The age-herald., 1902-01-30
Asks for Reversal of Findings Three Grounds Easing Each on Opinion Rendered by Admiral Dewey ooprety of Con- duct depended on Who Was Senior Officer.

mand. He says that only this way can exact justice be done him under the precept. --v--
 As to the Withdrawal.
 The second ground relates to the al- legged withdrawal of the separation at night from Santiago bay and the char acter of the blockade and the propriety of Commodore Schley's conduct in the premises. This was one of the points upon which Admiral Dewey specifcal- ly dissented The petition recites the findings of the court to the effect that the flying squadron did not withdraw at night and declares that by this state ment. the court obviated the necessity of expressing its opinion as to whether or not a close or adequate blockade was established and the propriety of Obmmo- dore Schley's conduct in the premises It is declared that under this specification the eight-more than majority of all the witnesses were examined and about one-third of the whole period of tho inquiry was consumed in it's considera- ton, yet. notwithstanding the facts herein sdt forth, all of which appear up- on the record of the said court. the mem bers thereof have failed utterly and entirely to discharge the most import ant duty imposed upon them by the terms of the said specification. which
  questions of wherether or not a close or adequate blockade of said harbor to pre- vent the escape of the enemy's vessels therefrom. was established and the pro- priety of Commodore Schley's conduct in the premises"
 Therefore Admiral Schley asks the President to annul the secretary's en- dorsement which makes valid the sail- ure of the majority members thereof to report their opinion upon the portion of the said eighth specification. And 1t is also asked that there be substituted therefor Admiral Dewey's holding, The blockade of Santiago was effective' otherwise the petitioner declares he will be without a finding or opinion upon one of the most important specifca- tons.
 Dewey's Opinion Recited.
 The third ground recites Admiral Dewey's opinion to the effect: that the passage from Key West to Cienfuegos was made by the flying squadron with all possible dispatch having in view the importance of arriving off Cienfuegos with sufficient coal that the blockade of Cienfuegos was effective; that the Adula was permitted to gain information and finally that the passage from Cienfue- gos to a point off Santiago was made with as much dispatch as possible. while keeping the squadron unit. The peti- ton declares that this opinion. being at variance in certain points with the ma- jority opinion, is the only one Justified by the evidence and facts before the court and 1t is asked that the secretary's approval of the ma ajority findings be set aside and annulled in each instance where it Is at variance with Admiral Dewey's opinion. and that the latter's opinion should be approved for the req sons heretofore set out in the bill of ex- captions filed with the Secretary of the Navy. It is also asked that the President annul that pq lion of Secretary Long's endorsement Which states ''as to points on which the presiding member differs from the opinion of the majority of the court. the opinion of the majority Is ap- proved" and that in place he substitute and approve the declaration of Admiral Dewey on these points above referred to. connected with the passage from Key West to Cienfuegos and thence to San- tiago. The petition concludes:
 And your petitioner most respectfully