The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-29
sCHLEY's APPEAL.
CONTINUED from First Page.)

Il
| of Cienfuegos was effective; that the
/ Adula was permitted to gain informa-
ton; and, finally, that the passage from
| Cfenfuegos to point off Santiago was
made with as much dispatch as pos
| sible, while keeping the squadron
| unit The petition declares that this
/ opinion, being at variance in certain
| points with the majority opinion, is the
only one justified by the evidence and
| facts before the court, and it is asked
| that the secretary's approval of the N a
/ jority findings be set aside and annulled
| in each instances where it is at var1-
| ance with Admiral Dewey's opinion,
| and that the latter's opinion should be
| approved, for the reasons heretofore set
| out in the bill of exceptions 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 place he substi-
tute and approve the declaration of Adj
niral Dewey on these points above re-
| ferred to, connected with the passage
from Key West to Cienfuegos and
thence to Santiago. The petition con-
cludes:
and your petitioner most respect
fully states that only by the action
from which he prays in this relation can
exact justice be done him within the
contemplat ton of the precept under
which the said court sat and whence
it derived its authority.
''An of which is most respectfully
submitted"
Exhibit "a is an argument and a re-
sumo of testimony concerning the ques-
ton of command during the battle of
Santiago, and comprises fully two-thirds
of the sixty-two printed pages which
make up the petition and exhibits. 1t
discusses the right of the court to con-
slider the question of command; the fact
as to whether or not it actually did so;
q nj neyrr N ra-
gard to that question and action reQui-
site to exact justice on this point. 1t
IS stated that the precept and 1nstruc-
lions directed the court to thoroughly
inquire into all the circumstances bear
ing upon Schley's conduct and the sub
ject of the investigation" and it is
argued that under the general, as well
as under this specific authority the
court had full power to investigate, and
was not required to limit the inquiry
to Schley'S conduct in connection with
the specific directions contained in the
precept- 1t is declared that it did act
ually investigate under this general,
authority certain details of his conduct
outside of the specific directions and
it is pointed out that the movement of
the flying squadron from Key West to
Clenfuegos was one of the subjects OF
the inquiry not specified in the precept.
Therefore counsel hold that it is an in
contestable fact that the court was
authorized to determine the question of
command at the battle of Santiago. 1t
is also declared that the record of the
court shows that Schley did actually
exercise the powers and assume the
responsibilities of command over the
American forces in the battle and if he
did this, in the absence of any right so
to do, then, under the naval regulations
his conduct would have been grossly
insubordinate and calculated to weaken
the lawful authority of his proper COM
manding officer. and as such would
have been highly censura BILE, and should
have been so held by the court" 1t is
stated
not deny its right to inquiry into this
subject of command, and that the sec
approval of Dewey's declaration being
based "solely on an erroneous state
ment that the court had excluded evil
dence in relation thereto"
QUESTION OF FACT.
The counsel then take up the question
of fact as to whether the court did
actually entertain and consider the
question of command and to determine
the point they submit great number of
excerpts from the official records of the
court. These are based on testimony
given by many officers including Com
modore Howison, who in the course of
interview on board ship spoke of
Sampson as being IN command; Com
mander Heilner, Commander Sharpe,
Lieutenant Doyle, Captain Dawson,
Lieutenant Commander HigdSon, Lieu
tenant Bristol, Admiral Taylor, Captain
Cook Lieutenant Commander Sears,
Lieutenant McCalla, Lieutenant Web
Ster, Ensign Marble, Lieutenant Com
mander Griffin, Lieutenant Commander
Nicholson, Lieutenant Simpson, Lieu
tenant Alderman, Lieutenant Eberle,
Lieutenant tombstone, Captain Clark and
Admiral Schley himself In addition
counsel includes the testimony OF some
of the newspaper witnesses, and quotes
portions of his own argument to the
court where he was allowed to discuss
the subject of command. All of these,
it is respectfully submitted amounted
to a formal entertainment and consider
alton by the said court of this question
and obligated it to find the fact and
report its opinion thereupon-'
AS to the, general obligation on the
court to determine the question of COM
mand, the counsel declare that they
should have done so because:
(a) The question has never been con-
sidered and determined by a body of
competent jurisdiction having before it
all the facts and all the parties inter-
ested.
OBJ That, a 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 people
at large a controversy over this point
which controversy without being fos-
tered or countenance6 by your petit
toner has been waged for more than
three years to the detriment of the good
of the service and the hurt of these most
concerned in the said question.
(c) That in the course of the said con-
troversy your petitioner was made the
object of much 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 the said
battle and that owing to said accusa-
tionS he has suffered much injury.
cd That the said controversy Drought
about a condition which resulted in all
those persons present and participating
in said battle being denied the rewards
which a generous country is disposed
to grant those who serve it well in war.
faN 1ot ffac ofH
be terminated and justice done to those
whom justice is due upons the rendition
by a body of competent jurisdiction
having before it all the facts and par
- H.. Il. ;ss1.