The age-herald., 1902-01-30

Falmouth, Englanu, Jdnudry SS.-Nloi- conf began his wireless communication with the Lizard when the steamer Phil adelphia was 112 miles distant and con tinued his messages for several hours. The first message to be transmitted to him was a welcoming and congratula- tory communication from the Daily Ex- press of London. Marconi responded with A><<%<>-<-<-<<-><< customary precautions were taken in the premises. He further declares that the court failed to state all of the pertinent facts regarding the Adula incident and he asks that Admiral Dewey's rendition of that incident be accepted. Lastly, Tn this exhibit, counsel deals with the pas sage from Clenfuegos to Santiago and again objects to the majority conclusion that Admiral Schley should have pro ceeded with all dispatch and have dis posed his vessels with a view of intercept ing the enemy. In this connection coun- sel submits that the American squadron was a unit; that he had no power to ato- mize 1t; that in view of the prevailing 1g- norance of the enemy's location 1t would have been the acme of mintary folly to have disintegrated his squadron; that the nature of the duty expected at Santiago required all of his vessels; that he exer- a did delay his squadron and that his ves- sells were disposed in that order which presented the strongest formation and best prepared the squadron to meet and engage the enemy
 Findings Are Contradictory.
 The last Exhibit is general in char acter and short. The findings of the court are objected to as in conflict to the overwhelming weight of evidence and it is declared that the majority have ig- nored the petitioners testimony and the whole of his witnesses and that part of the governments testimony favorable to him. The majority, it is stated, did not give him opportunity to bring in proper and convincing evidence respecting the passage to Cienfuegos and, it is declared, the evidence taken on that point was directly contrary to the opinion render ed. The majority criticized the petition CT for not com municating with the in. surgents for when in fact, McCalPs mem- orandum, did not mention their loca- tion, and the memorandum itself was given only for use in connection with certain batteries in Cienfuegos harbor. They said he should have maintained close blockade of Cienfuegos when the overwhelming testimony proved that there was a close blockade and the Judge
 
 charge to the contrary. The majority ig- nored the uncontradicted testimony prov ing that Adula was permitted to go into Cienfuegos in order that information might be obtained through him as to whether the Spanish fleet was then in port, it being clearly promised that the ship would come out within twenty-four hours It is alleged that the majority failed to give any opinion as to the char acter of the blockade at Santiago, al though the same including the eighth specification and by specific direction the court was obligated to give an opinion thereupon. It is also alleged that the ma jority entirely failed to determine who was in command at Santiago. a fact which was absolutely necessary to de- termine properly the propriety of Schley's conduct in connection with the whole campaign. Finally, 1t is reiterated that the majority rejected all of Schley's testi- mony and. his witnesses, although he was on the stand many hours, and subjected to the most searching examination, and by so doing they have perverted the ends of justice"
 It is finally stated that If this testi- mony was all false, they should have so announced; and if all or any part of it was true. the said applicant was en- titled to the benefit of it, and by de- clining to consider or pass upon it they have deprived him of his common law | and constitutional rights"