The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-30

or not close or adequate blockade was
established, and the propriety OF Com
llodore Schley's conduct in the premises.
II is declared that under this Specihca-
ton-the eighth-more than = majority OF
all the witnesses We're examined and
about one-third OF the whole period of
the inquiry was consumed in its consfd
Grafton, vet 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 NEST important
DUTY imposed upon them by the terms
CT the said specification, which duty was
TO report their opinion upon the ques-
tons Of whether or not a close or ade
Guate blockade Of said harbor 10 prevent
me escape of the enemy's vessels, there
from was established and the propriety
of Commodore Schley's conduct in the
premises" Therefore Admiral Schley asks
the President to annul the Secretary's
failure of the majority members thereof
to report their opinion upon that portion
of the said eighth specifications. And it
is also asked that there be substituted
therefor Admiral Deweys holding:
fective." Otherwise the petitioner de-
clares that he will be without finding
orr opinion upon one of the most i'm
portant specifications.
FROM KEY WEST TO CIENFUEGOS.
The third ground recites Admiral Dew
eys opinion to the effect that the pas
sage from Key West to Cienfuegos was
made by the Flying Squadron with all
possible dispatch, having in view the i'm
portance Of arriving off Cienfuegos with
sufficient coal; that the blockade of Cien-
fuegos was effective; that the Adula
was permitted TO gain information; and
finally that the passage from Cienfuegos
TO point OF Santiago was made with as
| much dispatch as possible, while keeping
| the squadron unit. The petition de-
ciares that this opinion, being at variance
in certain points with the majority opin-
ion, is the only one justified by the evil
| dence and facts before the court and
| it is asked that the Secretary's appro-
val 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 latters opinion
| should be approved fer the reasons here
| filed with the Secretary of the Navy. 1t
| is also asked that the President annul
| that portion of Secretary Longs endorse
ment which states
AS to points on which the presiding
member differs from the opinion of the
/ majority of the court, the opinion OF the
| majority is approved, and that in its
| rlace he substitute and approve The dec
1 1ap 1 nj If~air
points above referred TO, connected with
the passage from Key West to Cienfuegos
and thence to Santiago. The petition
| concludes:
| And your petitioner most respect
fully states that only by the action for
which he prays in this relation can ex-
act justice be done, within the contem-
rlation of the precept under which the
said court sat and whence it derived its
authority"
AGAIN THE QUESTION OF COMMAND.
| Exhibit A is an argument and a re-
sumo of testimony concerning the ques-
| tion of command during the battle of
Santiago, and comprises full two-th thirds
Of the 81 printed pages which make up
| the petition and exhibits. 1t is stated
that the precept and instructions directed
| the court TO thoroughly inquire into all
| the circumstances bearing upon Schley' $
conduct and the subject of the invcstiga-
ton
Therefore counsel hold that it is an
incontestable fact that the court was au-
thoriZed TO determine the question of
command al the battle of Santiago.
The counsel then take up the ques-
tion of fact as TO whether the court did
actually entertain and consider the ques-
ton of command and to determine this
Point they submit a great number of ex-
cerpts from the official record of the
court These are based on testimony
given by many officers.
As 10 the general obligation on the
court to determine this question OF COM
| mand, the counsel declare that they
should have done so because the ques-
tion had never been considered and de-
termined by a body of competent jurisdic-
tion having before it all the facts and all
the parties interested.
(B)-That 2, doubt existing as to who
was actually in command at the battle
Of Santiago, there arose in the Navy of
the United States, and among the peo-
pie at alrge, controversy over this
point. which controversy, without being
instigated, fostered or countenanced by
your petitioner, has waged for more than
three years to the great detrment of the
good of the service and to the hurt of
those most concerned in the said ques-
ticn.
| (C)-That in the course of the said con-
troversy your petitioner was made the
! object OF most unjust accusations, af-
| fecting his personal and public charac
! ter, which accusations were inspired by
/ those who sought TO establish the fact
that he did not command at te said bat
tie. and that owing TO said accusations
ne has suffered much injury.
iD)-That the said controversy brought
about condition which resulted in all
20 those persons present and particip2t-
ing IN said battle being denied the re
wards which a generous country is dis
posed TO grant those who serve 1t we'll
in war;
tE)-That the said controversy can
only be terminated and justice done to
those to whom justice is due upon the
rendition by body of competent juris-
diction. having before it all the facts and
parties concerned of the decision upon
this question. which decision shall be
final ard conclusive.