Los Angeles herald., 1905-12-01
ANNAPOLIS CASE
GOES To COURT
ARGUMENTS CONSUME MOST
OF THE DAY
Most Serious Of the Charges Against
Merlwether Is Mansiauehter.
tom Brown at Rugby"
Is Quoted
BY Associated Press.

BY Associated Press.
ANNAPOLIS, Nd, Nov. 9O.--Except
for the announcement of the verdict
after it shall have been passed upon
by the secretary of the navy, the
Meriwether courtmartial, in SO far
al the public is concerned, is at an
end.
Today was almost wholly given over
to arguments OF counsel before the
court which Is trying Midshipman
Meriwether OH charges, the most seri-
Gus of which Is mauslaughter in con-
nection with the death Of Midshipman
James K. Branch, jr., after a fist fight
in which he and Meriwether engaged.
James M. Munroe and Lieutenant
Commander J. *. Robinson (the latter
being handicapped by an attack of
tonsilitis) spoke in defense OF the ac-
cused, and Judge Advocate Mark and
United States District Attorney j. C.
Rose for the prosecution. At the con-
clusion of the address of Mr.. Rose the
court was cleared and consideration of
the verdict begun
James Munroe's first line of argu-
.rnent addressed itself to the medical
testimony produced by the defense.
This, he said, was inconclusive except
as to the fact that none of them had
ever seen injuries such as were re-
ceived in this case from fist blows, but
all had seen injuries from impacts
against hard substances as was tesu-
fed to, such as the deceased received
in the falls. Therefore, the court
should hold that the accused had no
criminal connection with the death of
Midshipman Branch
so far as the charge of manslughter
is concerned" Mr.. Munroe said, 1--WE
will rest the case there"
Mr.. Munroe said further:
Disorder Was Only offense
''Lf Meriwether is convicted of any
thing further than disorder he will be
making vicarious sacrifice for the
systems and for the sins of generations,
if they be sins A condition has been
shown in this case which makes it
impossible that the accused should
have refrained from the fight. AS to
the second charge, which includes the
specifications of using provoking words
and assaulting, we find that officers
having charge of the interior discipline
of the academy had a hazy idea of
the position of fighting under these
regulations, 1t was clearly established
that fights for personal insults were
not to be investigated"
AS to the charge of using provoking
language toward Branch, counsel
argued that Meriwether had not gone
to Branchs room to provoke a fight,
but merely to seek an explanation of a
condition which had been intolerable
to him and which. If not obviated,
would have driven him from the
academy.
Twice" he said, "Meriwether had
shown the most generous spirit in re-
fusing to hit Branch when the rules al
lowed him 10 strike, and in offering 70
give UP the fight after having commit
ted all unintentional foul and had
shown the possession of the very quail
ity that made our F'arragut and De-
catur. and that could cause men to fol-
low him into the very jaws of death.
No motive has been shown In this case,
as the specifications allege. On the con-
trary, his conduct has been generous.
"On the third charge of disorder. in
spirit of candor, we must admit that
these acts were disorderly, but the ac-
cused has had his punishment. The
superintendent said that judging from
precedent, dismissal was too severe a
penalty for that offense. We expect the
consideration of the court"