44444444 *444444*444444
♦ THE WEATHER TO-DAY
♦ For North Carolina: ♦
| FAIR. |
*4444444
YOL. LI. NO. 86.
Leads all Month Carolina Dailies in Mews and Circulation
COMMODORE SCHLEY
WAS NOT ffl COM-
MftND
Htiis Opens the Protest Filed
by Admiral Sampson’s
Counsel.
THEY ARGUE THE POINT
And Ask That Dewey’s Opinion be
Either Striken Ont or
Disapproved.
POINT TO DISPOSITION OF VESSELS
Declare This Showed Sampson in Command,
But Maintain That Question of Who Com
manded at Santiago Was Outside
Scope of Inquiry.
(By the Associated Press.)
Washington, Dec. 20.—The objection of
Admiral W. T. Sampson to the portion
of Admiral Dewey’s report of the Schley
Court of Inquiry, in which he says Ad
miral Schley was in command at the
battle off Santiago and entitled to the
credit for the victory, was filed with
(Secretary Long today. The document
was brought to the Navy Department by
E. S. Theall, of counsel for Admiral
Sampson and handed to the Secretary.
It is signed by Stayton & Campbell and
E. S. Theall, counsel for Admiral Samp
son. and is addressed to Secretary Long.
It follows:
Sir—As counsel for Rear Admiral
Sampson, we have the honor to request
that the department, for the reasons be
low stated, strike out or specifically dis
approve that portion of Admiral Dewey's
opinion filed in connection with the
proceedings of the Schley Court of In
quiry, In which he stated his view to be
that Commodore Schley was In absolute
command at the naval battle off San
tiago.
1. Commodore Schley was not in com
mand at that battle.
(A.) The disposition of the forces at
the beginning of the battle, according to
Commodore Schley’s awn statement,
places Admiral Sampson in command.
The Brooklyn and the Vixen were the
westernmost ships of the fleet; the In
diana and Gloucester were the eastern
most. The New York was nearer both
of the latter than was the Brooklyn, and
notably at the time when the Indiana
was heavily engaged at the beginning of
the action, and when the Gloucester was
engaged with the Furor and Pluton.
Commodore Schley says “The Indiana and
the Gloucester * * * were closer to
your flagship than to the Brooklyn. We
have, then, the case of a fleet in a regu
lar formation, with the commander-in
chief within signal distance and closer to
a large number of the ships than is the
second in command. It is true that the
commander-in-chief could not Ijave
reached the most distant vessel by sig
nals, except by causing them to be re
peated by an intermediate vessel—an en
tirely unusual course—but it is equally
true that the second in command could
not have reached the remote vessels of
the fleet (namely—the Indiana and
the Gloucester) without likewise repeat
ing signals.
In this state of affairs, the regulations
of the Navy and the customs of the
sea place the absolute command and the
full responsibility in the senior officer.
(B). The Brooklyn's manoeuver dur
ing the action destroys any claim that
Commodore Schley may have had to the
command. The facts as tothe loop are
found by the court. The finding and
opinion report that to avoid danger to
his own ship, ho manoeuvered without
warning to the rest of the squadron and
in disregard of the fleet formation.
2. The President, of the United States
and the Navy Department have decided
that Admiral Sampson was in command
at that battle and Commodore Schley
second in command.
This fact was before the court: for tile
Secretary’s letter to the Senate, dated
February 6th, 189!*, states that the Span
ish squadron was destroyed oy our fleet
under his (Sampson’s) command,’’ and
“the advancement of Commodore Schley
was proposed in recognition of his ser
vices as next in rank at the victory of
Santiago."
9. The question as to who commanded
at Santiago was not referred to the
court for consideration. Evidence beai -
ing on the point was excluded.
(A.) If Commodore Sohley was in com
mand, Admiral Sampson was not, and i?
the question as to which was ip coi\ -
mand was to be considered by the court,
surely Admiral Sampson became an in
terested party and under the precept was
entitled to the hearing which was re
peatedly refused him.
(Ti.) The language of the pfloeept ex
cludes the question as to who command
ed at that battle. It directs the court
to inquire into the conduct of Admiral
Schley—not into his status or as lo
whether or not he was in command, and
to report its conclusions upon his “con
duct In connection with the events of the
Santiago campaign."
C.) The judicial officers of the court
maintained that this matter was outside
the scope of the inquiry. They oxpre\sed
willingness to go Into It if their view
The News and Observer,
should be overruled, but were, in every
instance sustained by the court.
Thus at page 157. the a* distant lo the
Judge advocate said:
"One further word as to a suggestion
just made, as to the intention to show
that Admiral Sampson was not in this
battle. I wish to say that we do not
understand that the question’ whether
Admiral Sampson was or was not in the
battle of Santiago is before the court.
If it is, we shall be happy to investigate
it. * * * Until the ease takes thfct
attitude it is improper to spread upon the
record arguments and questions which
proceed upon fehe theory that he is in the
case.” Counsel for the applicant with
drew the question.
At page 490 of the record, the same
matter beibg under discussion, Mr. Han
na said:
“If it is thp desire of the court to go
into these things it woiijld, of course, be
proper that we Should also go into them.
It would not only be proper, but it would
be necessary. * * * We are thorough
ly prepared to go into any discussion Os
them, provided the court desired to so
enlarge and extend the scope of this in
quiry. Counsel for .the applicant again
failed to press the point and the court
made no objection to Mr. Hanna's view.
At pages 153 and 1080 there were siml
lur rulings by the judge advocate. In the
case of all these declarations there was
acquiescence on the part of the court.
(D.) The court uniformly rejected
evidence as to who commanded.
On all the pages herein cited from the
record, the court rejected such evidence,
and nowhere was it admitted against ob
jection.
(E.) The court more than once speci
fically ruled that this question was not
before it.
For example, at Page 1586, where the
question was as to the position of the
commander-in-chief, and of the New
Yoik, and as to the part they took in the
battle, Admiral Dewey said: “We do not
want that. We have ruled that out.”
The judge advocate then asked if the
court had so ruled, and Admiral Dewey
replied: "We have. We have kept the
New York out of it."
(F.) The court went, so far as to rule
at page 1421 that Admiral Schley was not
in command during the battle. The mat
ter then before the 4ourt related to the
periods during which Admiral Schley has
been in absolute command, and. the judge
advocate said:
“Mr. Rayner, you are confining yourself
to July 3rd, are you?" Mr. Rajmer in
reply acquiesced in this view', and the
court ruled that “all questions * * *
shall be confined to between the 19th ol
May and the first of June, relating to
the organization, management and con
trol of that squadron when he was ac
tually commander in chief." Matters re
ferring to hi.s alleged command on July
3rd were excluded.
(G.) All proposed questions on this
subject were either rejected by the court
or withdrawn by the applicant, who Or
ally acquiesced in the decisions of the
court and gave up his efforts in this be
half, saying:
“I bow respectfully to the decision of
the court, and I know exactly what it
means."
(H.) The minority opinion expressed
by Admiral Dewey in this matter is at
variance with all the rulings of the court
in this regard and directly contradicts
the letters, wherein Admiral Dewey, for
the court defines Admiral Sampson’s
status.
The Navy Department in its precept
had justly provided that any person ‘‘ln
terested’’ might be given an opportunity
of appearing before the court in person
or by counsel and protecting his rights.
As counsel for the applicant ignored
at times the court's ruling and spread
upon the record arguments reflecting
upon Admiral Sampson, we, as his coun
sel, three separate times appealed to
tlie court asking for protection op for
permission to appear and defend Ad
miral Sampson’s lights. Each time our
request was denied and we w. re assured
Admiral Sampson was not involved, and
finally Admiral Dewey, acknowledging
the receipt of one of our letters ir>. which
we had appealed to him on the ground
of this very question as to who command
ed at Santiago, said:
“I have to state while the precept con
vening this court gives it authority to
permit any person whom it may regard
as concerned in the investigation to be
present * * * the court considers that
Admiral Sampson is not an interested
party; * * * and you are further in
formed that if circumstances arise which,
in the opinion of the court render it
necessary for Admiral Sampson to be re
presented due notice will be sent him."
I pon that promise Admiral Sampson
relied. The notice came only in the
torm of a minority opinion by Admiral
♦Dewey discussing matters beyond the
scope of the precept, and nowhere in
cluded in the facts found by the court.
CITIZENS ASSOCIATION
FOR RELIEF OF POOR.
Organizsd With Rev. Dr. A A. Marshall as
President and Contributions
Requested.
A Citizen's Relief Assocation has been
organized in the city to aid the worthy
poor who are in distress. Tho following
constitute tile officers:
President—Dr. A. A. Marshall.
Vice-President—Mr. R. H. Battle.
-Executive gommittee—J. I. Johnson, 3.
M. Broughton. J. T. Pullen, J. G. Brown,
S. W. Whiting.
The citizens of Raleigh will be called
upon to contribute to this work and we
are sure a generous response will be
made.
Contributions may be sent to any of the
above officers or left at the Raleigh Sav
ings Bank.
Let us not. forget tho fact that there
is much suffering during this extreme
cold spoil.
United States Senator J..H. Berry, of
Arkansas, while on his way to his home
at Bentonville, was badly injured at
Newburg yesterday by a full on the ico.
lULEIGH. NORTH CAROLINA, SAIL RDAY MORNING, DECEMBER 21. 1901.
GIGE IS READY TO
QUIT THE CABIHET
Waits For Roosevjlt to Find
Successor.
10 LEAVE BEFORE SPRING
Roosevelt, However, is Urging Him
to Remain
WAKEMAN REMOVED AT GAGE'S REQUEST
This May Caus? the Secretary to Rtconsidrr
the Matter. He Says He Would do Al
most Anything the President
Might Ask
(By the Associated Press.)
Washington. Dec. 20.—1 tis Secretary
Gage’s intentions to relinquish the
Treasury portfolio as soon as President
Roosevelt can find a suitable successor,
and he has so informed the President.
Mr. Gage would like to be relieved be
fore spring. The President has done all
he could to dissuade Secretary Gage from
retiring and will probably continue to
use his efforts in that direction.
Secretary Gage's determination to re
tire was made known to the President
some little time ago, just how long is
not known.
A long conference between the Presi
dent and Secretary Gage was held before
the Cabinet meeting today. But it hacl
nothing to do with the question of tin
Secretary’s resignation. It related t(
the matter of the removal of Appraiser
Wakeman, whose resignation Secretary
Gage requested a few days ago. Ap
praiser Wakeman wrote a letter to Secre
tary Gage declining to resign, and in tin
course of which he took occasion to re
fteet upon the secretary. The President
did not approve the spirit of the letter,
and at the conference it was decided tc
summarily remove Mr. Wakeman.
After the Cabinet meeting Secretary
Gage declined to sav anything about th<
rumor of his resignation beyond the
simple statement that he had not “form
ally’’ resigned.” What I may or may noi
do eventually, I am not prepared to say
now,” said the Secretary. “But I can
say that the relations between the Presi
dent and myself are perfectly cordial
He would do almost anything I ask, and
I would do almost anything he might
ask.”
Later the official announcement w r as
made at the White House that Mr. Wake
man had been removed and that George
W. Whitehead, late Collector of Customs,
of Porto Rico, had been appointed to
succeed him. No further announceineni
was made at the Treasury Department
Secretary Gage decline to make public
Mr. Wakeman’s letter. Alfred W.
Brown, the appraiser of merchandise at
the Port of Boston, has been ordered to
New York to take charge of the ap
praiser’s office there, pending the nomi
nation of George W. Whitehead to succeed
Mr. Wakeman, which will be sent to the
Senate on its reconvening January 6. Mr.
Wakeman will vacate his office tomor
row.
SOUTHERN FURNITURE MEN
ARE TO HOLD AN EXPOSITION
«
An Enthusiastic Meeting at Which Thirty-
Five Factories Were Represented Was
Held at Bigh Point
(Special to News and Observer.)
High Point, N. C., Dec. 19.—What will
be known as the Southern Furniture Ex
position will probably open in High Point
the coming spring. There was a lares
and enthusiastic meeting of our manu
facturers in the mayor’s office when this
question came up.
Thirty-five of the factories here were
represented and all of them gave tho
movement their hearty endorsement. A
committee composed of Mr. M. J. Wrenn,
Dr. W. G. Bradshaw- and Mr. Chas. Ragan
were appointed to look after a suitable
location and ascertain the cost of build
ings. etc. It is thought a building 100
by 200, four stories, will answer the pur
pose. The exposition will be under the
direction of a stock company, and the
very best building that can be had will
be erected. It will require plenty of
space and excellent light.
It has been apparent for
arueng furniture men of the South that
the annual exhibit must come, and it.
seems to be the universal opinion that
High Point is the place. Tt will mean
much to the furniture business of he
South.
ONE THOUSAND DOLLARB
SUBSCRIBED IN ONE DAY.
This Towards SIO,OOO to ba Used to Erect the
Pollen Memorial Building at the v
A and M-
That the people of Raleigh are viewing
with great favor the plan for a Pullen
Memorial Building at the A. and M. Col
lege is shown by the amount of the sub
scriptions made yesterday.
During the day SI,OOO of the SIO,OOO ad
ditional to the State fund which is desired
had been subscribed by the following:
The News and Observer, $100; W. C.
Riddick. $100; Chas. B. Parks, $100: F. E.
Phelps. $100; H. M. Wilson, $100: The
Raleigh Times, SSO; G, T. Winston, $100:
W. F. Massey, $100; R. E. L. Yates, SSO; I
W. A. Withers, SIOO.
Pledges .for the memorial building will
be gladly received by Dr. Winston. To
many of our citizens it will be a pleasure
to aid in the erection of so worthy a
memorial to the memory of so worthy a
citizen.
TO EXPLORE THE BOTTOM
OF THE PASQUOTANK RIVER
Submarine lighting Apparatus Bent to Eliza
beth City to Aid in Search For Miss
Cropsey's Body
(By the Associated Press.)
Elizabeth City, N. C., Dec. 19.—A sub
marine lighting apparatus has just ar
rived from New York to be used in
searching for the body of Nell Cfopsey,
who mysteriously disappeared November
20. Andrew G. Cropsey, of New York,
uncle of the missing girl, sent it. Tbp
electric light apparatus will be em
ployed in exploring the river bottom.
FOURTEEN HOUSES BURNED
Charleston Has a Thirty Thousand Dollar Fire.
Insurance Two Thirds.
(By the Assocated Press.)
Charleston, S. C. Dec. 19.—Fire today
destroyed fourteen buildings in the upper
part of the city. They were mostly frame
structures and the loss is about $30,600.
Among the places burned were several
street show 3, which had recently opened
here for the exposition period. The loss
is about two-thirds covered by insurance.
Payne Says He Wont Succeed Hanna
(By the Assocated Press.)
Milwaukee, Dec. 19. —Henry C. Payne,
the new appointed Postmaster General,
arrived in Milwaukee tonight. In regard
to a statement that he was to succeed
Senator Hanna as the head of the Repub
lican party, Mr. Payne said:
“There ia nothing whatever in that
statement.’’
101 RISTpANUTi
Nearly Fifty Ihousand Bush
els Coasted. *
he Suffolk Peanut Compan/s Storage Ware
house is Consumed While a Snow
Storm is Raging.
(Special to News and Observer )
Suffolk, Va., Dec. 20. —’Nearly fifty thou
sand bushels of peanuts roasting at 4
>’clock this morning in tho midst of a
now storm, made a scene rad scent the
ike of which had never been experienced
jy anybody here. The Suffolk Peanut
Jompany’s principal storage* warehouse
,vas blazing, and millions of white peanut
mils burned to the lightness of cinder.-;,
vere drawn skyward in ihe draught, pud
by the glare of The conflagration they
ould be seen meeting and melting my
iads of falling flakes. The loss is $33.-
503: insurance $28,500. The origin of the
ire is unknown.
THREE NEGROES HANGED
two Meet Death at Birmingham and One at
Bristol.
(Bv the Assocated Press.)
Birmingham, Ala., Dec. 20.—Will Red
ding and Jim Hinton, alias Jim Wintou.
negroes, were hanged here today in the
jail yard.
Jim Winton cut the throat ot his wife
because she refused to leave him. Will
Redding, in a fit of jealousy, shot and
killed Annie Green, his sweetheart, some
months ago.
Bristol, Va., Dec. 20.—Cicero Harris,
colored, was hanged in the Virginia court
house yard at 10.57. The body was sent
to the University of Virginia Medical De
partment at Charlottesville.
Cicero Harris killed Samuel Ware, also
colored, on September 28th last.
Prominent Man Killed by Negro
(By the .Associated Press.)
Bluefleld, W. Va.. Dec. 20.—Dayton H.
Miller, secretary and treasurer of the
Crowe’s Nest Coal and Coke Company,
was shot and killed this afternoon bv a
negro at Tom’s Creek, Va! The murder
has created considerable excitement and
the negro may he lynched.
Adjourn for the Holidays.
(By the Assocated Press.)
Richmond, Va., Dec. 20.—The Constitu
tional Convention adjourned at H:n. |.
m., this morning until noon, Januarv 1
If 02.
The General Assembly also adjourned
today until the l»th of February.
Gea. Toon Improves.
General T. F. Toc.n, the Superintend
ent. of Public Instruction, is improving
daily and his condition yesterday vas
very favorable.
Attorney General Gilmer has been Jo
bed nearly ten weeks with typhoid fever
and his recovery is slow, though he is
getting along very well.
At Helena. Ark., fire destroyed the Non
railed Hotel, King’s drug store and t
residence, entailing a loss of $75,C00, rar
l tally insured.
Mr. French Strange, a promientu citizen
of Atlanta and a native of North Carolina,
died suddenly In that, city Wednesday af
ternoon. Mr. Strange formerly lived in
Fayetteville and he married a daughter
of R. J. Horton, Esq., of Pittsboro, who
survives him.
LtMLY AND HANNA
SUBMIT A REPORT
Court Justified in Rejecting
Schley’s Evidence.
THIS IS THE CLAIM MADE
« \
First Report Declared Unanimous Re
port of Court.
LONG WILL TAKE SOME ACTION TODAY
He Intimates That so Far as tho Department is
Concerned the Entire Schley-Samp-
Son Controversy Will be Then
Disposed Os.
(By the Assocated Press.)
Washington, Dec. 20. —Judge Advocate
Leraly and Solicitor Hanna, today, sub
mitted to Secretary Long their report upon
the bill of objections filed by Admiral
Schley, through his counsel, to the find
ing of the Schley Court of Inquiry. In
substance this report is an argument
supplementary to the argument made by
the writers before the Court of Inquiry.
The principal points are an insistence
upon their contention that the first re
port is the unanimous report of the
Court of Inquiry; that the court was
justified in rejecting Admiral Schley's
evidence by the number of witnesses who
took issue with him and that there is noi
sufficient reason for a re-opening of the
case as requested by Admiral Schley. If
adopted, the report will be forwarded to
Admiral Schley.
The report, as appears from its testi
mony, is solely that of Judge Advocate
Lemly and Solicitor Hanna, and as such
it was laid before Secretary Long. The
Secretary stated that he would not act
upon the report todav. He added that he
would withhold action today on the other
matters pending connected with this is
sue namely Admiral Sampson’s appeal,
Admiral Schley's request to be allowed
to be heard by argument on the appeal,
and the findings of the Court of |nquity
itself. There was an intimation, how
ever, that all of these matters would
receive attention tomorrow and would be
finally disposed far as the depart
ment is concerned. The report is us
follows:
December 20th, 1901..
Sir:—The communication, dated the 18tli
instant, signed by Rear Admiral W. S.
Schley and Isidor Raynor, and James
Parker, his counsel, objecting to the a >-
ppoval of the findings of the Court of
Inquiry in the case of Herr Admiral
Schley and asking particularly that what
the signers are pleased to term “The
opinion of the majority of the court, he
remitted to the court for further consid
eration. has been received by the depart
ment’s reference and is returned with the
following statement:
It is somewhat difficult to deal with
this paper on account of its general and
'tion-specific character, and sweeping
though unsupported assertion of opinion
by the applicant and his counsel, that.
In their judgment, the adverse finding
of the court is not justified by the evi
dence. The paper might be dismissed as
simply a not unexpected grpression n f dis
satisfaction with an adverse judgment,
but for the fact that it contains a num
ber of misstatements and, particularly,
has woven throughout its entire structure
an 'lnaccurate and misted'cllng’ use of the
words ‘majority of the L-mtrt.’
The findings of fact and the opinion cf
the court of inquiry in the case of Ad
miral Schley upon the more important
and material points before it were not
reached by a majority of the members
only, but by the entire court. The points
of the precept upon which all the mem
bers of the court unite appear to be in
controvertibly established -by the evi
dence; if is not understood how any other
conclusions could have bpeu reached upon
them: 'and they constitute the essential
features of the entire matter under in
quiry-
Tin* evidence adduced before the court
conclusively shows:
Under the Ith clause of the precept'
That on the 26 of May, 1898, when with
in a few miles of Santiago, to which
point he was under orders to proceed
with the utmost dispatch, and where he
was advised that the enemy’s fleet was
reported to be, and where in fact it ac
tually was, Commodore Schley turned
about with the fleet under his command,
consisting of some of the best vessels of
the American navy, and headed for a
home port, more than seven hundred
miles distant, without sufficient reason or
excuse for such action, taking with him
at. the same time the scouting 'Vessels
the department had sent there tp watch
the entrance, and leaving the port of
Sautiago, with the enemy's fle*>f inside,
unguarded. Upon this point the court
says in its opinion:
“He .should not have made the retro
grade turn westward with his squadron.”
In the face of the facts the court could
not have found otherwise.
Under thr. sth clause of the precept:
That while thus abandoning the field of
action with his fleer. Commodore Schley
was overtaken by a dispatch vessel bear
ing an urgent order, dated May 25th.
from the department, in substance di
recting him to proceed to Santiago, as
cot tain facts, report, and not. fcufter the
enemy to escape; that., nevertheless, he
continued to retreat with bis squadron,
telegraphing to the Secretary of the
Navy:
“It its to bo regretted that tho depart
ment’s orders cannot be obeyed.” The <
< curt found that he “should have prompt
ly obeyed the Navy Department’s orders
of May 25th.’ Disobedience of an ini- '
portent order in time of war having been
thus virtually confessed, no other find
ings by the court was possible.
Under the 6th clause of the precept:
Commodore Schley’s explanation of the
retrograde movement and of his disobed
ience o? orders as made at the time in
a full telegram to the department an the
subject was, in substance, shortage of
coal and inability to coal the ships of
his squadron from the collier. Evidence
developed before the eourt shows that
the squadron was at the time Veil equip
ped with coal, and that coal had been
and could be readily taken from the col
lier. There was nothing for the court
but to and as it did that Commodore
Schley’s official reports regarding the
coal supply and the coaling facilities
of the Flying Squadron were “inaccurate
and misleading.” An attempt to Justify
by inaccurate and misleading official re
port* the turning homeward of a power- I
ful squadron at a critical period of war |
in disobedience of orders is a very seii
ous matter.
Under the 7th clause of the precept:
The evidence adduced before the court
shows that during the whole of the 29th
and 30th of May the Cristobal Colon and
other vessels of the Spanish squadron,
“lay in the entrance to l&ntiago harbor,
the Colon moored in plain sight, broad- I
side to the entrance, that this harbor tv:**
defended by weak batteries, and there
! was nothing to prevent the Flying Squad
ion from destroying the Colon and per
haps other of the enemy’s vessels as they
lay at anchor; that no effort whatever
was made to do so on the 29th or cn
ihe 30th of May; and that the attempt
made on the 31st, was brief and abortive.
It is complained in paragraph 16 of the
paper above mentioned, that certain cau
tionary orders issued by the department
were not “in the slightest degree’’ re
ferred to by the court.
These cautionary orders were intro
duced in evidence, and fully discussed in
argument. We contended that, quite ob
viously, they had no application to the
conditions existing at Santiago on the
29th, 30th and 31st of May, and the find
j ing of the eourt, that Commodore Sclilev
“should have endeavored to capture or
destroy the Spanish vessels at anchor
near the entrance of Santiago harbor on
May 29th and 30th,” and that “he dill
not do his utmost with the force under
bis command to capture or destroy the
Colon or vessels of the enemy which he
attacked on May 31st.” Show that the
court reaphed such conclusion.
It may very properly be added that
the claim of the applicant and counsel
that the affair of May 31st was intended
merely as a reconnoissance, is not borne
out by the evidence, for while testi
mony was Introduced to show that it was
! so designated by Commodore Schley in
conversation with a naval cadet anil
with a newspaper correspondent prior to
entering upon it, none of the command
ing officers of the vessels engaged was
so advised, and no instructions were given
j relative to the takin of notes of the en
! aemen'. The cominandin officers were,
on the contrary, informed, in effect, that
the purpose was to destroy the Colon, and
tbe officers in cjiarpe of the turrets of
the Massachusetts were instructed a>
oordinly by the Commodore tn pers »n.
Undqr the 9th clause of the precept:
The evidence adduced before the court,
from the bridge, and front the engim*
Iroom, showing that the Texas was stop
ped and backed “to avoid possible col
lision” Brooklyn is indisputable.
That danger and delay to the Texas and
loss of distance and position by the
Brooklyn were the immediate results
of tho libop executed by the latter vessel,
is too clearly shown to admit of doubt,
rnd the finding of the court upon this
point is fully sustained by the evidence.
I Under tho 10th clause of the precept:
;It was established by the introduction
before the court of the original letters
themselves that Rear Admiral Schley ob
tained from Lieutenant Commander
Hodgson, a junior officer who had served
under him, a categoorical statement that
a “colloquy” reported in the public press
to have taken place o nthe bridge of the
"Brooklyn,” July 3rd, between himself
and Commodore Schley, “never occurred,”
although Mr. Hodgson had assured the
Admiral that the facts as were
“substantially correct.” that the Admiral
gave out for publication the categorical
denial thus obtained, but did not pub
lish an accompanying explanatory an 1
qualifying letter! and that, subsequently,
although repeatedly appealed to by Mr.
Hodgson. Admiral Schley failed to do
justice in the matter,
j All members of the court agree in find
ing that Admiral Schley “did no justice
to Lieutenant. Commander Hodgson in
publishing only a portion of the corres
pondence w'hich passed between them.”
Upon the points above set forth, which
appear to embrace substantially the im
portant matters covered by the inquiry,
the court is united, and its findings are
unanimous; they are sustained by the
unimpeached and unimpeachable testi
mony of Commodore Schley’s brother
officers, who served Avith and under him,
by official telegrams, letters, and re
ports, by the logs of the several vessels
of his squadron, and it. would accordingly
be idle to remit these matters to the
same body for reconsideration upon the
same evidence.
The court is a unit upon all points,
j except, that as to which the admiral ex
pressed individual, but not ]n ail cases
contradictory, views, ft does not appear
that any good purpose will be served by
: asking the court to reconsider these,
j Aside from Ifre “inaccurate and mis
leading” use of the term, “the majority
of the court" the next prominent feature
of the paper before us i.s the broad and
sweeping fashion in which the applicant
and Ills counsel declare that the court
has "ignorodlV or not. "considered’’ evi
dence. A sample sentence is the follow
ing from paragraph 27, although the pa
per is largely made up of such remarka
ble statement*:
I “The majority of the court have ro
j (Continued on Second rage.)
444-4 ♦♦♦♦♦♦♦♦ 4444444* ♦♦
4 THE WEATHER TO-DAY J
4 For Raleigh:
| Fair; Colder.
4444 *4444444 444444*4444
PRICE FIVE CENTS
HOLIDAY TRADE IS
AT ITS MAXIMUM
Conditions in General Busi
ness Active.
THE CAR QUESTION AGAIN
Severe Storms Have Made it More
\ Complicated
COTTON CHANGES LITTLE IN PRICES
Dun Says That if the Official Estimate of the
Current Crop is Accurate Presort Prices
Are Cheap. Two Cents Ba
fcw Last Year's.
(By the Assocated Press.)
New York. Dec. 20.—R. O. Dun & Co’s,
weekly Review of Trade tomorrow will
say:
“Holiday trade reached its maximum
this week, nearly all sections of the coun
try reporting exceptional distribution.
While the class of goods especially stim
ulated by Christmas demand occupied the
position of greatest prominence, general
merchandise was not far behind in ac
tivity. Transporting interests were just
beginning to overcome corgeflteJ condi
tions when severe storms made tho situa
tion more complicated than before. In
many industries it iB not a question of
nding buyers, but. securing the privilege
os postponing deliveries beyond the date
originally specified.
“Retarded shipments caused higher
prices for prompt delivery of pig iron and
steel products at western cities, but con
servatism still marks the course of pro
ducers regarding contracts for the future.
In a few cases the enlarged capacity
makes It possible to promise concessions
or. future business. Pig iron has risen
slightly oh account of tho abort fuel sup
ply and injury to furnaces by the storm.
Despite the present unpnralled demand,
prices are 33 per cent lower than during
the Inflation of 1900. f
“In cotton goods there is much busi
ness ottered but sellers are unwilling
to accept large contracts for future deliv
ery while the raw material markets re
main unsettled. Print cloths are un
changed for regulars with narrow odds
firm and cotton yarns generally higher.
Last week’s gains in these lines are fully
maintained.
“In the grain market which baa h<dJ
fairly steady at some reaction from last
week’s exceptionally high point, there
Is still much evidence of a firm under
tone.
“Cotton is little changed, at about 2
cents below the price of a year ago. Eith
er last year s price was too high or the
present figure is too low; Mill conditions
both here and abroad, indicate a good
consumptive demand, and the size of port
receipts during the next few weeks should
decide the question of prices, although
there is*always the possibility of delayed
shipments by planters. If the official e«-
timate of the current crop was approxi
mately accurate present prices are chcf.u.
“Failures for the week numbered 2iV
in the United States against 293 last year
and 27 in Canada against 18 last year.”
COMPARATIVE COTTON STATEMENT.
m New York, Dec. 29. —For the week end
ing Friday, December 20: Net receipts at
all United States ports during week, 289,-
477; net receipts at all United States
ports during same week last year, 265.9*9;
total receipts to tills date since Septem
ber Ist, 4,270,931; total receipts to same
date last year, 4,227,766; exports for he
week,4. ! is.B49*"Pxportn for same week last
year, 148,175; total exports to this date
since September Ist, 3,107,945; total ex
ports to same date last year, 2,931,133;
stock at all United States ports, 986,757,
stock at all United Stales ports same
time last year, 986,578; stock at all into
: rior towns, 686,974; stock at all interior
towns same time last year, 766.384; stock
at Liverpool, 620,000; stock at Liverpool
same time last year. 542,000; stock of
American afloat for Great Britain, 352,-
000; stock of American afloat for Great
• Britain san.e time last year, 314,000.
j TOTAL NET RECEIPTS.
Now York, Dec, 20.—The following are
the net receipts of cotton at all porta
since September Ist, 1901:
Galveston, 1,233,527 bales; New Or
leans. 1,191,883; Mobile, 111,762: Savannal#.
749,313; Charleston 176,631: Wilmington,
199,029; Norfolk, 267,151; Baltimore, 42,-
182; New York, 81,688; Boston, 45,131;
Newport News, 7,144; Philadelphia, 12,575,
Fernaiidina, 2.000; Brunswick. 66,576; Port
Arthur. 14,130; Pensacola, 70,206; total.
4,270,931. *
TOTAL BANK CLEARINGS.
New York, Der. 20.—Total bank clear
ings weekended December 20: $£,374,-
918,952, ihWease 6.6 per cent outside New
York, $790,310,128, Increase 5.8 per cant.
Dead in an Instant.
(Special to News and Observer.)
Fayetteville, N. C.. Dec. 20.—“1 have
! killed myself,” cried John Carter. 18
years old. und in a Pww, minutes wax
dead.
Yesterday morning Mt. H. C. Carter
and his son, John, went to the coun
try after a load of wood. As they were
returning, seeing a squirrel in a tree
John reached for his gun, pulling it so
him by tbe muzzle. It caught against
the wagon and the load catered the young
mau’s W?tfy.
V