Bismarck daily tribune., 1902-02-08
SIMPSONS BRIEF IS FILED
Attorneys for Admiral Sampson File a
Protest With the President
Against Schley's Appeal.
Assert that Question Of Command at
Santiago Was Not Before Court
Of Inquiry.
Simpson was Repeatedly Denied the
Opportunity to Present Testimony
on that Point.

representing stayton, Campbell &
Theall, counsel for Rear Admiral
Sampson, have filed the following
brief with President Roosevelt protest.
ing against the claim set up in Admir-
al Schley's appeal that he was in SUI.
preme command in the battle off San
tiago: fe .t54a-
I'VE beg leave as attorneys for Rear
Admiral w. T.. Sampson and on his
behalf to submit the following state.
ment in connection with the petition
of Rear Admiral w. S. Schley asking
relief from his condemnation as re-
ported by a court of inquiry and ap.
proved by the secretary Of the navy.
mo argument will be submitted as
to the voluntary opinion of the presid-
ing officer of the court as to the ques.
tion Of chief command at Santiago.
I'VE, repeatedly applied for an op.
portunity to present evidence upon
this point to the court and our request
was as often refused and we are con
fdent that an attempt to pronounce
an adverse Judgment where a hearing
has been denied is, so plain a violation
of simple good faith that it. has no
chance of receiving your approval.
We were ready then, and are still
ready, to produce much evidence
which was not offered before the court
on this question. We are prepared to
show that the statement that the New
York at the beginning Of the battle
was "out of sight of each and every
ship Of the bIockading squadron, but
one" is inaccurate.
There is abundant testimony to
show that from the beginning Of the
battle every American vessel at San.
.tiago was
In Sight Of the New York. ..1
There is evidence at hand to show that
when the command der-in-chief left the
blockading fleet in front of Santiago
he hoisted the signal disregard move
ments of the command der-in-chief, pro
ceeded to that point where, under the
regulations his immediate command OF
the squadron ceased, and then sig.
nailed to the next in rank to take com
mand and that on the morning of July
3 the commander-in-ch chief had given
instructions to have, ready stringed the
signal directing Commo odore Schley to
assume command, that this signal was
20 be hoisted when under the regula
tions the appropriate moment arrived
that that moment had not arrived and
that such signal had not been hoisted
when the enemy endeavored to escape
from the harbor. .SE
From the Oregon too, there is avail
able evidence to show that when the
first Spanish ship issued from the har
Dor the Oregon, using a long glass
could from the position Of that vessel
near the center of the line, read the
New York's battle signal then flying.
"All this evidence was ready to be
submitted to the court Of inquiry and
is now ready to be submitted to you
It was refused by the court, but it had
decided not to go into the subject OF
the command. Rear Admiral Sampson
has never objected and does not now
object to any inquiry to determine the
question Of command. He has, how
ever, reported that he was in com
mand at that battle. AS commander
in-chief he has made his recommends
tions 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 re
ports is questioned he be at least per
mitted to hear the evidence in opposi
tion and to permit his brother officers
1 to come forward with the testimony
they are ready to give in his behalf.