The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-29
About a Week Ago Is Today
Made Public.
PLEADS FOR JUSTICE.
Says Controversy Over Points
at Issue
Can Never Be Settled Until Eet-
tied Right.
Asks That Judgment Of Long
Be Reversed.

Washington, Jan. 29.-The navy de-
partment has made public Admiral
Schley's appeal, delivered to the presi-
dent about week ago. The depart
ment's comment will be published in a
day or two. Admiral Schley appeals to
the president as the chief executive and
commander-in-chief of the army and
navy vested with power to regulate
and direct the acts OF the several execu-
tive officers thereof" and 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 Admiral Dewey as opposed
to the majority report. These three
grounds are set out compendiously in
the petition" which fills about eight
printed pages of a pamphlet and is
signed by Admiral Schley and Messrs-
Raynor. Parker and league, of his
three exhibits, "a" "B'' and &C." each
made up of copious 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 Sec.
retary Long in his Endorsement on the
courts findings that "the conduct of
the court in making no finding, and
rendering opinion on those questions
(that of command and of credit for the
victory is approved-indeed it could,
with propriety, take no other course,
evidence on these questions during the
inquiry having been excluded by the
court"
On this point the petition says that
the secretary OF the navy was in error
in stating that the court excluded testi-
mony to show, that as Dewey said,
Schley was the senior officer in the pat
tie of Santiago; was in absolute COM
mand and entitled to the credit due for
the glorious victory which resulted an
the total destruction of the Spanish
ships. On this point the petition says:
And your petitioner, the applicant
before said court of inquiry, now hleS
with this petition an argument, togeth-
er with a resume of the testimony taken
during the inquiry insofar as IL relates
to the question as to who was in COM
mand at the battle of Santiago, IN sup
port of his plea that the presiding mem
Der of the said court acted within his
authority and jurisdiction In reporting
his opinion as hereinbefore set forth,
and that the majority members OF said
court failed in the discharge of most
important duty devolVing upon them
under the precept, in that they dld not
report their opinion upon the said ques-
ton; that it was incumbent upon such
majority members to consider and de-
termine the said question for the reason
that only by so doing could tney oe
termine the prOpriety of the conduct or
the said Schley in the said battle, since
it being a fact that he did assume com
mand of the American forces therein
engaged, his action would, in the alb
sence of the right and duty to do so,
have been highly cenSurable and upon
the questions 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 majority members as
well as from the minority members OF
the said court, and your petitioner re-
spectfully requests that the said argu-
ment and resume of testimony (Which
are attached hereto and marked ex-
hibit 40 be considered part Of his
petition and as the basis for his prayer
fer relief in the premises.
Therefore the petition asks the presi-
dent to annul Secretary Longs indorse-
ment on this point and that he speci-
fically approve Admiral Deweys state
ment, declaring that Schley was in
command. He says that only IN this way
can exact justice be done him under
the precept-
The second ground relates to the
alleged withdrawal of the squadron at
night from Santiago bay and the char
acter of the blockade and the proprtety
of Commodore Schley's- conduct in the
premises. This was one of the points
upon which Admiral Dewey specifically
dissented. The petition relates the find
ings of the court to the effect that the
flying squadron did not Withdraw at
night and declares that by this state
rnent the court obviated the necessity
of expressing its opinion as to whether
or not a close or adequate blockade
was established and the propriety OF
Commodore Schley'S conduct in the
premises 1t is declared that under this
specification-the eighth-more than a
majority of all the witnesses were ex-
anined and about one-third of the
whole period of the inquiry was con-
sumed in it's considering, yet -notwith
standing the facts herein set forth, all
of which appear upon the record of said
court the concurring members thereof
have failed utterly and entirely to dis
charge the most important duty inn
posed upon them by the terms of the
said specification, which duty was to
report their opinion upon the question
of whether or not a close or adequate
blockade of said harbor to prevent the
escape of the enemy's vessels therefroni
was established. and the propriety OF
Commodore Schley's conduct in the
premises" Therefore Admiral Schley
asks the president to annual the sec
retary's endorsement which IN axes
valid the failure of the majority mem
bers thereof to report their opinion upon
that portion of the said eighth speci-
fication" And it is also asked that
there be substituted therefor Admiral
Dewey's holding 1.-The blockade of San
tiago was effective" Otherwise the
petitioner declares that he will be with
out a finding or opinion upon one of the
most important specifications.
THIRD GROUND.
The third ground recites Admiral
Dewey's opinion to the effect that the
passage from Key West to Cienfuegos
was made by the flying squadron with
all possible dispatch, having in view the
importance of arriving off Cienfuegos
with sufficient force; that the blockada