Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-01-30
SCHLEY APPEAL is PUBLIC
Text Of the Appeal Made by Admiral
Schley to President Roosevelt
is Made Public.
Cites a Number of Reasons for a Re.
versal of the Findings of the
-an. Court of Inquiry.
All Based on the Opinion Of Admiral
Dewey as Opposed to the Ma
..| jority Report.

Warrington, Jan. 30-The navy de-
paltmenl has made public Admiral
Schley's appeal, delivered to the pres
ident about a week ago. The depart.
7nent's Comment" will be published
in a day or two
Admiral Schley appeals to the pres
1dent to 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 majority report. Attached to petit
ton are three exhibits, CA" "B" and
&C., each made up of copious extracts
from the testimony taken by the court
OF inquiry and intended to confirm the
statements of fact made in the peti-
tion ITSELF t.1a.st:s
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 making no finding, and
rendering no opinion on those ques-
tions Chat of command and of credit
> for the victory is approved-indeed,
it could, with propriety take no other
course, evidence on these questions
during the inquiry having been exclud-
ed by the court, On this point the
petition says that the secretary of the
navy was in error in stating that the
court excluded testimony to show that,
as Dewey said, Schley was the senior
officer in the battle of Santiago; was
in absolute command, and entitled to
the credit due for the glorious victory
which resulted in the total destruction
of the Spanish ships.
Therefore, the petitioner asks the
president to annul Secretary Longs
endorsement on this point, and that he
specifically approve Admiral Dewey's
statement declaring that Schley was
in command. -t. IF"
."@ Second Ground of Appeal.
= The second ground of appeal relates
to the alleged withdrawal of the squad
ron at night from Santiago bay and
the character of the blockade, and the
propriety of Commodore Schley's con-
duct in the premises. This was one of
the points upon which Admiral Dewey
specifically dissented. The petition re-
cites the findings of the court to the ef-
feet that the flying squadron did not
withdraw at night and declares that
by this statement the court obviated
the necessity of expressing it's opinion
as to whether or not a close or ade-
quate blockade was established, and
the propriety of Commodore Schleys
conduct in the premises. 1t is declared
that under this specification-the
elghth-more than majority of all
the witnesses were examined, and
about one-third of the whole period of
the inquiry was consumed in it's con-
sideration, yet Notwithstanding the
facts herein set forth, all of which ap-
pear upon the record of the 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
opinion upon the questions Of whether
or not close or adequate blockade
of said harbor to prevent the escape
of the enemys vessels therefrom was
established and the propriety of Com
modore Schley's conduct in the prem
ises." q
Therefore, Admiral Schley asks the
president to annul the secretary's en-
dorsement, which makes valid tie
failure of the majority members there
of to report their opinion upon that
portion of the said eighth specifica-
tion.' And it is also asked that there
be substituted therefore Admiral Dew.
ey's holding the blockade of Santiago
was effective
4 Third Ground of Appeal.
. The third ground recites Admiral
Dewey's opinion to the effect that:
The passage from Key West to Glen
fuegos was made by the flying squad.
ron with all possible dispatch, hay.
Ing In view the Importance of arriving /
off Cienfuegos with sufficient coal:
that the blockade of Cientuegos was
effective; that the Adula was permit
ted to gain information; and finally !
that the passage from Cienfuegos to a |
point off Santiago was made with as /
much dispatch as possible, while keep
ing the squadron a unit. The petition
declares that this opinion, being at /
variance in certain points with the /
opinion, is the only one JUS,
tilted by the evidence and facts before
The court, and it is asked that the sec
retary's approval of the majority find +
[ngs be set aside and annulled in each
Instance where it is at variance with
Admiral Dewey's opinion, and that the
ALTERS opinion should be approved for
The reasons heretofore set out in the
bill Of exceptions filed with the secre-
.ary Of the navy. It is also asked that
The president annul that portion OF Y
Secretary Longs endorsement which
states: As to points on which the
presiding member differs from the 4
opinion of the majority Of the court, 81
he opinion OF the majority is approy-
ed, and that in place he substitute 4
pad approve the declaration Of Admir-.