The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-02-11

which They Combat the Statements
Set out in the Appeal OF schIey.
Washington, February 7.-E. 5.
Theall. representing Stayton and Camp
bell and Theall, counsel for Rear Admi-
raj Sampson, today filed the following
brief with President Roosevelt. protest.
ing against the claim set up in Admiral
Schley's appeal that he was In supreme
command during the battle. on San
tiago:
mo will be submitted as to
the volunteered opinion of the presiding
emb of the court upon n question
of command at Santiago. We repeated
ly applied for an opportunity to present
evidence 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 a
violation of simple good faith that II
has no chance Of receiving your ap-
prevail. We were ready then, n are
still ready, to preduce much evidence
which has been offered before the court
of inquiry on this question. We are
prepared to how hat the statement
that the New York at the beginning of
the battle was out of sight or each and
every ship of the blockading squadron
but one is inaccurate.
1--WE are ready to show that under
the navy regulations n the judicial
interpretations thereof Rear Admira
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 chief
left the blockading line in front of San
tiago. he hoisted the signal: Disregard
movements OF commander -in-chief,
proceeded to hat point where. under
the regulations, his immediate COM
mand of the squadron ceased and then
signaled the next in rank to take com
mand; and hat on the morning OF July
srd the commander-in-chief had given
Instructions to have ready for hosting
the signal directing Schley to as
sumo command: n that this signal
was to be hoisted when under the regu-
lations the appropriate moment ar
rived, that that moment had not arriv-
ed, and that such signal had not been
hoisted when the enemy endeavored to
escape from the harbOr.
From the Oregon too, there is avail
able evidence to show that when the
first shot was fired the qu~artermaster
Of the oregon. using a long glass. could.
from the position of that vessel near
the centre of the line. read the New
York's battle signal hen flying.
A this evidence was ready to be
nrnzpnfoA tn tha court nf innIlirV and
it is ready to be presented to you. 1t
was not admitted before the court be-
cause 1t refused to go into the question
of command. Rear Admiral Sampson
has never objected, and does now now
object, to any inquiry to determine the
question of command. He has, how
ever, reported that he vas in command
at that battle. AS cOmmander-in-chief
he has made his recommendations con-
corning the promotions. He has been
recognized by the executive and judicial
departments of the government as he
ing In command. and he asks that
when the accuracy of his reports is
questioned, he 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
There is, further, an abundance of
evidence available to establish the fact
that what the applicant now calls the
complete and total failure of the pre-
arranged order of battle was due
wholly to his own d~isobedience of the
orders OF the commander-in-chief
These orders were to 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 approach
ing hat paSt of the line guarded by
his own vessel, he looped. He with
drew from the battle formation, left a
hole in the line, interfered with the
Texas which would have stopped the
gap. n causad her to back, thereby
giving to the enemy the double oppor-
tuntty OF which, they awaited themselves
to escape through the interval he had
made.
w have DO desire to prolong this
controversy. We only ask that before
there shall he a finding adverse to Ad-
miral. Sampson either by the president.
the courts, or the navy department,
hat he be given the opportunity which
has been given TO Admiral Schley to
present such evidence as may make
both sides of the matter clear"
The president VIII consider the brief
In connection with Admiral Schley's ap-
peal and the navy departments COM
ment-" His decision in the Schley cas-
will not be made public 1intil after his
return from Charleston
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