The Montgomery advertiser., 1905-11-25
MCCORMICK
 CHALLENGED MariX Objects to the Rear
 Admjy,l.
 N ADVOCATE ss0T SUSTAINED New Fss.n' of Hazlng in vSsue at Annapolis. Merriwether Defense Introduce. Witt nesses to show that Authorities of the Naval Academy wi.k-
 ed at Prise Fighting.

Annapolis, Md, Nov. 24.--One of the most remarkable incidents in the his- tory of the naval courtsmartial in this country marked today's session of the court which is trying Midshipman Minor Merriwether. Jr., In connection with the fight between himself and Midshipman James R. Branch. Jr
 Rear Admiral Alexander H. McCor- mick, next in point of rank of the mem bers of the court Co Admiral Ramsay, its President, was challenged by Judge Advocate Marix after the whole testi- mony for the prosecution had been sub mftted. a proceeding which the Judge Advocate said had never been taken by him in all his years of previous experi- ence and of which he had never heard.
 The grounds for the challenge ap- peared after the beginning of the trial and were. first, that Admiral Mccor- mick consulted with high medical au- thority (Medical Director Thomas c. Walton, U. s. N, retired). in relation to the case; second, that he had, by his repeated and continued cross examina- tion of the prosecution's witnesses, practically taken the place of the coun- sel for the accused, and, third, that he had evinced the possession of theory in the case which was so rooted that it would be impossible to move 1t by the evidence.
 Robinson Gets Excited.
 After Judge Advocate Mark had stat cd these grounds, Lieutenant Comman- der Robinson, for the defense. jumped to his feet and addressed the Judge Ad- vocate in a spirited tongue.
 Captain Mark he said, T am very young man. You wear more stripes on your arm than I can hope to do for many years, butt
 At this point Captain Wainwright suggested that counsel address the court and the exciting personal collo- guy was averted.
 Lieutenant Commander Robinson, through Admiral Mccormick, suggested that the squestion was one for the im- mediate consideration of the court, con- tipuing in an argument to show that 1t was proper for 6 member of the court to ask such questions as he wished to elicit the facts in the case, and that to fail to. ask questions along lines touching which they were doubtful would be wrong. If the members of tions, the Judge Advocate should have objected to them at the time, he said.
 Admiral Mccormick said:
 Statement of Mccormick.
 T should be deeply mortified if I thought I had done anything contrary to the oath I took when I became a member of this court, but of course if I am relieved of further duty, I shall simply feel that weight has been re- moved from my shoulders. I have had a conversation with Medical Inspector Thomas c. Walton, and I asked him what other causes might have brought about a persons death and practically the same symptoms have been exhibit ed as those due to external blows.
 T did this In order that I might ask such questions of the witnesses brought before the court as would affirm or negative the possibility of Branchs death having occurred in the manner charged. I am fully aware that in the end I must reach my conclusions upon the testimony of the witnesses before this court and in that manner only"
 The court room was then cleared and upon It's being re-opened Admiral Ramsay announced that the challenge against Admiral Mccormick had not been sustained Only second in point of importance of the challenge entered against Admiral Mccormick was the courts decision to request the Secre- tary of the Navy to order that the body of Midshipman Branch be exhumed and an autopsy held. It Is not certain how much can be revealed by an autopsy upon the remains of Branch, who had been dead for about three weeks or whether much absolute information can be obtained from such an examina- tion
 At the close of the morning session the court granted a request of the counsel for the accused that the body of the late Midshipman Branch, whose death occurred after his fight with Meriwether, be exhumed and an au- topsy held. The case has reached the stage where essential points rest on matters which the experts admit could not be satisfactorily determined with out an autopsy.
 Branch has now been dead three weeks, and the surgeons at the trial say that 1t Is not certain how accurate the results obtained will be.
 However, the cross-questions asked of the prosecutions witnesses show that they expect to raise a doubt as to the good physical condition of Branch previous to the fight. The ex- perts all admitted on the stand that all their conclusions would have been strengthened if an autopsy had been performed, and that possibly the re- suit of an autopsy might even have changed their opinion.
 It is expected that the autopsy even now can develop whether Branch had such an organic weakness to make his
 
 blows received in the fight possible, and, furthermore. may develop the ex- act cause of death and connect it, or the contrary. with the blows Branch re- ceived.
 The request was made by Lieuten- ant Commander Robinson after con- clusion of the witness testimony which was announced by Judge Advocate Mark. The court was cleared and af- ter a consultation of a quarter of an hour, it was opened and Admiral Ram say said that the court had determined to grant the request and that the Sec retary of the Navy would be requested to order the body exhumed and a post mortem held.
 Will Be Present at Autopsy.
 Lieutenant Commander Robinson then requested that Medical Inspector Howard E. Ames and Surgeon James D. Gatewood be summoned to be pres ent at the autopsy. The Judge Advo- cate assented to this. and 1t was or dered by the court.
 The prosecutions case is now closed, but evidence can be adduced in rebut- tai after the defense has closed.
 Long lines of further testimony and cross-examination are also opened up by the order to exhune Branch's body