The Birmingham age-herald., 1905-11-23
MtriWether Courtmartia| Begins
 at Annapolis
LOOKED UPON AS TO0"RATTY'
Code Makes UndercIassmen Turn Square Corners, Abstain From Ladies' Company and Never
 Look at Upper classmen.

Annapolis. Md. November 22.-Midship- man Minor Meriwether. Jr of Lafayette La.. member of the third class of the Naval academy, was put on trial here to- day before a naval court martial on charges that include that of manslaugh- | ter in having caused the death of Mid shipman James R. Branch, Jr., of New York. a member of the class above him. as a result of a prearranged fist fight which took place on the evening of Sun day, November 5. An operation was performed on Mid shipman Branch the next night but he died the following Tuesday evening. The first and gravest charge is man. slaughter in having caused the death of Mdshipman Branch but there are two other charges. the second supported by two specifications. and the third by one. The second charge is violation of the third clause of the eighth article of the rules for the government of the navy. The first specification Is that Meriwether applied to Branch the names of sneak and coward, and the second Is that he assaulted him. The third charge of con- duct to the prejudice of good order and discipline specifics that Meriwether en- gagged in a fight with Branch Unwrltten "code" at the Academy. The sad incident of the death of young Branch under such circumstances has been widely noticed, and has called atten- ton to the existence at the Naval acade- my of an unwrtten code governing the student body. but quite outside the th6ritative regulations and generally in violation of them Under the "code'' every detail of these fights is fixed. the midshipmen on duty abstaining from re- porting them, and excusing from informa- ton those connected with them.
 These facts were very clearly brought out by the judge advocate and in the cross-examination by Iieutenant Com mander Robinson for the defense. The witnesses today included Branch's room- mate. the referee and timekeeper of the contest. and all the four seconds were ex amined In a greater or less degree about all the circumstances of the fight, the connection of the ''code' and their ideas of their duty under the regulations, al- though this subject was not pressed to such degree that the midshipman was put on his defense as to the binding force of his oath, upon entering the institution to obey all its regulations
 The "code system" was therefore not put upon trial, although 1t was very thor oughly ventilated along some lines.
 Midshipmen Conceal Nothing.
 Tn Id1fneSS 10 the Tn1OSnlpmen II SnOuiu be said that every one gave indication of 8 disposition to be perfectly frank, earn estly believing that there was nothing about the system which they should con- ceal, or if there were, they would tell it all, notwithstanding Midshpman A w. Fitch, who referred to the fight, stated that he had officated in nineteen such contests, and Midshipman McKitterck testified that he had taken part in nine. Detailed accounts were given of the ar engagements by which midshipmen on duty acquiesced In absences without leave, and other derelictions In order that the fights might go on, and the testimony also showed that although frequently severe injuries resulted from these fights, and the recipients often had to be taken to the hospital, nothing further was ever heard of them. This the defense brought out in cross-examination, 1t being evidently in- tended to show that the authorities also winked at the code and the pre-arranged fights under it.
 MeriWether Was Too "Ratty"
 Interesting sidelghts to hazing or run ming as 1t is called at the academy de- veloRed from the testimony of one of the midshipmen. Meriwether had been gen. erally disliked, he said because he was too ''ratty,' that is, it was explained, he did not abide by the rules laid down for the government of the lower classmen Some of these were that he should never enter '1over's lane." an academy walk: that he should turn all corners at right angles should not look at an upper class man and should answer most respectfully when addessed by one of them that he must never touch the table, nor ask for anything during meal, and under no cir cumstances fuss" that is. to be in the society of young women. These rules and many others are contained in that part of the "code' relating to the government of under classmen. Branch had been one of the midshipmen who, according to the testimony. determined to make his life mot worth living" for Meriwether, be- cause he would not abide by these rules and from that the enmity arose.
 Federal Attorney Assists.
 A suprise developed in the fact that United States District Attorney John C. Rose. of Baltimore. would assist Captain Marx, judge advocate in the prosecution It Is most unusual for a judge advocate to have assistance and the incident indi- cates how important the present case is regarded by the federal authorities the personal element being entirely subverted to the question of the effect of the "code" at the academy and the subjects of fight ing and hazing, closely connected with it. MT. Rose was assigned to the work by the department of justice at the quest of the navy department and was present at the beginning of the session today.
 The accused is defended by Lieutenant Commander James K. Robinson, United States navy. and James M Munroe of the Annapolis bar.
 The first two witnesses called were Mid ehipmen James P. Van Decarr and Earl w Pritchard, class mates of Branch Their evidence was directly on the second charge. that of quarrelling with person in the naval service, with indirect re- lation to the main charge of man. slaughter.
 Was Going to Fight Branch.
 Midshipman Van Decarr said that his seat at the table was next to Midshipman Meriwether and that on the evening of October 21 Meriwether had told him that Branch had done all he could to make his (Meriwether's) life miserable while he had been at the academy, that he hated Branch and was going to make him fight