chief.
hse orders We're to close In and to
Core lne enemy at the harbor's mouth.
tiilhodore Schley so understood the
S%Iuers. He hoisted that very signal.
in, Mhen ne saw the enemy approach
iis mat part of the line guarded by
az own vessel, he looped He with
bo boew from the battle formation. left a
r. IN the line, interfered with the
as which would have stopped the
ei,i 81 ana caused her to back, thereby
1,n;.s 10 the enemy the double oppor-
sai,,os "Hlch Lney awaited them
ba s-to escape through the interval
he had made. -
contre,ave co%te nave no desire to prolong this
tb.aoNersy: the We only ask that before
niral snaIl sl be finding adverse to Ad-
tbo l sampson either by the President.
tba, JbouTts' beI or the Navy Department,
has ne De given the opportunity which
nresan peen given to Admiral Schley to
botb at, such evidence as may make
~ sues of the matter clear"
in ne ne PRESIDENT will consider the brief
anreoI eoiIIhectlon with Admiral Schley's
comment. Dop"i 'iiient
NOT ~ decision in the Schley case will
turn Oe ma made public until after his re-