The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-11-28

Cross Examination OF DIR. Stone.
Two Witnesses for h Defense Ex-
aEeincd.
Annapolis. November 24.-One of the
most remarkable incidents in the his
tory of naval court martials in this
country marked today's session of the
court which is trying Midshipman
Minor M~erriWetRer, Jr., il connection
with the fight between himself and
Midshipman James Il. Branch. Rear.
Admiral Alexander III. Mccormick,
next III point of rank Of the members
Of the court. to Admiral Ramsay, it's
president. was challenged by Judge
Advocate Mark after the whole testi-
snIaiy for the prosecution had been
ID /fted, Il proceeding which the
Se advocate said had never been
tNken by him i'll all his years OF pre-
VlOuS experience and of which he mad
never heard.
The grounds for the challenge ap-
peared after the beginning of the rial.
Il were, first. that Admiral .AIcCOr.
mick had consulted with Il high medi-
cal authority (MedicaI Director Thomas
{. Walton, &. s. n, retired). in rela-
ton to- the case: second, that he had
by his repeated and continued cross eX-
animation of the prosecutions wit
nesses, practically taken the place of
the counsel for the accused; and third,
Vat he had evinced the possession of
theory i'll the case which was so
HOoted that it would be Impossible to
move it by the evidence. After Judge
Advocate Mark had stated these
grounds, Lieutenant Commander Rob
isOn jumped to his feet and addressed
the Judge advocate in d spirited tongue.
Captain MariX,' he said, u am a very
young You wear more stripes on
your arms than l can hope.tO for many
years. But"
At this point Captain wainwright sug-
GeSted that OunSe address the court,
and the exciting personal %cOllOquy was
avoided.
Lieutenant Commander Robson con-
tinued an argument to show that it
was % for Il member Of the court
10 ask such questions as he wished to
elicit the facts in the case. Admiral
Mccormick said:
Il should be deeply mortified if |
thought | had done anything contrary
10 the oath l took when l became a
member Of this court, but of course if
! am relieved of further duty l shall
simply feel that a weight has been re-
moved from my shoulders. | have had
a conversation with Medical Inspector
Thomas G. Walton, and | asked him
what other causes might have brought
about a persons death AID practically
1.-The same. symptoms nave been exhibit
~ as those due to external blows. |
rfd his III order that | might ask such
questions of the witnesses brought be-
fore the court as would affirm or mega
tive the possibility of Branch's death
having occurred in the manner
charged"
The court was then cleared and upon
its being reopened Admiral Ramsey
announced that the challenge against
Admiral Mccormick had not been sus-
tanned.
Only second in point of interest to
the challenge entered against Admiral
Mccormick was the courts determina-
ton to request the secretary of the
navy to order that the body of the late
Midshipman Branch be exhumed, and
an autopsy held. 1t is not certain how
much can be revealed by an autopsy
upon the remains of Midshipnlan
Branch who has been dead for about
three weeks, but it is believed that al
most absolute information can be OBJ
tanned as to the existence of any pre-
viOus diseased condition of the heart,
brain or other organs such as would
have made death possible at the time
from any cause other than the blows
received in the fight. At the request OF
counsel for the accused, the court di-
rected that Medical Inspector III. E.
Ames and Surgeon James ID. Gate
wood, both of whom are stationed at
Washington, be directed to be present
at the autopsy.
The prosecution closed its case this
morning with the testimony of Sur
geon A. NJ. Mccormick, and it was Of
this witness that Admiral Mccormick
asked the question forming the basis
for one of the grounds of the Challenge
by the judge avocate.
ASurgeon \. NJ. D. Mccormick was
first witness called today. He
sd: Branch's injuries could readily
have been inflicted in a fight by
successive blows of the fist in
cased in light gloves. The symptoms
indicated oedema Of the brain, prOduc-
ing compression.
Surgeon Mccormick was examined
very rigidly by Admiral A. H. McCor-
mick, Of the court, the object being to
bring out whether or not any possible
cause of death could have existed prior