Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-31
NAVY COMMENT
ON SCHLEy APPEAL
Alleged that Admiral and Counse
Have Shifted Ground,
He WAS NOT In COMMAND.
on the whole Report IL Very Hostile
Did Not Control Operations Of
fleet July 8, isosss

--------
New York, Jan. 30 --The ? bmmontl
Ct Judge Advocate Gener nemly and
Solicitor Hanna upon th,y appeal OF Nd
miral schley as submitt6dto the Pfesl-
dent By Gecy Long ia less than third
as long as the appeal itself, a fact ac-
counted for by the comparatively few
quotations from the courts finding In
the case Of the comment The COM
inentators begin with the statement
that Admiral schley and his counsel
have shifted their ground, They say
the chief features of the case were the
"relrograde movement "dlsobedIenc
Of orders inaccurate and misleading
citclal reports" failure to destroy
vessels Of che enemy lying within
sight ana injustice to a brother Of
tccr' These matters are all grave.
FEATURES or CASE,
The first was that the finest aggre-
cation OF American naval vessels I'm"
der one command was, by Schleys dl-
lection, turned about and headed for
Key West, more than 700 miles distant
when within twenty-five miles OF SAN
ti0go, where the cnemy's ships were.
The second was that Schley deliber-
utely and knowingly disobeyed the Sec
retary'S order overtaking him in his
ittrograde movement The third was
that Schleys reason, officially given,
for the reuogfade movement and dis
obedience of orders, !, g., that the
tying squadron was short Of coal" was
not ture The fourth was that for four
days the Spanish ships lay within reach
of the dying squadron and no sufficient
effort was made to destroy them, The
iifth involves the point Of honor. The
commentators say,
"t'pOn all the above named features,
believed by us 10 be the most Import
ant II not the only really important
matters into which the court made
inquiry, the conduct OF Admiral Schley
was condemned by that most dlstin'
Ruished tribunal Admiral Dewey and
Rear AdmTals Benham and Ramsay
unite in their findings and opinion up
ON all these several points and they
unity also in the significant recon-
mendation that no further proceedings
be had IN view of the length of time
which has elapsed since the occurrence
Of the events Of the battle of Santl-
ago,
WHAT SCHLEY IGNORES.
The commentators charge that Ad-
miral Schley now ignores all these
grave matters and bases his appeal
upon unimportant features Of the case,
as Compared with the grave matters
referred to, upon which there was not,
and in face OF the testimony, could not
have been any difference OF opinion In
the court
The cOmmentors say they recognize
the fact that Admiral Schley devoted
by far the larger part of his appeal to
the question Of command and conse-
quently give that question a proper
Tomato space in their comment They
declare that the question is between
Sampson and Schley, both alike are in
terested and to investigate IL fairly
both should be heard, Such incidental
testimony on this point. as came before
the court was on Schley's side only and
the details were entirely closed TO
Sampson, They say;
ITO determine an important ques-
ton Of this nature under such condi-
lions is contrary to the underlying
principles OF Anglo-SaXon justice
Nevertheless Il Is precisely what the
appeal asks the President to do
PRECEPT WAS BROAD.
1t Is admitted that the precept was
broad enough to have permitted the
court to 20 into this question, but Il Is
recalled that though the Judge adyo-
cate expressed Il willingness to enter
upon il the court did not deem II neces-
sary or proper 20 do so. The judge
advocate. they say, might have shown
that II was Admiral SIMPSONS plan Of
night blockade that forced CerVera TO
come out in the daylight, and Capt
Clark Is quoted IN his testimony 10 the
effect that the American ships charged
according To the original plan, To sink
the enemy in the channel" and that
that plan failed because the enemy
succeeded really In passing the battle
line"
They ask why did the enemy sue.
ceed2 And declare, the Brooklyn hay-
ing abandoned her position on the left
OF the line, thereby left an unguarded
opening along the western shore,
through which the Spanish fleet passed
our ships and attempted 10 escape"
The courts opinion is quoted that the
Brooklyn lost distance In position by
1.-THE loop and delayed the Texas" To
sustain their contention that Sampson
was in command the commentors quote
passages from Schleys report Of July
6. 1898.
QUESTION OF CONTROL.
The commentators next state: "lf
Commodore Schley We're In absolute
command during the battle, and II he
had made any use Of his authority. he
must have exercised some control over
some Of the vessels participating.
A,-hnrol,,. ihn,. IN N. I'm In aninn IT, lnu-