The Montgomery advertiser., 1902-01-30
SCHLEY'S EXCEPTIONS TO THE VERDICT OF MAJORITY OF COURT
Declares That the Question of Who Commanded the Fleet at Time Of Battle Should Have
 Been Decided.

SSniey uiu actually exercise the powers and assume the responsibilities of com mand over the American forces in the tattle. and if be did this, in the ab- sence of any right to do so, then, under the naval regulations, his conduct would nave been grossly insubordinate and fty Of his proper commanding officer. and as such. would have been highly censur- able and should have been so held by the court" V. z did not deny the right to inquire into tnis subject of command and that the Secretary of the Navy never did his dis approval of Deweys declaration being passed solely upon an erroneous state ment that the court had excluded evI- dence in relation thereto''
 The counsel then takes up the question or Iact as to whether the court did actu- ally entertain and consider the question Of command and to determine this point they submit great number of excerpts rom the official record of the court. These are based on testimony given by many officers, including Commodore How! ison, who in the course of an interview mand; Commander Heilner, Commander Sharpe. Lieutenant Doyle, Captain Daw- son, Lieutenant Commander Hodgson, Lieutenant Bristol. Admiral Taylor, Cap tain Cook. Lieutenant Commander Sears. Lieutenant McCauley, Lieutenant Web ster, Ensign Marble, Lieutenant Com mander Griffin, Lieutenant Commander Nicholson, Lieutenant Simpson, Lieuten- ant Alderman. Lieutenant Aberle. Lieu- tenant Johnson. Captain Clark and Ad- miral Schley himself In addition ,coun- sel includes the testimony of some of the newspaper witnesses and quotes portions or ms own argument to the court where he was allowed to discuss the subject of command. All of these, it Is respectfully submitted, amounted to a formal enter tainment and consideration by the said court Of this question and obligated 1t to ma the fact and report its opinion there
 As to the general obligation on the court to determine this question of com mand the counsel declare that they snomld have done so because:
 The question has never been consid- cred and determined by a body of com petent jurisdiction having before if all the facts and all the parties interested.
 tD) That doubt existing as to who was actually Tn command of the battle us ts Santago, there arose in the Navy of tne united States and among the people al large, controversy over this point. which controversy, without being insti- gated. fostered. or countenanced by your petitioner has waged for more than three years to the great detriment of the good or the service and to the hurt of ton.
 (c) That in the course of said contro- versy your petitioner was made the ob- !ect or most unjust accusations affect Ing his personal and public character, which accusations were inspired by those who sought to establish the fact that he did not command at the said battle and that owing to said accusations he has suffered much injury.
 'd) That the said controversy brought about condition which resulted in all those present and participating in said battle being denied the rewards which a generous country is disposed to grant those who serve 1t we'll in war.
 (e) That the said controversy can only be terminated and justice done to those whom justice is due upon the rendition by body of competent Jurisdiction hay ing before 1t all the facts and parties concerned of the decision upon the ques- tion, which decision shall be final and conclusive. -
 CD That such a decision will result in the betterment of the service by closing a deplorable controversy which now di- vldes the service into hostile factions; that further. such decision will per- petuate in history the true facts sur rounding one of the greatest naval con f1icts Of modern times and one of the greatest naval victories ever achieved by this coutnry.
 tg) That in asking for a court to pass upon his conduct during the war with Spain your petitioner expected by such action and Its corrections to secure a Judgment so final and conclusive as to terminate the said controversy and re- lleNe lHe SerElce or a most DdneIul con tention- ...
 (h) That in this respect his desire was shared by the Navy Department which created the court md vested 1t with ample authority in the premises.
 D That under the circumstances and conditions herein set forth. 1t became the duty of the court to pass upon this question to the end. that said contro- versy might be terminated. the truth properly perpetuated in history. justice done the deserving and the good of the service conserved. t
 Counsel next took up the question of the propriety and justice of Admiral Deweys opinion that Commodore Schley was in absolute command at the battle of Santiago and is entitled to the credit of the glorious victory and quotes many excerpts from the testimony to estab- fish the correctness of this conclusion. It is recited that Sampson signalled to disregard motions Comander-in-Chief when he started eastward that morning, thereby conferring command upon Schley and the naval regulations are cited at length on this point. It Is asserted that the New York did not reach the scene of the last surrender of Spanish ships until one hour and thirteen minutes after the battle ended and that at 935 on the morning of July 3. the New York was out of sight of every ship of the block ading squadron but one, making 1t inn possible for her to communicate with any of them.
 Counsel also cites Secretary Long S