Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-01-30

determine the propriety OF the con-
duct of the said Schley in said battle
since, it being a fact that he did as
sumo command of the American
forces therein engaged, his action
would, in the absence of the right and
duty so to do, have been highly cen
surable, and upon the questions of
such right and duty and the propriety
of his conduct in the premises the
said Schley was entitled, under the
precept, to finding and an opinion
from the majority members as well
as from the minority members of the
said court; and your petitioner re-
specially requests that the said
argument and resume of testimony
(Which are attached hereto and mark
ed exhibit Az be considered as part
of his petition and as the basis for his
prayer for relief in the premises"
Asks AnnuIlment of Longs lndorse-
ment.
Therefore the petitioner asks the
President to annul Secretary Longs
endorsement on this point. and that he
specifically approve Admiral Dewey's
statement declaring that Schley was
in command. He says that only in this
way can exact justice be done him I'M
der the precept.
Withdrawal of Squadron.
The second ground relates to the
alleged withdrawal of the squadron at
night from Santiago bay and the char
acter of the blockade, and the propri-
ETY. of Commodore Schley's conduct in
the premises. This was one of the
points upon which Admiral Dewey
specifically dissented. The petition re-
cites the findings of the court to the
effect that the Flying Squadron did
not withdraw at night and declares
that by this statement, the court OBJ
waited the necessity of expressing its
opinion as to whether or not close or
adequate blockade was established,
and the propriety of Commodore
Schley's conduct in the premises. 1t
is declared that under this specifica-
tion-the eighth-more than major
ity of all the witnesses We're examln-
ed, and about one-third of the whole
period of the inquiry was consumed in
its consideration, yet Notwithstanding
the facts herein set forth, all of which
appear upon the record of the said
court, the concurring members there
of have failed utterly and entirely to
discharge the most important duty i'm
posed upon them by the terms of the
said specification, which duty was to
report their opinion upon the ques.
tions of whether or not a close or ade.
quate blockade of said harbor to pre-.
vent the escape of the enemy's vessels
| the reform was established and the
propriety of Commodore Schley's con-
duct in the premises.
Therefore Admiral Schley asks the
President to annul the secretary's en-
dorsement which makes valid the
failure of the majority members there
of to report their opinion upon thai
portion of the said eighth speciflca
ton" And it is also asked that there
be substituted therefor Admiral Dew
ey's holding "the blockade of Santi
ago was effective" Otherwise the pc
titioner declares that he will be with
out finding or opinion upon one O
the most important specifications.
Third Ground.
The third ground recites Admira
Dewey's opinion to the effect that
The passage from Key West to Cier
fuegos was made by the Flying Squad
ron with all possible dispatch, havin
in view the Importance Of arriving Of
Cienfuegos with sufficient coal; tina
the blockade of Cienfuegos was effec'
i've: that the Adula was permitted t
gain information; and finally that tn
passage from Cienfuegos to point Of
Santiago was made with as much di:
, patch as possible, while keeping tn
squadron a unit The petition d.
clares that this opinion, being at var
ance in certain points with the majo
ity opinion, is the only one justified b
! the evidence and facts before tn
court, and it is asked that the secret:
RVS approval of the majority finding
be set aside and annulled in each il
stance where it is at variance wit
) Admiral Dewey's opinion and that th
latter's opinion should be approved IL
/. the reasons heretofore set out in til
t bill of exceptions filed with the seer
S tary of the navy 1t is also asked tn;
}, the President annul that portion
l. Secretary Longs endorsement whic
d states "as to points on which the pr
n siding member differs from the OPT
) ion of the majority Of the court, Il
v opinion of the majority is approved
n and that in place he substitute and a
l. prove the declaration of Admiral De
e. ey on these points above referred
ir connected with the passage from H
1t West to Cienfuegos and thence to Sa
tiago. The petition concludes:
"And your petitioner most respe'
9 fully states that only by the action t
"a which he prays in this relation can G
ri act justice be done him within t
n contemplation of the precept llnd
N which the said court sat and whence
d derived its authority.
b Gail of which is most respectful
q submitted"
n Question of Command.
n AS to the general obligation on t
IA court to determine the question
n command, the counsel declares til
"a they should have done so because:
b "The question has never been CT
VI sidered and determined by body
III competent Jurisdiction having befc
n it all the facts and all the parties
IA terested.
u 90 That doubt existing as