Show ADVOCATE LEMLY TO APPEAL I 1 egiy conte ids that schley aae shifted illg ground slice the hearing the comment of judge advocate general heinly and solicitor alanna upon the appeal of admiral schley aa suba eted to the president by secre tary long is less than a tt ird as long as the appeal itself a fact accounted for by the comparatively few quota eions from the courts finding in the case of the corn i ent gators begin with tl e statement that admiral achley and his counsel have shifted their ground they say the ch ef features of the case were the retrograde movement no disobedience of orders inaccurate and mislead ng off al reports fall ure to destroy vessels of the enemy lying within sigl t and injustice to a baroti er officer these matters are all grave the first was that the fin est aggregation of american naval vessels under one amand was by achley s direction turned about and headed for key west more than miles distant when with n twenty two miles of santiago where the enemy s ab ps were the second was that schley deliberately and knowingly d sobered the secretary s older overtaking hi n in his retrograde movement the th rd was that behley s reason officially given for the retrograde movement and dis obedience of orders 1 e that the flying squadron was short on coal was not true the fourth was that for fo ir days the spanish ships lay within reach of the flying squadron and no sufficient effort was made to destroy them the fifth alleges that son s plan of n blockade forced the enemy to come out of the harbor in daytime and that had schley not aban boned the position assigned to the brooklyn and tl cereby made an opening through which the spanish vessels put to sea they would have been sunk in the channel or soon after emerging from it |