Evening star., 1902-01-29
Alleged Withdrawal at Night.


The second ground relates to the alleged
withdrawal OF the squadron at night from
Santiago bay and the character Of the
blockade, and the propriety Of Commodore
schley's conduct in the premises, and was
one of the points upon which Admiral
Dewey specifically dissented. The petition
recites the findings of the court to the ef-
feet that the flying squadron did not with
draw at night, and declares that. by this
statement, the court obviated the necessity
Of expressing its opinion on that particular
point. The petition says:
1T appears from the report Of the said
court that while the court found the perth
nent facts of the blockade Of Santiago har-
bor to be as stated, the concurring MEM
bers thereof. in the statement of their
opinion, which statement they were as has
been hereinbefore shown obligated to make
have failed utterly and entirely to report
their opinion upon the question Of whether
or not a close or adequate blockade Of said
harbor to prevent the escape of the enemys
vessels therefrom was established and tne
propriety OF Commodore Schley's conduct in
the premises as Is by said eighth specii-
cation required"
1t Is declared that under this specificat tion
the eighth-more than majority of all
the witnesses was examined, and about
one-th1rd OF the whole period of the in
quiry was consumed in its consideration.
yet notwithstanding the facts herein set
forth, all of which appear upon the record
of said court. the concurring members
thereof have failed utterly and entirely to
discharge the most important duty imposed
upon them by the terms of the said specifi-
cation. which duty was to report their opin-
ion upon the questions of whether or not a
close OF adequate blockade of said tarbor
TO prevent the escape of the enemy's yes-
seis tnerefrom was established and the pro-
the premises"
Therefore Admiral Schley asks the Pres
Ident OF annul the Secretary's Endorsement
which makes valid the failure of the ma
Jority members thereof to report their
opinion upon that portion Of the said eighth
sPeclncatlon. And 1t is also asked that
there be substituted therefor Admiral Dew
eys holding The blockade Of Santiago was
effective" Otherwise the petitioner de-
clares that he will be without finding or
opinion upon one Of the most imporfant
specifications OF the precept.
From Key West to Santiago.
The third ground recites Admiral Dew
ey'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 OF Cienfuegos with sufficient coal.
that the blockade OF Cienfuegcs was effect
i've; that the Adula was permitted to gain
information; and finally that the passage
from Cienfuegos to point or Santiago
was made with as much dispatch as pos
s1bie, while keeping the squadron a unit,
The petition declares that this opinion.
while at variance in certain points with the
majority opinion, Is the only one Justified
by the evidence and facts before court.
and It IL asked that the Secretary.s an.
proyal of the majority 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 an.
proved for reasons heretofore set out in
the bill OF exceptions filed with the secre-
tary OF the Navy. 1t Is also asked that the
President annul that portion OF Secretarv
Longs Endorsement which states '.As to
points on which the presiding member DIFF
fers from the opinion OF the majority of
the court, the opinion of the majority is
approved" and that in place he substitute
and approve the declaration of Admiral
Dewey on the points above referred To-
connected with the blockade of CienfIIeros
and the passage from Key West to Cien-
fuegos and thence to Santiago. The petit
ion concludes:
"And your petitioner most respectfully
states that only by the action for
which he prays in this relation can exact
justice be done him, within the content
Dla ton of the nrecaDf rrr,dor ..-,,.