The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-30
Long Declared to be in Error in Say.
ing Testimony on This Point
Was Excluded.
AS TO THE BLOCKADE AT SANTIAGO
No Opinion Given by the Majority on This,
Schlay Asks That Dewey's Finding be
Accepted, kls3 His Opinion on
Dispatch Made.
Dispatch Made.
(By the. Associated Press


Washington, d c.. Jan. 29.-The Navy
Department has made public Admiral
Schley's appeal, delivered to the Presi-
dent about a week ago The Depart
ment's comment will be published in
day or two.
Admiral Schley appeals to the Presi-
dent as the Chief Executive and COM
mander- in chief of the army and navy,
vested with power to regulate and di-
rect the acts of the several officers
thereof, ana he asks that the President
review the findings of the court He
asks this on three grounds, in each case
basing his appeal on the findings of Ad-
miral Dewey, as opposed 10 the major
ity report. These three grounds are set
which fills about eight printed pages of
pamphlet and is signed by Admiral
Sch9ey, and by MeSSrs- Rayner Parker
and league, of his counsel Attached to
the petition are three exhibits A,
B and Coach made up of CO.
pious extracts from the testimony taken
by the Court of Inquiry and intended to
confirm the statements of fact made in
the petition itself
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 findings, and rendering no
opinion on those questions (that of com
mand and of credit for the victory is
-.
take no other course evidence on these
questions during the inquiry having been
excluded by the court. "
THE QUESTION OF COMMAND.
On this point the petition says that the
Secretary of the Navy was in error in
stating that the court excluded testimony
20 show that as Dewey said, Schley was
the senior officer in the battle of Santi-
ago was in absolute command, and en-
titled to the. credit due for the glorious
victory which resulted in the total de-
struction of the Spanish ships On this
point the petition says:
And your petitioner the applicant
before said Court of Inquiry, now files
With this petition an argument, together
with resume of the testimony taken
during the inquiry in so far as it relates
TO the question as to who was in COM
mand at the battle of Santiago. in sup
port CT his plea that the presiding mem
her OF the said court acted within his
authority aud jurisdiction in reporting
his opinion as hereinbefore set forth,
and that the majority members of the
said court failed in the discharge of
most important duty devolving upon
them under the precept, in that they did
not report their opinion upon the said
question; that it was incumbent upon
such majority members to consider and
determine the said question for the rea-
son that only by so doing could they de-
termne the propriety of the conduct of
the said Sehley in said battle since. il
being fact that he did assume COM
mand of the American forces therein en-
Gagged, his action would, in the absence
of the right or duty to do have been
highly censurable, and upon the ques-
tions of such right and duty and the
propriety of his conduct in the premises
the said Schley was entitled, under the
precept TO finding and an opinion from
the MA ajority members as we'll as from
the minority members of the said court;
and your petitioner respectfully requests
that the said argument and resume of tes-
tinlony (Which are attached hereto and
marked Exhibit lA) he considered as A
part OF his petition and as the basis for
his prayer for relief in the premises
Therefore he petitioner asks the
President 10 annul Secretary Longs en-
dorsement on this point and that he
specifically apreve Admiral Dewey's
statement declaring that Schlcy was in
command. He says that only in this way
can exact Justice be done him under the
precept.
THE BI OCKADE AT SANTIAGO.
The second 6. s.ound relates 10 the al
legged withdrawal Of the squadron at
light from Santiago Bay and the char
2cter OF the blockade, and the propriety
OK Commodore Schlovs conduct in the
premises. This was one of the poiats
nron which Admiral Dewey specifically
dissented TIE petition recites the find
ings of the court to the effect that the
flying Squadron did rot withdraw at