The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-01-29

Flying Squadron from Key West to Glen
fuegos. the STAY Of that squadron at
Cienfuegos. and the movement Of that
squadron from Cienfuegos toward Santi-
ago Il is contendcd that Admirals Ben
ham and Ramsay erred in saying that
Schiey had been ordered TO proceed with
the utmost despatch from Key West to
OF Cienfuegos. as his orders were silent
in that particular
The contention is made that SchIey had
discretion to fix the speed under which
he was to proceed to Cienfuegos, and
that this passage was both expeditions
and effective. Admiral Schley maintains
that failure to approve Admiral Dewev's
opinion that the Flying Squadron did pro
coed TO Cienfuegos with despatch viii
work an injury to the service in that it
viii deprive commanders Of discretion and
subject them to the peril of official con-
demnation for acts done when in the ex-
ercise of their best judgment they are
laboring TO promote the interests Of their
country.
blockade Of CIenfucEOs.
The finding Of the court that Schley did
not blockade Cienfuegos as closely as
possible is objected to on the ground that
II does not harmonic with the testi-
mony adduced before the court, "aH OF
which went to show that the blockade
Of Cienfucgcs was adequate to prevent
the escape OF the enemy's vessels there
from, had they been in the said port:
that no vessel entered or departed from
said port without the permission OF the
said Schley, and that all proper and Gus
tOmary precautions were taken in the
premises"
Concerning Schley's sending in the
Adula TO find out il the Spaniards were
at Cienfuegos, & is maintained that the
court erred in not stating this fact and
the President is asked TO adopt Admiral
Dewey's opinion that Schley n permitting
the Adula TO enter expected to obtain
information from her concerning the
Spanish squadron when she came out
Squadron as n Unit.
Admiral Schley claims that as his
squadron was unit composed Of vessels
Heterogeneous in their character, 10 was
his duty TO preserve it as a unit until ur-
bN--N initial ntANHeAAg A4thAAt4 an OpDO-
site course and he therefore excerpts TO
the finding Of the majority OF the court
that he should have proceeded from Glen
fuegos TO Santiago with all despatch
He claims that be could not have pro
ceeded faster anG maintained his squad
ron as a unit.
The courts criticism OF the formation
OF his squadron in proceeding to Santiago
the court holding that he should have
disposed his vessels with a view Of In
te.yepting the enemy in any attempt 70
pas the squadron. is also objected to on
The ground that the American vessels
were disposed in abe order which pre-
ssnted the strongest formation and best
prepared them 20 meet and engage the'
enemy.
Claims Testimony Was Ignored.
Exhibit c is comparatively brief il en-
braces general objections to the approval
OF the findings and opinions OF the ma
jority OF the court" Admiral Schley OBJ
jects TO the approval Of the findings upon
the ground that the opinion rendered
and the report OF the facts made by
the majority Of the court are IN conflict
with the overwhelming weight Of evidence,
and that the majority Of the court in their
said opinion had ignored the testimony Of
the applicant and Of the whole Of the ap-
pncant's witnesses and an that portion OF
the evidence given BY Witnesses for The
Government which are favorable 10 the
applicant and have thus deprived him Of
rights guaranteed 10 him by the laws OF
the land and the constitution Of the
United States"
The appeal concludes with THIS sweeping
statement
The majority Of the court have reject
ed the whole Of the testimony offered in
behalf Of the applicant and have not ad-
verted 20 such testimony. and have en-
tirely ignored the testimony Of the ap-
plcant himself. who was on the stand for
many hours and subjected 10 the most
searching examination. and by so doing
they have perverted the ends Of Justice
If this testimony was an false they
should have so announced. and Il all OF
any part Of il was true the said applicant
Was entitled 20 the benefit OF lt. and by
declining 10 consider or pass upon So they
have deprived him Of his common law and
constitutional rights