New-York tribune., 1902-02-08
AN APPEAL FOR SAMPSON.
NEW CHARGE OF DISOBEDIENCE OF
ORDERS MADE AGAINST SCHLEY.
[BY TELEGRAPH TO THE TR1BUNE.I

WnlIe house by hear Adm1raI sampson COun-
sci to meet Rear Admiral Schley's claim for
credit in the destruction of Cerveras fleet 1t
is shorter than most of the documents that
have hitherto appeared in the case and is de-
voted for the most part to showing that Samp-
son was never out of signal distance on the
day of the great battle. Its most important
declaration, which occurs near the end, sets up
a new charge of "disobedience of orders"
against Schley. by which he permitted the Span
ish ships TO run to the westward The text of
the brief is as follows:
No 80 Broad-st,
New-York City, February g. 1902.
The Hon. Theodore Roosevelt, President of the
Sir: We beg leave, as attorneys for Rear Ad-
Iniral Sampson and on his behalf. TO submit
the Following statement in connection with the
petition OF Rear Admiral W. S. Schey, asking
relief from his condemnation reported by
court OF inquiry and approved by the Secretary
Of the Navy
No argument will be submitted as to the vol
unteered opinion Of the presiding member or
the court upon the question OF command at
Santiago. We repeatedly applied for oppor-
tunty to present evidence upon this point to
the court and our request often refused,
and we are confident that an attempt to pro-
nounce adverse judgment where hearing
has been denied is plain a violation of simple
good faith that it has no chance of receiving
your approval. We ready then, and are
stu ready, to produce much evidence wnch
not offered before the court this Ques-
tion. We are prepared TO show that the state
ment that the New-York at the beginning of the
battle was out Of sight of each and every ship
of the blockadng squadron but one" is mac
curate.
We are ready to show that under the navy
regulations and the judicial interpretations
thereof Rear Admiral Sampson during the
battle in command of every single vessel in the
American line. There is abundance Of testimony
available 10 show that from the beginning of
the battle every American vessel at Santiago
dence at hand, both record and parol, to show
that whenever the commander in chief left the
blockading line in front of Santiago he hoisted
the signal Disregard movements OF command
er in chief proceeded to that point where,
under the regulations, his immediate com
mand of the squadron ceased and then
signalled to the next in rank TO take COM
mand; and that on the morning OF July
3 the commander in chief had given in
structions to have ready for hoisting the signal
directing Commodore Schley to assume COM
mand; that this signal to be hoisted when,
under the reguatlohs, tne apPropI4ate in9lleIis s
arrived; that that moment had not arrived and
that such signal had not been holSted when the
enemy endeavored TO escape from the harbor.
From the oregon. too, there is available evil
dence to show that when the first shot was
fired the quartermaSter OF the Oregon, using
the long glass could from the position Of that
vessel, the centre Of the line. read the
New-York's battle signals then flying.
All this evidence was ready to be presented
TO the court of inquiry. and II is ready TO be
presented to you 1t was not admitted before
the court because II refused TO go into the ques-
tion Of command Rear Admiral Sampson has
never objected and does not now object 10 any
inquiry TO determine the question OF command
He has, however, reported that he was in COM
mand at that battle AS commander in chief
he has made his recommendations concerning
the promotions. He has been recognized by the
executive and judicial departments OF the gov
ernment as being in command. and he asks
that when the accuracy OF his reports Is ques-
toned ne be at least permitted TO hear the evil
dence in opposition and 20 permit his brother
officers to forward with the testimony
they ready to give in his behalf.
There is. further. an abundance OF evidence
available to establish the fact that what the
applicant now calls the complete ana total
failure of the prearranged order of battle" was
due wholly TO his own disobedence of the or
ders Of the commander IN chief. These orders
to close in and hold the enemy at the har-
bors mouth. Commodore Schley so understood
the orders. He hosted that very signal Yet
when he the enemy approaching that part
Of the line guarded by his own vessel he looped.
He withdrew from the battle formation, left a
hole in the line, interfered with the Texas
which would have stopped the gap. and caused
her to back. thereby giving TO the enemy the
double opportunity OF which they availed them
selves-to escape through the interval he had
made.
We have no desire TO prolong this controversy.
We only ask that before there shall be a finding
adverse to Admiral Sampson, either by the
President the courts the Navy Department,
given to Admiral Schley to present such evil
dence as may make both sides of the matter
clear. Very respectfully,
STATION & CAMPBELL and r. s. THEALL,
Counsel for Rear Admiral w. T. Sampson.
The President will consider the brief IN
nection with Admiral schey's appeal and the
Navy Departments comment