Daily press. [volume] (Newport News, Va.) 1896-current, 1905-11-25
Judge Advocate Challenges Nc
cofmlck as Being Unfit
to Try Case.
COURT OyERRULES lOBJECTlON
Defendant meriwether's Lawyer Not
Allowed to Express His Opinion Of
marix-Deadman'e Body viii Prob
ably Be Exhumed and an Autopsy
4 Viii Then Be Held.
fNy Associated press.1


ANNAPOLIS, MD. Nov. 2i.-One
OF the most remarkable incidents in
the, history Of naval cuurtmaptials In
this country marked today's session
Of the court which is trying Midship.
man s;Aiinor Meriwether. Jr., in con-
nsetion with the fight between him
sell and Midshipman James II. Branch.
Rear admiFal Alexander II. NicCor-
tnIcle ,lext in point of rank Of the
hlsnibers OF the court. to Admiral
RIM Its president, was challeng-
cd biEy tpdge Advocate Mark after tho
%slses testimony for the prosecution
sial Sgeep ADMITTED. proceeding
WhielE the Judge advocate said had
never boom taken by him in all his
ieafsf OF Previous experience.
Mecortliek,s Private investigation.
The grounds FOR the challenge ap.
peared after the beginning of the
trial Sand We're first, that Admiral Nc
Gormick hnl consulted with a high
medical authority (Medical Director
Thomas 6. Walton u. S.. N, retired)
in relation TO the case. second, that
'.ha s,ial Ills rsl,satad al. \ continued
cross'exan,ination OF the Prosecutions
witnesses, practically taken the place
of the counsel fer the accused, and
third. that lie had cyinced the posses.
sion OF a theory in the case which
was so rooted that it would be i'm
possible 10 move il by The evidence.
Calls the Advocate Down"
After Judge Advocate Mark had
stated these grounds. Lieutenapt Com
mander Robson jumped to his feut
and addressed the judge advocate in
q spirited tongue. Captain Mark, :
he said. ~ am =. very young maiI.
You wear more stripes on your arms
than can hope to do for many years.
But"
/ AT this point Wainwright suggested
that counsel address tho court and
the exciting colloouy was avoided.
Lieutenant Commander Robson con.
tinued an argument to show that Il
was proper for q member OF court
to ask such questions rs he wished
20 elicit the facts in the case. Adj
miral Mccormick said:
Mccormick is Sorry.
~ should be deeply mortified il I
thought had done anything contrary
to the oath took when ! became n
member Of this court, but OF course l.
am relieved of further duty shall
simply feel that weight has been re.
moved from my shoulders
The court was then cleared and up
on its being reopened Admiral Ram
say announced that the challenge
against Admiral Mccormick had moi
been sustained.
Body to Be Dug Up.
Only second in point OF interest to
the challenge entered against Admiral
| Mccormick was the courts determine
ton to request the secretary OF the
navy to order that the body of Midship
| man Branch be exhumeu and an au
topsy held.
The prosecution closed it's case this
morning with the testimony OF Sur
geon A. NJ. Mccormick and 1t was of
this witness that Admiral Mccormick
asked the question forming basis for
one OF the grounds Of the challenge by
the judge advocate.
Another Odd Death Recorded.
A startling thing occurred during
the cross examination of DR.. Stone
by Mr.. Munroe Meriwethers counsel
He was asked questions connected
with the death of Midshipman Battle
which occurred Mt the academy last
year. The cause of death was not
certainly revealed by the autopsy, the
witness said. but an old injury IL
the brain was discovered, and 1t was
rumored that this had been OCCASION
ed by an injury which Battle had re-
ceiyed in some hazing, occurring when
he first entered the academy. He had
no personal knowledge of this he said
Reference having been made to a
midshipman who died OF brain trouble