The Montgomery advertiser., 1905-11-23
MERRIWETHER BEFORE COURT. Trial of Annapolis Middy
 is Begun. THE FIGHT WITH BRANCH Second Gives D.tails of En-
 counter in Ring. commandaat of Midshipme. Declares That There Is No winking At Prise Fights By Authorities
 of College.

of College.
 Annapolis. Md, Nov. 22.--The court martial assembled by order of the Sec retary of the Navy for the trial of Midshipman Minor Merriwether on the charges growing out of fist fight in which he engaged with Midshipman James R. Branch, Jr., and in which the latter received fatal injuries began at the Naval Academy this morning.
 The members of the court with their rank are:
 Rear Admiral Francis M. Ramsey. re- tired.
 Rear Admiral Alexander Hugh Mo- Cormick. retired.
 Rear Admiral Albert s. Barker. re- tired.
 Commander R. B. Berry.
 Captain Richard wainwright, former superintendent of the naval academy.
 Captain Samuel P. Comfy.
 Commander Bradley A. Fisk.
 Lieut.. Commander George R. Clark.
 Lieut.. Commander John E. Craven.
 Lieut.. Ortcn F. Jackson.
 Lieut.. Gridley Mclean.
 Lieut.. Edward T. Constlen.
 Cadet Commandant Examined.
 Tbe court examined number of witt nesses for the prosecution, including Captain George F. Coivocoresses, who as commandant of Midshipmen, has di- rect charge of the discipline of the in- stitution.
 Most of the testimonies this morning had direct bearing upon the second charge. that of violation of the third clause of the eighth article of the rules for the government of the navy. the specification being that Merriweth- CT had called Branch a sneak and a coward or words to that effect.
 Other important witnesses were mid- shipnen who were present when the cause of the trouble arose and during the course of the evidence the fact of the existence of the code body of laws outside and contrary to the reKu- lations of the institution was clearly established.
 A notable incident which occurred just at the beginning of the trial was the objection made by counsel for the defense of cotnuaAnder syBder staunton as 8 member of the court on the ground that he had Expressed the opinion that Merriwetl1er should be dismissed from the Academy and the sustaining of the objection ou the part of the court.
 Defense of staunton.
 Commander Staunton made the state- nent to the court that he had, just af- ter the affair became public. said that
 
 in fight should not be allowed to re- main in the academy. but that he had not expressed an opinion on the crimi- nal charge involved. He said that he felt able to give Q verdict on4the evil dence without prejudice. The court was cleared and after consultation it was determined that Commander Staun- ton could not sit in the case
 A surprise developed in the fact that United States District Attorney John c. Rose. of Baltimore. would assist Captain Marx, judge advocate, in the prosecu- tion. It is most unusual for judge advocate to have assistance and the in- cident indicates 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 fighting and haz- ing. closely connected with it, Mir. Rose was assigned to the work by the department of justice at the request of the navy department and was present at the beginning of the session today.
 The accused is defended by Lieuten- ant Commander James K. Robinson, United States Navy, and James M. Munroe, of the Annapolis bar.
 Classmates of Branch.
 The first two witnesses called were Midshipmen James r. Van DeCarr and Earl W. Pritchard, classmates of French. and their evidence bore direct ly on the second charge, that of quar- relling with a person in the naval ser vice with an indirect relation to the main charge of manslaughter.
 Midshipman Van DeCarr said that his seat at the table was next to Midship- man Merriwether and that on the eve ming of October 31. MerrImether had told him that Branch had done all he could to make hls (Merrfwether's) life miserable while he had been at the academy, that he hated Branch and was going to make him fight If there was any fight in him; that there were only a few people that he hated and that Branch was one of them. The next day, Midshipman Van DeCarr tes- | tified, Merriwether had said that 1t was all fixed and that he and Branch had arranged to fight
 Midshipman Earl W. Pritchard, the next witness, was the room mate of Branch and is also from Louisiana His testimony was of the utmost im- portance. covering the whole facts in | the incident that led directly to the Light, Merriwether had. he said, come | to the room occupied by himself and 1 Branch, accompanied by Midshipman YeaEer. Branch had gone to bed, but rose on his elbow and turned on q light just above him, remaining in that l positfon during the conversation.
 Merriwether Accuses Branch.
 Merriwether accused Branch of act- ing unfairly towards him by using his oficial position as Midshipman in charge of the floor to report him about the matter of dress suit containing civilian clothes and charged Branch with having a grudge against him.
 The latter Branch admitted. Merri- wetber then said that Branch was "a damned low down sneaking coward" Branch then told Merriwether that his class could compel him to leave the | academy and to this Merriwether an- | swered that he did not care if they did; that he was not going to be used badly by any one.
 The conversation continued, Pritch- ard said, and Branch told Merriwether that he had only reported one man | since he had been at the academy and that he could not help. Merriwether reioined that if he ever reported him l he would have to fight. There was some further talk about the standing of the families to which they belonged and the affair closed with Merrj wether calling Branch "a sneaky coward" "a damn coward" and mo gentleman" Was Advised to Fight. After Merriwether and Yeager had left, Branch asked the witness what he should do and was told that a fight