The age-herald., 1902-02-08
Anxious to Take Up Question of Command and Have
 Evidence Ready
SAY SCHLEYS D|SOBEO|EECE
 CAUSED PLANS ID M|SCARRY
Charge Him With Breaking Line of Battle In Face of the Enemy and Making. Loop, Aiding
 the Escape.

Washington February 7.-E. S. Theall, representing Stayton and Campbell and Theall counsel for Rear Admiral Samp- son today filed the following brief. Pres ldent Roosevelt protesting against the claim in Admiral Schley's appeal that he was in supreme command during the bat tie off Santiago.
 Thirty, Broad Street.
 New York City, February 6, 1902. 'Hon Theodore Roosevelt, President of the United States:
 Sir: We beg leave as attorneys for Rear Admiral w. T. Sampson and on his behalf to submit the following state ment in connection with the position of Rear Admiral w. S. Schley asking for relief for his condemnation as reported by a court of inquiry and approved by the Secretary of the Navy.
 "No argument will be submitted as to the volunteered opinion of the presiding member of the court upon the question of command at Santiago. We repeatedly 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 pro- nounce an adverse judgment where hearing has been denied is so plain violation of the simple good faith that 1t has no chance of receiving your ap- proval We were ready then and are still ready to produce much evidence which was not offered before the court on this question. We are prepared to show that the statement that the New York at the beginning of the battle was out of sight of each and every ship of the blockading squadron but one is inaccurate.
 Sampson In Command.
 We are ready to show that under the navy regulations and the judicial inter pretations Rear Admiral Sampson was during the battle in command of every single vessel in the American line. There Is abundance of testimony available to show that from the beginning of the bat tie every American vessel at Santiago was in sight of the New York There is evidence at hand to show that whenever the commander-ir- chief left the block ading line in front of Santiago he hoisted the signal Disregard movements of com mander in-chief. proceeded to that point where under the regulations his imme- 6iate command of the squadron seased and then signeled to the next in rank to take command and that on the morning of July 3 the commanders -in-chief had given instructions to have ready for hoisting the signal directing Commodore Schley to assume command: that this signal was to be hoisted when under the regulations the appropriate moment ar rived; that that moment had not arrived and such signal had not been hoisted when the enemy endeavored to escape from the harbor.
 t.'From the Oregon too. there is avail able evidence to show that when the first shot was fired the quartermaster of the Oregon. using the long glass, could from ,.f4 41z,t fAA ter of the line read the New Yorks bet tie signals then flying.
 Evidence Was Not Admitted.
 'iAll this evidence was ready to be pre- yented to the court of inquiry and 1t was ready to be presented to you It was not admitted before the court because it re- fused to go into the question of com mand Rear Admiral Sampson has not objected and docs not now object to any Inquiry 10 determine the question of com mand. He has however, reported that he was in command of that battle. As commander -in-chief he has made his recommendations regarding the promo tions He has been recognized by the executive and judicial departments as being 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
 
 ward with the testimony they are ready to give in his behalf.
 There is still further an abundance of evidence available to establish the fact that what the applicant now calls the complete and total failure of the pre-ar- ranged order of battle was due wholly to his disobedience of his orders from the comma nder-in-ch These orders were to close in and to hold the enemy Rt the harbor's mouth. Commodore schley so understood the orders. He hoist ed the very signal; yet when he saw the enemy approaching that part of the line guarded by his own vessel he looped
 SchIey Made a Loop.
 .rHe wit ndrew from the battle, forma- ticn left a hole in the line, interferred with the Texas, whi ch would have stopped the gap, and caused her to back. thereby giving to the enemy the double opportunity of which they availed them solved to escape through the opening he had made
 eve have no desire to prolong this con troversy We only ask that before there shall be a finding adverse to Admiral Sampson either by the President the courts or the navy department that he be given the opportunity which was given to Admiral Schley to furnish such evil dence to make both sides of the matter clear Very respectfully.
 "STAYTON & CAMPBELL AND E. S.
 THEALL,
 "Counsel for Real Admiral W. T. Samp- son."
 The President will consider the brief in connection with Admiral Schleys appeal and the navy department comment" President Roosevelt's decision in the Schley case will not be made public until after his return from Charleston.
 
 schley Says Nothing.
 Salisbury. N. C., February 7.-Admiral Schley who passed through here tonight over the Southern for Washington was .nn-aisad of the fact that counael for