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Show PROTEST OF SAMPSON His Attorneys File Brief With President. MATTER TO BE CONSIDERED President Will Not Announce Decision Decis-ion Until After His Return From Charleston Brief Concludes With Statement That There Is No Deslro to Prolong Controvetsy, but Asks That Admlrnl Be Given Same Op-poitunlty Op-poitunlty That Schley Has Had to Present Evidence. Washington, Teh 7 II S Theall, representing xtayton rompttll J4 Theall tounsel for ltear-Admlral Sampson, Samp-son, today tiled the following brief with 1'icsldent Hoosevelt ptnlestlng against thn claims set up In Admiral Sch'cys appeal thai lie was In supremo command com-mand during the bat'le off Santiago. iiutr. is ini: imrnF "Hon Iheesloio ltooseielt. President of the United Htiites -Hlr -Wo beg louvo ns Httoine)S for Itear-Admlrnl W T Hnmpson nnd on his behalf to submit the following statement In connection con-nection with tho position of lteur-Ad-mlral 8 Sibley asking relief from his condemnation ns reioited h) u court of liupiliy and approed by the hcciL-tarj hcciL-tarj nf the Na) itrAiiy to PHODiicr, iividiinci: ' No argument will be submitted na to tho olunteeied opinion of the presiding member of the court upon the question of command nt bantlngo t e rcpenp d-I) d-I) applied for anf pportunlty to present ildcnro upon this point to the court nnd our request wns as often icfused We were tendy then and aie still ready to produce much evidence which was not ollered b'foio tho couit on this question We are pieparerl to show that tho statement tint tho New York at the lieKlniilng nf tho battle 'was out of sight of ouch nnd eery chip of tho bbiekadlng siuadron but one Is in-aecuiute in-aecuiute SAUr.SON IN COMMAND ' We lire ready to show that under the nn) lcgulntlons and the Judicial In-terptetutlons In-terptetutlons theicof ltc-it -Admiral r.iimpson was during the buttle In com mand uf pmi single xtsscl In the American line Thtro Is nhuiid nice uf testlinnu) iiMillnh o to show thnt from the beginning of the battle ccet) Amci-lean Amci-lean isscl at Hantligo wan In sight of the New Yoik and that on tho morning morn-ing of Jul) 3nl tho comtnander-lii-ehlef ha 1 glien insti notions to have re id for hoisting the signal directing ("ommodnio Hchlcy to assume command, tint this signal was to bo hoisted when under the ngulitlons tho appropriate moment arrived; that that moment had not nr-rhel nr-rhel an t thnt such signal had not been hol-ctcd when the enemy endeavored to oscitpt fiuiu tho hut bur. KVIDKNOK 1'IIOM OUKOON ' I rum the Otegon too, thetc 13 aall-uhle aall-uhle eidcnto to show tint when tho tlrst shot was llinl the quartermaster of tho Oregon using the long glafcs, could, from the tosltlou from that xes sol neat tho centie of the linn icud the New lorks battlo slgnila then Hying. NOT ADMITTED HY COURT 'All thla (Mdenco was reuly to be presented to tho court ot liiquli), nnd It Is lead) to bo presented to )ou It was not admitted hefnto tho cotitt because be-cause It it fused to to Into the question of command ltoai -Admiral Sampson has mer objected and docs not now object to nn luqiilr) to determine the qucHtlon of command He has, how-eer, how-eer, icportcl tint he was In command com-mand ut tint Initio Aa conimnnder-In-chlcf he has mado hH recommendn-tlona recommendn-tlona concerning tho piomotluns llo has been lecogulrcd b) the IIxecutlNa mil Judicial dep turnouts of tho (3o-ctnment (3o-ctnment .ih being In oomiruiud unci he asks that when the accurac) of hla repjrta Is qjcstlntiod Po ut least he permitted to hen the cildento In opposition op-position ami to permit bin brother olll-cera olll-cera to come fnrwaid with the cl-denco cl-denco the) are reidy to give In his behalf be-half Thero Is further an abundance of eWdenco awillahlo to estuhllsh the fact that what tho iippllixint now culls the complete and total failure of tho pie-nrrnnged pie-nrrnnged Older of Kitths ' was duo wholly lei hla own disobedience of the orders of the coniiuander-ln-chlef These ot tiers weio to close In and to hold tho em no nt tho hirbura mouth cotnmnelote 'schb) so understood the orders lie hoisted that or) signal )et, when In saw tho enem) nppioach-lng nppioach-lng that pnrt of the line guaidnl by his own vessel he looped Ho withdrew with-drew from the battle formation left n hole In the line Interfered with tho Texas whhh would hive stopped tho gap and caused hei to back then by giving to tho enemy the double opportunity oppor-tunity of which the) mulled them selves to escupo through the Interval he h id in ulc. WIIAl' SAMI'r.ON ASKS "Wo have no desire to prolog this contioversy Wo only ask tint before thero shall he n llnillng ndvoiso to Admlrnl Ad-mlrnl r-ampsun, either b) the 1'iesl-dent 1'iesl-dent the courts oi the i ) eb rmi t-ment t-ment that he be klven the opportunity which Ins been given to Admliul ScHle) to present sin h ev I lenro ns ma) inuko both sides of the tmcttei cleu The I'lesldent will consider the brief in connection with Admliul Nhlo)'a appeal and the Na5 de artment s torn-ment torn-ment tut decision will not hi um le public utiill utter his mturn from Chat lesion |