Daily press. [volume] (Newport News, Va.) 1896-current, 1905-12-13
CONVICTED ON TWO COUNTS
eonapar.e Approves CT the Sentence
ana Eow the Prize Fighting stu
dent 'dust Stay Within tie Asa.
derry for One Full Year for hay.
ing a riat Fight.


Confinement Ia III" limits of the
Naval Academy Tor The period Of one
year ana i public rorrimand by the
secretary oi the navy Is the sen.
tenco OF the court in tho case on
.iIdshiElnan Minor Mcriwether. Jr.
tried by courtmartiNi -; annapolis
On the charges Of manslaughtcr. VIC.
lation oil the eighth article ior the
government o. tho navy and conduct
10 the prejudice of good order and
discipline.
All three charges arose from list
light between the accused and Mid
Ehipman James r. Branch. Jr., on
November 5. last. Two days later
Mld9hipman Branch died.
Sentence Approved.
The accused was acquitted OF tho
first charge and found guilty OF tho
second and third Secretary Bona.
parte approved the findings and or.
dcrcd that tho sentence be approved.
but that so much OF the penalty n;
might dchar the accused from scrv.
ice on ANY practice ship attached
10 the academy be RENTED"
Early This morning, the secretary
received q call from Representative
Brousaard. of Louisiana. from whose
district MldshipmAn Mcriwethcr wa;
appointed to the Naval Academy. and
made known To him the sentence oil
the court and the departments ac-
lion thereon. Mr.. DrOussard OK
pressed his satisfaction with both
and 1t 10 understood that no Con.
grensional action will be asked IN
tho cage.
Punishment Considered Light.
The 9ecretary. In his review. says
there 10 perhaps room Tor doubt
whether the punishment imposed
might not have been more justly
severe and approves the action o.
the conrt il sustaining the chal.
lenges OF Commander Stanton as
Il member of the court on the ground
OF prejudice and In failing 70 sus.
Tain the challenge of Rear Admiral
a. J. Mccormick, U. S. ~. retired
on several grounds.
The court found the first charge,
that OF manslaughter. mot proved"
and The accused not guilty" ana
acquitted him thereof. or this this
finding. Secretary Bonaparte SAYS:
Fight Fair One.
Tho department approves these
findings ana this acquittal. The
specification was drawn upon the In
formation rs 10 the cause OF the late
MIdshipman Branch'5 death, which
the. department had prior 10 tho az.
fopsy performed during the trial.
That autopsy disclosed certain facts
which might justify reasonable
doubt whether tho death was In fact
due TO blows inflicted by tho nc.
cuscd, there by at least being pos.
sibtllty that IL resulted from fall.
OF which several occurred during the
fist fight In which these blows were
dealt.
There is ground TO claim with
some force that the manner and
means" whereby the accused did
kill and Stay the deceased, were
those not set forth in the speciilca.
ton. This contention is certainly
narrow and technical. and the depart.
mcnt Is not to be understood as en-.
dorsing it; but the accused was un-
doubtedly entitled to tho benefit OF
any reasonable doubt and the record
disc!oses q state of proof, which If
1t did not compel, at least Justified
an acquittal of this charge"
Fist Fights Are the Rule.
or the second and third charges
of both of which the accused was
found guilty. the secretary says there
was practically no dispute OF tho
facts and that the "deDartmont has