Evening star., 1902-02-07
IN SIGNAL DISTANCE
Claim Made for Sampson by His
Attorneys.
BRIEF FILED WITH FHE PRESIDENT
Denial that Scb!ey COMMANDED in
Battle of July 3.
POSITION OF THE NEW YORK

Mr.. E. S. Theall, representing Stayton
and Campbell, counsel for Rear Admiral
Sampson, called at the White House today
and filed with the President a brief in the
Schley case The document is short, and is
devoted entirely to one subject, namely,
protest against the claim set up in Ad-
miral Schley's appeal that he was In COM
mand during the battle of July B. The pa
per was taken by the President to be con-
sidered in connection with Admiral Schley's
appeal and the Navy Department comment
in making up his own mind.
The following is the text of the brief:
80 Broad street, New York city,
February 6, 1902.
Honorable Theodore Roosevelt,
President of the United States.
Sir: We beg leave, as attorneys. for REAR
Admiral w. T. Sampson, and on his be
half. to submit the following statement in
connection with the petition of Rear Ad-
miral w. S. Schley asking relief from his
condemnation as reported by court OF
inquiry and approved by the Secretary OF
the Navy.
No argument will be submitted as to the
volunteered opinion of the presiding mem
ber of the court upon the question OF COM
mand at Santiago. We repeatedly applied
for an opportunity to present evidence upon
this point to the court, and our request
was as often refused, and we are confident
that an attempt to pronounce an adverse
is so plain vioIation of simple good faith
that it has no chance Of receiving your ap-
proval. We were ready then, and are stiil
ready, to produce much evidence which
was not offered before the court on this
question. We are prepared to show that
the statement that the New York at the
beginning of the battle was out of sight
of each and every ship of the blockading
squadron, but one," is inaccurate.
We are ready to show that under the
navy regulations and the judicial inter-
pretations thereof Rear Admiral Sampson
was during the battle in command of every
single vessel in the American line
There is abundance of testimony available
to show that from the beginning Of the bat
tie every American vessel at Santiago was
In sight of the New York. There is evidence
at hand, both record and parol, to show
that whenever the commander-in-chief left
the blockading line in front of Santiago,
he hoisted the signal, Disregard move
ments of commander-in-chief,' proceeded
to that point where under the regulations,
his immediate command Of the squadron
ceased, and then signaled to the next in
rank to take command; and that on the
morning of July the commander-in-ch chief
had given instructions to have ready for
hosting the signal directing Commodore
Schley to assume command that this sig
nal was to be hoisted when, under the regu-
lations, the appropriate moment arrived
that that moment had not arrived, and that
such signal had not been hoisted when the
enemy endeavored to escape from the har-
Dor.
From the Oregon, too, there is available
evidence to show that when the first shot
was fired the Quartermaster of the Oregon,
using the long glass. could, from the posi-
ton Of that vessel near the center Of the
line, read the New York's battle signals
then flying. .-
All this evidence was ready to be pre-
sented to the court Of inquiry, and 1t is
ready to be presented to you. 1t was not
admitted before the court because it re-
fused to go into the question Of command
Rear Admiral Sampson has never objected
and does not now object, to any inquiry to
determine the question of command. He
has, however, reported that he was in COM
mand at that battle AS commander-in-
chief he has made his recommendations
concerning the promotions. He has been rec
ognized by the executive and judicial de-
partments of the government as being in
command, and he asks that when the accu-
racy of his reports is questioned he be at
least permitted to hear the evidence In op-
position and to permit his brother officers
to come forward with the testimony they
are ready to give in his behalf
There Is further an abundance of evil
dence available to establish the fact that
and total failure of the prearranged order
OF battle was due wholly to his own dis
obedience of the orders OF the commander
1n-chief. These orders were to close in and
to hold the enemy at the harbOr's mouth.
Commodore Schley so understood the or
ders. He hoisted that very signal. Yet
when he saw the enemy approaching that
part Of the line guarded by his own vessel
he looped. He withdrew from the battle
formation. left hole in the line interfered
with the Texas, which would have stopped
the gap, and caused her to back, thereby
giving to the enemy the double opportunity
Of which they availed themselves-to es-
cape through the interval he had made
We have no desire to prolong this con-
troversy. We only ask that before there
shall be a finding adverse to Admiral
Sampson. either by the President, the
courts or the Navy Department, that he be
to Admiral Schley to present such evil
dence as may make both sides Of the mat
ter clear. Very respectfully,
STAYTON & CAMPBELL,
And E. 9. THEALL,
Counsel for Rear Admiral w. T. Sampson