The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-02-08
SIMPSONS PROTEST
lie Wants 10 Be Heard on Admiral
SchIey'S Appeal 10 Roosevelt
SAYS HE WAS INCOMMAND
People on the Oregon Saw the Signals
on the New York.
THERE WAS A PLAN OF BATTLE
Says Schley Was the Only One Who Did
not Follow Ii
TIE FAMOUS LOOP THE OCCASION
His Attorneys Say that They Are Fully
Prepared to Prove All Their Ale
cations and Statements.
THERE WAS A PLAN OF BATTLE
Says Schley Was the Only One Who Did
not Follow Ii
lie FAMOUS LOOP THE OCCASION

Washington February 7-E s. Thean
representing Slaytou, Campbell & Thcal
| counsel for Rear Admiral Sampson, today
filed the following brief with President
Roosevelt protesting against the claims set
mp In Admiral Schlcy's appeal that he was
in supreme command during the battle Of
Santiago:
Zion. Theodore Roosevelt President OF the
United States
Thirty. Broad Street. New York city
February &, 1902 Sir: We beg leave as
attorneys for Rear Admiral w r. sampson,
and on his behalf. to submit the following
statement in connection with the position
of Hoar Admiral w s. Schley asking relief
from his condemnation AS reported by a
court of inquiry ANA approved by the secre
tary OF the navy
No argument will he submitted as to
the volunteered opinion or the presiding
member Of the court upon the question Of
command Mt santiago We repeatedly APP
piled for an opportunity to present evil
dencc upon this point and our request was
as often refused. and we are confident that
an attempt 20 pronounce an adverse iudg-
mcnt where q hearing has been denied is
SO plain violation Of simple good faith
that 1t has no chance Of receiving your APP
proval We were ready then and are still
ready to produce much evidence which was
not offered before the court on this ques-
ton We--aft------, ft-sr-.e,i to- show that ;he
statement that the New York, at the be
ginning Of the battle was out of sight
Of each and every ship Of the bockadng
squadron but one is Inaccurate.
I'VE are ready to show that under the
navy regulations and the Judicial intcrpre-
tatous, Rear Admiral Simpson was, during
the battle in command OF every single yes
sci In the American line, There is album
/ dance OF testimony available to show that,
| from Tho beginning Of the hattie, every
| American vessel at Santiago was in sight
! Of the New York. There is evidence at
hand o show that whenever the command,
! err in chief left the bockadng line In front
of Santiago he bosted the signal 'dlsIe-
! gard movements of commander In cher
Proceeded to that point where under the
regulations his Immediate command Of the
squadron ceased and then signaled TO the
next IN rank to take command. aud that
on the morning Of July the commander
in chief had given Instructions to have
ready for holstiug the signal directing Com
modore Schley to assume commands that
this signal was to be hoisted when, under
the regulations the appropriate moment
arrived; that that moment had not ar
rived. and that such signal had not been
holstcd when the Spanish vessels endcoy-
orcd To escape from the harbor
prom the Oregon. too there is available
evidence to show that, when the frst shot
was fired the quartcrmaster OF the Orc
gon. using The long glass, could, from tho
position Of that vessel, near the center
of the lire, read the New Iork's battle
signals then flying,
IAN this evidence was ready to be pre-
scented to the court of inquiry, and 1t f
ready to be presented o you. 1t was moi
admitted before the court because it re
fused to go into the question OF command
Rear Admiral sampson has never objected
and does not now object TO any inquiry
To determine the question OF command
He has, however, reported that he was II
command at that battle. As commander
in chief he has made his recommendation:
concerning the promotions. He has beer
recognized by the executive and Judicial
departments OF the government being
in command, and he asks that when the
accuracy of bis reports Is questioned h,
be al least permitted TO hear the evidence
IN opposition and to permit bis brother
officers TO come forward with the tcsti
mony they are ready to give in his behalf
"There rs further an abundance OF cyt
dcnce available Go establish the fact thai
what the applicant now calls the complete
aud total failure Of the prearransed order
Of battle was due 10 nj, own disObedienct
of orders OF the commander in chief
These orders were 10 close in and to hold
the enemy nj the harbors mouth Com
uodore Schley 80 understood the orders
He hoisted the very signal. Yet when nt
saw The enemy approaching that part Of
the line guarded by his own vessel h'
lopped. He withdrew from the battle for
nation. left q hole In the line, interferet
with the Texas, which would have stopped
the gap and caused her TO back, thereby
giving 70 the enemy the double opportunity
of which they awaited themSelyes--to es
cane through The interval Ire had made
I'VE have no desire to prolong the con
troyersy. We only ask that before there
shall be finding adverse TO Admira
sampson either By the president, the courts
or the navy department. that he be giyeI
the opportunity which has been given L
Admiral schley, 70 furnish such evidence
as may make both sides OF the matter
clear Very respectfully,
"Slayton & Campbell,
IL s. Theall
.Connse for Rear Admiral W 7 samp
' S9n nresi8ept viii consider the BRIEF II
,nnecfion with Admiral Scbley's appea
ana the navy departments comment
president RnoseVelts decision an tn
schicy ease viii not he made puOlle unti
sta- Ma raturn from Charleston.