Evening star., 1902-01-29
Admiral Sohley Wants Findings Of
Court Reviewed.
PETITION PRESENTED BY COUNSEL
Copious Extracts of Testimony at
Recent Inquiry.
GROUNDS FOR REVERSAL

Inc navy department mas mace PUBIC
Admiral Schley's appeal, delivered to the
President about a week ago. The depart
ment's comment" will be published in a
day or two.
Admiral schley appeals to the President
as the chief executive and commander-in-
chief Of the army and navy, vested with
power to regulate and direct the acts Of the
several executive officers thereof" and he
asks that the President review the findings
Of the court. He asks this on three
grounds. in each basing his appeal upon
the findings Of Admiral Dewey. as opposed
to the majority report. These three grounds
are set out compendiously in the petition.
which fills about eight printed pages Of a
pamphlet and is signed by Admiral Schley
and by Messrs. Rayner. Parker and league
Of his counsel. Attached to the petition
are three exhibits, "A" "B" and &C." each
made up Of copious extracts from the tes-
timony taken by the court of inquiry to
confirm the statements of fact made in the
petition itself.
Commander on July 8, 1898.
In this latter document the first ground
Of appeal Is against the holding Of Secre-
tary Long, in his Endorsement on the
courts findings, that 1.-The conduct of the
court in making no finding, and rendering
no opinion on those questions that Of COM
mand, and Of credit for the victory, is ap-
proved-indeed, it could, with propriety,
take no other course, evidence on these
questions during the inquiry having been
excluded by the court" On this point the
petition says that the Secretary of the
Navy was in error in stating that the court
excluded testimony to show that, as Ad-
miral Dewey said:
Commodore Schley was the senior officer
Of our squa ron off Santiago when the
the morning of ally 3, 1893. He was in abb
solute command, and Is entitled to the
credit due to such commanding officer for
the glorious victory which resulted in the
total destruction Of the Spanish ships"
On this point the petition says:
And your petitioner, the applicant be-
fore said court Of inquiry, now files with
this petition an argument, together with
resume of the testimony taken during the
inquiry In so far as 1t relates to the queS-
tion as to who was in command at the bat
tie of Santiago, In support of his plea that
the presiding member Of the said court act
ed within his authority and jurisdiction in
reporting his opinion as hereinbefore set
forth, and that the majority members of
the said court failed in the discharge Of
most important duty devolving upon them
under the precept. in that they did not re-
port their opinion upon the said question;
members to consider and determine the
said question for the reason that only by,
so doing could they determine the propriety
of the conduct Of the said Schley in said bat
tie, since, 1t being a fact that he did assume
command Of the American forces therein
engaged, his action would, in the absence
Of the right and duty SO to do, have been
highly censurable, and upon the questions
of such right and duty and the propriety
of his conduct in the premises the said
Schley was entitled, under the precept, to
a finding and an opinion from the majority
members as well as from the minority
~ fha. ~of n,,rfs ,oa v>xSkf
toner respectfully requests that the said
argument and resume of testimony (Which
are attached hereto and marked Exhibit
A'O be considered as part of his petition
and as the basis for his prayer for relief
in the premises
Therefore the petitioner asks the Presi-
dent to annu1 Secretary Longs Endorsement
on this point. and that he specifically ap-
prove OF Admiral Dewey's statement on
that point aobve referred to, declaring that
Schley was in command at the battle of
Santiago He says that only in this way
can exact justice be done under the pre-
cept.