| Show NAVY ON SCHLEY APPEAL Alleged that Admiral and Havo Flavo Shifted Ground HE lIE WAS NOT NOl IN COMMAND On lIme llio I is hill Did Not Control Operations of or July U I 1 I w pots Now York Jan I tf Cr Advocate hummer upon tim I ii mirul UH us t 0 tho thu I sl dint by Secy tec Long la itt loss Ios ft it us long ott tIme tho appeal a t fact counted tom for by time tho comparatively few fw front from time tho finding ln time the ease case of time lijo com cui begin with tho tim statement that and bin counsel Jm unified shifted their They jay the chief features of the tho case Cairo Weme movement of tic orion order and misleading C reports failure to destroy vessels of Ito tho enemy within night anti Injustice to a mu brother of ot officer fleet These matters are arc nil all brave OP OF CASK cAS rime Tho first tau lint time the aggA station of American naval vessels Un Under der one command wits was by d dl turned about and headed roe for forKey Jo Key oat morn brat TOO miles distant whim tithes miles of Situ tiago ii memo time the ships were Time The second wan that lint ably and nun knowingly k disobeyed time tho see order overtaking him In lit movement The rime third wire was tutu that Sibleys reason officially given tom for time the mt movement timid and dis us disobedience obedience of orders artists I e that time the squadron was NOH short of coal wn not tutu turf Flit fourth MM us that for tour four days the Spanish ships lay within reach of time the lying flyIng and no ito sufficient effort Ott wari made to destroy them The rime fifth Involves time the point of Tho Thu commentators nay tury mill all limo tho above named features believed by UH tie to bo be the most Import lint If not tim tho only italy really Important mutters Into limtt which time the ourt made Inquiry tin tim conduct if Admiral wa was condemned by that most Dewey and and unite U mm Ito In I a their t lieu findings and opinion up rUt upon rUta on a all points they unite ai also n In time tho significant thin that no further proceedings be had bad In view of the hi length of time h ira has elapsed since ginee time the of It the lit events o of time the battle of Santi Santiago ago WHAT flAT IGNORES The commentators charge that Al now fort Ignore nil all Bravo raso matters liln upon mEmoir unimportant features of the case etue hs As with the Ito grave matters reformed to upon which thieve there was not timid In face of time tho testimony could have been any difference ot of opinion In Inthe inthe the court rho comm say they timey recognize recognise time that Admiral devoted by far limo tho larger part of at lila his appeal to limo tho question of command and give that mention u a space impute In Jim their comment They declare that time the question Is between Sampson and Schley both alike art are In lit Interested and to Investigate It fairly both should be heard Such Incidental testimony on out this point as came before beforetime time the court was on side Ride only and an tIre tho details were entirely closed to Sampson They sa saTo sat satTo To determine an aim important goes ques question tion of title this nature under such condi condl conditions lemma Is contrary to time the underlying principles of justice Nevertheless It Is it precisely what the appeal tusks asks time the President to do WAS BROAD It Is admitted that time the precept was broad enough to have permitted the court to go Into him this question but It U Ii recalled that though time the Judge cato expressed n ii willingness to outer upon It tin hit court did not doom It n nes ps sari nary or om to do li so Time The Judge advocate they say might have nhoun simo mn that It was Admiral plan of at night blockade that forced Cervera to como comae out ID iii time the daylight aPt Clink Clark Is quoted In lilt his testimony io lo the effect that time the American ships charged according tu to the tue original plan to sInk time tho enemy In I n time the channel and that that plan plait failed because time the enemy succeeded really In tim passing time the battle line They ask why viii did time the enemy suc sume succeed Anti And declare tho hav imar having lug ing abandoned her position on omm the left of time line left an aim unguarded opening along time the western shore through tIme the Spanish lied fleet passed our ships and attempted to escape Time The courts opinion Is quoted that time the lost distance In position iv mv time the loop mci timid and delayed time the Texas Tu Ti sustain their contention that was In command the quote luot passages from Henleys report of July 0 6 lIDS QUESTION OP Ob Time The commentators next state If It Commodore sere In hi absolute command during the battle and If it lie he lord bad mantle city any use of his imIs authority h he must have exorcised sumo some control ver aflame of tim this vessels participating they take up rum in detail the le tes of limo tho commanding 8 m this point and say of time the said he ho saw samm no ho ordein horn time thu Taylor of the Indiana said he saw no signals from time the Evans of time tho Iowa said of time the Brooklyn I never saw sarr any aimy signal from her t I did not maneuver In km obedience to any signals from time the Brooklyn time the commanding officer of time tho Texas Is in dead but the officers testimony makes It lOar Hint she sh received no orders of this ship shIll time tho commentators declare The question Is not much one of possible credit to but of possible can cen censure sure of cit Admiral In connection with time the of that vessel In him time the battle of cit Santiago Time The plain I hi that lint Admiral lid did not during the battle In tiny ny direct or conn 1 the splendid performances of time the ter tor anti time Ilio three battleships In him liana Town Iowa nail and Texas The in com command mand of these fillips neither received nor obeyed a order from him OF OI ATTORNEYS Next time tho turn their at attention attention i to what they declare were pu pct by attorneys t L show that lint in iii Home coin the lime Oregon nt et least under his liln time the hattie battle first by the lime close clone um and afterward by mimIng her guns glint signal eni me nail and the nay sC inn hilt tIm nt ui nit the testimony to be below shows was n a failure quote therefore from larks Clarks testimony In lii he sold in lii regard tu to th order close up Iii that that list was war a standing order In time the ron to attack the enemy at once It they the appeared and to keep time tho heads of time the 1 u ii feeling of mit lion that there wits was nn an order eu Co lose In iii la Itt item any accident hail had with oilier ships AM tu I tho thu alleged order front from this time Or to in him her guns time utu from lurk irk teMI Leti when ticked If tin tIme Men itt i of un ii 1 r fi ft m tim i lit he the captain 11 N Ni sir I thum after rai Ing with th time amil If they the lime Brooklyn mada a 0 i aid nut not He ci It im OL op COMMENT The comment ulo ei In iii the follow I Tin lh iou that thu t the limit gui wik ut of the tho Oregon or mm any ammy puit nt of It dine tuder orders frim time tho I it UI I that time the Oregon receive and obeyed even ien R a single order from Com y tb time time Hie tim isil ships micro to Iliac of the Lii surrender of time the Colon which ur may be fairly taken 01 tIme clo close of or the battle must bo be and am It goes goas time the lust last peg upon Sr to hung timi pretense of n a claim that during time the battle of Commo Commodore don dore oly tiny of tb functions of a let letA A Its weight of cit th time Is to tm time that time the commodore controlled tim movements of Ms his flagship time the ell with the lime exception of the tho loop Hut It also shown that not lively hut but and beyond question ho ItO did not control tho timo mm tl oms of tho fleK In Itt ui tiny nitty All Aim IB ii established not by imy then lien deduction or expert or Inexpert opinion but by direct positive hosIt too ruth mm I Mid 1 unimpeachable tinder by the tho admiral brothers In amis arnie THU PLAIN Time The plain truth of tiC tho tue matter there foie for foe first under tin t i t of c thlu tim is mm It Is that so far mis time the the Iowa tIme tho th lii ati th Oregon time ate 1 not time tho stroke of a bl blaI d nut nutt tho t tou n nf of a helm not of ut fi It shot was dune done undue under th lime directIon or by iii time the orders of Admiral Schley dur during lug ing this Hits memorable battle |
