The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-01-30

the Importance of arriving off Cienfue-
goes with sufficient coal. that the
blockade of Cienfuegos was effective
that the Aduka was permitted to gain
information, and finally that the pas
sage from Cienfuegos to a point off
Santiago was made with as much dis
patch as possible, while keeping the
squadron a unit" The petition states
that this opinion, being at variance in
certain points with the ma jority opin-
ion, is the only one justified by the ev-
idence and facts before the court, and
it is asked that the secretary's ap-
proval of the ma jority findings be set
aside and annulled in each instance
where it is at variance with Admiral
Deweys opinion, and that the
latter's opinion should be approved for
the reasons heretofore set out in the
bill of exceptions filed with the Scre-
tary of the Navy. 1t is also asked
that the President annul that portion
of Secretary Longs endorsement
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 ap-
proved" and that in its place he sub
stitute and approve the declaration
above referred to, connected with the
passage from Key West to Cienfuegos
and then to Santiago.
The petition concludes:
"And your petitioner most respect
fully states that only by the action for
which he prays in this relation can
exact justice be done him, with the
contemplation of the precept under
which the said court sat and whence
1t derived its authority"
The Question of Command.
Exhibit "A' is an argument and a
resume of testimony concerning the
question of command, during the bat
tie of Santiago and comprises full two
thirds of the sixty-two printed pages
which make up the petition and ex>
hibits.
1t is stated that the precept and
instructions directed the court to
thoroughly inquire into all the cir
cumstances bearing upon Schley's con-
duct and the subject of the investi-
CATION"
The petitioners counsel hold that 1t
is an incontestible fact that the court
was authorized to determine the ques-
tion of command at the battle of San
tiago. The counsel then take up the
question of fact as to whether the
court did actually entertain and con-
slider the question of command, and
W 0CbOlihAAC bhlo pOiAN LhCy oubAAiiI g,
great number of excerpts from the Of
fetal record of the court. These are
based on testimony given by many
Off "s. AS to the general obligation
on Z court to determine this ques-
tion of command, the counsel state that
they should have done so because:
(a) The question has never been
considered and determined by a body
of competent jurisdiction having be-
fore it all the facts and all the parties
interested.
(b.) That doubt existing as to who
was actually in command at the bat
tie of Santiago, there arose in the navy
of the United States, and among the
people at large. controversy over
this point, which controversy withoui
being instigated, fostered or counte.
nanced by your petitioner, has wageo
for more than three years to the great
detriment of the good of the service
and to the hurt of those most concerned
in the said question.
(c.) That in the course of the said
controversy your petitioner was made
the object of most unjust accusations
affecting his personal and public char
acter. 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
accusations he has suffered much In
jury.
I'D That the said controversy brought
about condition which resulted In
all those persons present and partici-
pating in said battle being denied the
rewards which a generous country is
disposed to grant to those who serve
it we'll in war.
(e) That the said controversy can
only be terminated and justice done
to those whom justice is due upon the
rendition by a body of competent ju-
risdiction, having before 1t all the
facts and parties concerned, OF the de-
cision upon this question, which de-
cision shall be final and conclusive.
~ That such a decision will result
in the betterment of the service, by
closing a deplorable controversy which
now divides the service into hostile
factions. That, further, such a decis-
ion will perpetuate in history the true
facts surrounding one of the greatest
naval conflicts of modern times, and
one of the greatest naval victories
ever achieved by this country.
1t Is further stated that in asking
for a court the petitioner expected to
secure a judgment so final and con-
secure judment so final
and conclusive as to ter
inmate the controversy, and that II
was the duty of the court to pass upon
the questeion of command.
Contention of schIey's Counsel.
Counsl next take up the question OF
the propriety and justice of Dewey's
opinion that Commodore Schley was
in absolute command in the battle OF
Santiago, and is entitled to the credit
of the glorious victory, and quote
many excerpts from the testimony 70
establish the correctness of this con-
clusion. 1t is recited that Sampson
signalled to Disregard motions com
mander-in- Chief when he started
eastward that morning, thereby con-
ferring command upon Schley. 1t Is
asserted that the New York did not
reach the scene of the last surrender OF
Spanish ships until one hour and thir-
teen minutes after the battle ended
and that at 9:35 on the morning Of
July 3, the New York was out of sight
of every ship Of the blockading squad
ron but one, making IL impossible for
her to communicate with any of them
Counsel also cite Secretary Longs
statement to the Senate, that Samp-
son was proceeding towards Siboney
when the Spanish ships emerged, UNI
der orders from the department to con-
fer with Shafter. and 1t is held that
these orders detached him temporarily
from his command. so that Sohley was
actually in command at the battle, for
the following reasons:
(a.) BY virtues of his rank as Sec
ond in command of the squadron be-
fore Santiago.
(b.) BY virtue OF his rank as senior
line officer on the spot, authorized by
the regulations for the government OF
the navy of the United States" TO as
sumo command in such situations, and