Evening capital. (Annapolis, Md.) 1884-1910, 1905-12-01
COURT MARTIAL CLOSES.
ARGUMENT OF DEFENSE AND
PROSECUTION ENDED.
Mr.. Rose Protested Against By
Lieutenant Robson - objec-
tion OyerruIed
ton 0verruled

which has been investigating the death
of the late Midshipman James r
Branch and trying Midshipman Minor
Meriwether, Jr. on a charge of man.
slaughter and other specifications
growing out of the death of Branch
came to an end
The court had been in open session
since the morning of last Wednesday.
It's sitings having continued Just eight
days. As had been predicted there
was no additional testimony taken
yesterday morning, there being few
| witnesses summoned to correct the
| typewriter report of their testimony
offered on Wednesday. Among those
was Mldshipman Meriwether, the ac-
cused, who was the last witness
placed on the stand by the defense
As soon as the correction Of testi-
inony had been completed, the cues.
tion of whether or not the arguments
should be taken up was presented to
the court, which then went into exec
utiye session to discuss the question.
After the closed session the counsel
for the accused. through Mr.. James
M. Munroe. announced its willingness
| to proceed at once with the arcu-
ments, Notwithstanding the fact that
it had been proposed TO postpone this
10 give the counsel on both sides time
in which 70 prepare their respective
cases for presentation TO the court and
that Lieutenant. Commander Robson
was absolutely Ill from a severe attack
of tonsilitis.
The defence also offered 10 submit
the case to the court without argu-
ment, but it was afterward arrane ed
that the arguments should begin. al
though United States District Attor-
ney ]. o. Rose. who had been assisting
Judge Advocate Mark in the prose
cution of the governments case was
not present The argument was open i.
ed by Mr. MuDroe for the defense
Mr.. Munroe dealt but slightly with
the testimony submitted either by the
defence or the prosecution. but devoted
his time largely to the effect of the
long sway of the honor code, and the
mitigating circumstances surrounding
and causing the present condition of
Midshipman Meriwether
Mr. Munroe was followed by Mr..
Robinson who, while scarcely able to
speak above a whisper, delivered an
excellent address and held the atten.
tion OF the court and spectators
throughout the time he was on the
floor. Mr.. Rose not being present, the
| Judge Advocate opened for the prose
mp carefully and systematically, AM
presented good argument from his
| standpoint and the evidence adduced
by the governments witnesses. The
whole feature of his argument, how.
ever, and one which, it IS thought.
may lead to another investigation at
| the Academy if not a second cou rt-
| martial, was his announcement of his
| intention to impeach Midshipmen An.
drey Fitch and investigate the varac-
| ity of that young mans testimony be-
fore the court. The Judge Advocate
also had some pointed things to say re-
garding the testifying of Midshipman
| Churchill Humphreys, another wit
ness before the court. He had opened
his argument by congratulating the
| court upon the personality of its wit
nesses, oomplimenting the manner and
department of those summoned both
| by the defense and the prosecution,
| with two exceptions. These two ex-
| ceptions were the two midshipmen
| mentioned.
Captain Mark had said that while
| the elder officers and medical experts
summoned by the court were in way
| old hands at the business ii was notice.
able that the young midshipmen sum.
| moBcd had conducted themselves re-
markably we'll before a court imposed
of some OF the highest officers OF the
| navy. In the case of Midshipman
| Fitch, however. he took decided ex-
| ception. He said that the young mans
| testimony had shown marked change
/ when he was summoned to the Wit
/ ness chair by the defense, to the ad-
missions made by him when he was
| first on the stand at the instance Of
| the prosecution. The particular ex-
| ception taken by the Judge Advocate
| was the lnsistance with which Fitch
had dwelt upon, and the impoI tanee
| he had attached to the account of the
| falls of the two contestants in the
| fight when he had been recalled TO
| testify for the defense. Captain Mark
said that prior to this second calling
before the court-m martial Fitch had
been closely examined three times bY
naval buards and subjected TO long,
close and legal examination regarding
the fight. The first time was before
the inquest board appointed by the SUI
perintendent of the Academy to set
over tie body Of Midshipmsn Branch
the second time was before the board
| If III, sal Office appointed by Admiral
| Sands to make the preliminary inyes-
| tigation of the matter.
After both of these occasions Mid
| shipman Fitch had been summoned by
| the prosecution to testify before the
present court martial. While his tes-
| timony had been given clearly and in
a manner to impress all favoTably,
ON none of these occasions had the
mdshipman mentioned particularly
nor paid any unusual attention TO the
| three falls Of the contestants. which
| falls the defense was endeavoring to
show were the direct cause of the
death of MidShipman Branch When,
however. Mr. Fitch was again pre-
sented before the court, he had de-
scribed at great length and almost
| vividly the falls, which. if taken at
their worth, were the turning point
of the whole case. He expressed won
der at these important incidents hav-
I ing been left out of the three previous
accounts of the fight given by Fitch.
and reiterated his determination of
impaeching the witness. In the case
of Midshipman Humphreys he also
took exception to the witness demean-
or while on the stand for the defence.
rs compared to his behavior when tes-
tifying for the prosecution.
1t had not been expected that tho
other counsel for the prosecution would
be here TO testify when the counsel
for the defense had agreed TO proceed