The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-29
LAST STAND 4. u
OF SCHLEY
Text of the Admiral's Appeal
to the President.
"A PLEA FOR JUSTICE
Unfairness of the Courts Majority
~ Opinion Demonstrated.
DEwEY's VIEW THE RIGHT ONE
Every Point In the PrOtracted Con-
trOversy Emphasized With
New Arguments.
A PLEA FOR JUSTICE
DEWEY's VIEW THE RIGHT ONE

Washington, Jan. 29.-The navy depart
ment has made public Admiral Schleys
appeal, delivered to the president about
one week ago. The departments "com~
ment'' will be published in 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 case basing his
appeal on the. findings of Admiral Dewey,
as opposed to the majority report. These
three grounds are set out compendiously
in the petition" which fills eight printed
pages Of a pamphlet and is signed by Ad-
1niral Schley- and by Messrs. Rayner, Par
ker and league of his counsel. Attached
to the petition are three exhibits, "a
"B" and CO. each made up of copious
extracts from the testimony taken by thu
court Of inquiry and intended to confirm
the statements Of fact made in the petit
ton itself.
First Ground Of Appeal.
In this latter document the first ground
of appeal is the holding of Secretary Long
in his Endorsement on the courts findings
that "the conduct of the court in MAX
ing no finding and rendering no opinion
on those questions Chat of command and
of credit for the victory is aprroved-in.
deed, 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 ex-
cluded testimony to show that as Dewey
said, Schley was the senior officer in the
battle of Santiago; was in absolute COM
mand; and entitled to the credit due 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 before
said court of inquiry. now files with this
petition argument, together with resume
of the testimony taken during the inquiry, in
so far as it relates to the question as to who
was in command at the battle of Santiago, in
support of his plea that the presiding mem
Der of the said court acted within his au-
thority and jurisdiction in reporting his opin-
ion as 1nereinbefore set forth. and that the
majority members of the said court failed in
the discharge of. a most important duty de-
volving upon them under the precept, in that
did not report their opinion the
said question:: that it was incumbent upor
such majority members to consider and deter.
mine. the said question: for the reason that
| only by so doing could they determine the
rropriety of the conduct of the said Schley
in said battle since, 1t being a fact that he
did assume command of the American forces
therein engaged, his action would. in the alb.
sence Of the right and duty SO to do, have
been highly censurable, and upon the ques
1 r. Of ight ~
| of his conduct in the premises the sail
schley was entitled, under the precept to
| finding and an opinion from the majort,
members as we'll as from the minority mem
/ ers of the said court: and your petitionel
respectfully requests that the said argumen
and resume of testimony be considered as
part Of his petition and as the basis for hi.
prayer for relief in the premises.
| Therefor the petitioner asks the presi