The Washington times., 1902-02-08
Brief Filed With President
in His Behalf.
REiDY TO GIVE MUCH EVIDENCE
Deny That New York Was
Out of Sight.
TOLD OF RETIREMENT
Secretary Long Sends Official COM
municntion, Quoting the Letter of
President Mckinley Written to the
Admiral in IS93-ln Critical Con-
dition.

Admiral in IS99-ln Critical Con-
dition.
brief in behalf of Rear Admiral Will
liam 4. Sampson was filed with President
Roosevelt yesterday by Mr.. E. S. Theall
representing the law firm of Messrs. Stay
ton Campbell, counsel for Admiral
Sampson.
The claim is made by his attorneys that
Admiral Sampson was in command at the
battle of Santiago, in that he was within
signaling distance when Cervera's fleet
was destroyed, and they petition the
President to sustain the majority report
of the Court OF Enquiry.
No Decision for Several Days.
The President has come to the conclu-
sion that he will not be able to finish his
review of Admiral Schley's case for sew
eral days. and it is doubtful if he will be
ready to announce his decision before his
departure for Charleston next Tuesday
He will be away from Washington until
Thursday, February IS.
Mr.. Roosevelt was still engaged in Sc
curing the sentiments of naval officers
concerning Admiral Schley's alleged mis-
conduct in the West Indian naval cam
paign and on the question of the supreme
command at Santiago on the day of the
naval battle.
Hears Admiral WATSON
Among those with whom he has talked
is Rear Admiral John c. Watson, who is
conspicuous among naval officers as being
a Schley partisan.
In the war with Spain Admiral Watson,
then a commodore, was given a squadron
command under Admiral Sampson, then
actually captain, but serving under his
commission as acting rear admiral
Text of the Sampson Brief.
The text of Admiral SIMPSONS brief
follows:
80 Broad Street, New York City,
February 6, 1902
'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 connection with the petition of Rear
Admiral W S Schley asking relief fror,
his condemnation as reported by a Court
OF Enquiry, and approved by the Secretary
OF the Navy.
mo argument ~Hill be submitted as to
the volunteered opinion of the presiding
member of the court upon the question of
Command at Santiago. We repeatedly ap-
piled for an opportunity to present evi-
dence upon this point to the court, and
our request was as often refused and we
are confident that an attempt TO pronounce
an adverse judgment where a hearing has
been denied is SO plain violation of
simple good faith that ii mas no chance of
receiving your approval. We we're ready
then and Stil1 rpady n nrnbIjca h.
evidence which was not offered before the
court on this question. We are prepared
tc show that the statement that the New
York at the beginning OF the battle. was
out of sight of each and every ship of the
blockading squadron, but one is inac-
curatc.
In Command of Every Vessel.
We are ready TO show that under the
navy regulations and the judicial inter-
pretations thereof Rear Admiral Samp-
son was, during the battle in command
of every single vessel in the American
line.
There is abundance of testimony avail
able to show that from the beginning
OF the battle every American 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 chief left the blockading
line in front of Santiago. he hoisted the
signal, Disregard movements of COM
lnander-in- chief proceeded TO that point
where, under the regulations. his imme-
diate command of the squadron ceased
and then gignaled TO the next in rank TO
take command; and that on the morning
OF July the comnander-in- chief had
given instructions to have ready for
hosting the signal directing Commodore
Schley to assume command: that this sig
nal WAS TO be hoisted when, under the
regulations q
rived: that that moment had not arrived
end that such signal had not been hoisted
when the enemy endeayored TO escape
from the harbor.
Battle Signals Fly ing.
From the Oregon, too. there is available
evidence 20 show that when The first shot
was fired the quartermasjer Of the Oregon,
using the long glass, could, from the po-
sition Of that vessel near the centre of
;he line, read the New Tork's battle sig
nails then flying
'All the evidence was ready 10 be ore
scented to the Court OF Enquiry. and / l.
ready 10 De presented 10 YOU. Ii was not
admitted before the court because IL re-
fused 10 20 into the question Of command
Rear Admiral Sampson has never OBJ
Jected, a>d does not now object, to any
enquiry - determine the question of com
maad. He has however. reported that
he was in command at that battle. As
comnander-in- chief he has made his rec
ommeEdations concerning the promotions
He has been recognized by the executive
and judicial departments OF the Govern
,nent as being in command and he asks
that when The accuracy Of his reports IS
questioned ne be at least permitted to
hear the evidence in opposition and to
permit his brother officers to come for
ward with the testimony they are ready
TO give in his behalf.
SchIc3-s DisObcdicncc of Orders.
There is. further, an abundance of eyi-
deace 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 to his
own disobedience OF the orders of the
commander-i chief. These orders were
10 close in and to hold the enemy at the |
harbor's mouth. Commodore Schley so
understood the orders. He hoisted that
very signal. Yet when he saw the enemy
approaching hat part of the line guarded
by his own vessel he looped He with |
drew from The battle formation, left a
- in the line. interfered with the |
rh would have stopped the |