The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-31
ASSERT THAT SCHLEY.
HAS SH|FT TED
GROUND,
Lemley and Hanna Com
ment" on the Admi-
RAILS Appeal.
CHIEF FEATURES OF CASE
They Name What They Consider Such
and Say schley Ignores
Them
APPEALS ON FEATURES FAR LESS GRAVE
----------~-------
As 10 the Question Of Who Was in Command,
They Quote Dispatch From SchIey
TO Show That il Was
SamDson,
APPEALS ON FEATURES FAR LESS GRAVE
lBy the Associated Press

Warrington, Jan. 30.-The comment
of Judge Advocate General Lemly and
Solicitor Hanna upon the appeal of Ad
lni@al Scnley, as submitted 10 the Presi
dent by Secretary Long, begins withli he
statement that Admiral Schley and his
counsel have shifted their ground. They
say the chief features of the case were
1.-The retrograde movement" ''disobedi-
ence of orders" inaccurate and mis-
leading official reports failure TO de-
stroy vessels of the enemy lying within
sight" and injustice to a brother Off
Ger" These matters are all grave. Phe
first was that the finest aggregation of
American naval vessels under one com
mand, by Schley's direction, turned
about and headed for Key West, more
than 700 miles distant when within
twenty-five miles of Santiago, where the
enemy's ships were The second was
that Sehley deliberately and knowingly
dsobeyed the Secretarys order over
taking him in his retrograde movem ent.
The third was that Schley's reason, Off
cially given for the retrograde move
ment and disobedience of orders, i. e.
that the Flying Squadron was shorg of
coal" was not true. The fourth was
that for three days some of the Spanish
ships lay within reach of the Flying
Squadron, and no sufficient effort was
made to destroy them. The fifth involves
the point of honor The commentators
say
Upon all the above named features
beliebed by US to be the most important,
if not the only really important mat
ters, into which the court made inquiry.
the conduct of Admiral Schley was con-
iemned by that most distinguished trib
unaL Admiral Dewey and Rear Admirals
Benham and Ramsay united their ind-
inss and opinion upon all of these sew
era points"
The Commentators charge that Admiral
Schiey now ignores all these grave mat
ters and bases his appeal upon relative
ly unimportant features of the case.
The commentators say they recognize
the fact that Admiral Schley devoted
by far the larger part of his appeal to
tho question of command, and conse
quent!y give that question q proportion
ate space in their comment. They de-
clare that the question is between Samp-
son and Schley both alike Interested
and TO investigate it fairly both should
be heard.
1T is admitted that the precept was
broad enough to have permitted the court
TO &C into the question: but it is recalled
that. although the Judge Advocate ex-
pressed a willingness TO enter upon it.
the court did not deem it necessary or
proper TO do So The Judge Advocate
they say might have shown that il was
Admiral Simpsons plan of night block
ade that forced Ceryera to come out IN
the daylight, and Captain Clark is quoted
10 support that statement.
They quote Admiral Schley in his tes-
timony to the effect that the American
ships charged in acting to the original
plan to sink the enemy in the channel
and that that plan failed because the
enemy succeeded readily in passing the
battle line.
They ak why did the enemy succeed,
and declare 1.-The Brooklyn, having aban-
doned 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 at
tempted to escape.
The courts opinion is quoted to the
effect that the Brooklyn lost distance in
position by the loop and delayed the
Texas To sustain their contention thae
Sampson was in command, the CONNER
tators quote from Schleys report of July
6, 1898 as follows:
THE dense smoke of the combat shut
out from my view the Indiana and the
gloucester, but as these vessel We're
closer to your flagship no doubt their
part in the conflict was under your i'm
mediate observation
They remark:
Nobody has ever disputed Grants
title to the victory at Appomattox.
though then lying sick some miles from
the place of surrender so lar chat it was
feared Re could not be reached w;;hin
he period of armistice. Though Howard
was senlor officer present at the capture
or Savannah and Sherman absent on one
OF Admiral Dahlgren's gunboats, nobody