Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-18
MERIWETHER TRIAL
CHARGES AND SPECIFICATIONS
SERVED ON HIM AT ANNAPOLIS.

Charges connected with the fight in which
Midshipman James r. Branch received fatal
injuries from Midshipman Minor Meriweth-
er, Jr, were served on Meriwether at An
napolis yesterday by Commander Adolph
I. Mark, Judge advocate of the court-mar-
tial which will assemble at the Naval Acad-
envy on Wednesday next to try the case.
Commander Mark also had a conference
with Superintendent Sands nregard to ia
ciiities for the court.
Lieut.. Com j. K. Robinson has been de-
tailed as Meriwether's counsel. He said
last night:
II ask for Meriwether. as did Secretary
Bonaparte. that the public judgment be re-
served until his side of this unfortunate
affair is told. He has side, and when 1t
Is known there will be no harsh feeling
toward him from fair-minded people"
Charges and Specifications.
There are three charges against Midship-
man Meriwether and four specific citations
in all, one each under the first and third
charges and two under the second.
The first, the most serious. is the original
charge of manslaughter, under which it is
possible to provide a sentence Of ten years
in penitentiary. The specification Is that
Midshipman Minor Meriwether, jr., did I'M
lawfully engage In fight with Midship-
man James r. Branch on the evening of
November 8, 1905, and did unlawfully strike
with his fist the said Mtdshipman Branch,
infiicting injuries from the effects of which
the said Midshipman Branch died."
The second charge Is the violation of the
third clause of the eighth article for the
government, OF the navy, which provides
that no one in the naval service "shall
quarrel with, strike or assault or use pro-
voking or reproachful words, gestures or
menaces toward any one in the navy"
The two specifications under this head
a re- that Moriwatbar called Branch q L
and coward and that he assaulted him.
The third and final charge is that Of con
duct to the prejudice of good order and dis
cipline,'' under the general regulations. The
specification is that Meriwether engaged in
a fight with Branch.
1t is within the power of the court to find
Meriwether guilty of any or all of the speci-
f1cations and charges, or 1t may find him
guilty of certain specifications and not
guilty of the accompanying charges should
they believe the facts to be as stated. but
not to constitute the charge.
The maximum penalty provided for the
first charge Is dismissal and ten years con-
finement In the penitentfary. That for the
second and third is dismissal. In each case
the court has authority to provide any pun
ishment that 1t should see fit, less than the
maximum If Meriwether is found guilty
on all three charges it would be within the
power of the court to punish him by de-
merits, confinement at the Naval Academy
or in some other manner.
The "Code' Not on Trial.
There seems to be an impression that the
court-martial appointed to try Midshipman
Merlwether for alleged responsibility for
the death OF Midshipman Banch is also to
investigate the so-called code of honor"
involving the settlement Of personal diff
ferenees between midshipmen by glove
fights governed by the rules of the prize
ring. According TO the officials Of the
Navy Department that is an erroneous
view of the case.
In announcing the appointment of the
court Secretary Bonaparte stated. In re-
Spouse to an inquiry. that the Meriwether
court martial proceedings were directed ex-
clusively against the Individual and not
against the alleged practice of glove fights
at the academy. In other words, the case
of Meriwether is to be tried solely on its
individual merits, regardless of any pre-
vious fights which may have occurred be-
tween midshipmen. 1t is not regarded as
necessary to the trial and punishment Of
that 1t should be shown that practice
prevails at the academy OF settling per-
sonal dsagreements by resort to nStfcuffS.
1t Is recognized that such a practice Is con-
trary to the rules and regulations Of the
academy and its recognition by the court
as an institution might be construed as a
partial condonement of the conduct of Mid
shipman Meriwether
Punishments inflicted.
Secretary Bonaparte has also stated that
no proceedings will be instituted by the de-
partment against any of the midshfpmen
who are alleged to have assisted in the fight
between Meriwether and Branch, as ref
cree, timekeepers. seconds, etc. 1t is stat
ed that those young men have already re-
ceived their final punishment at the hands
of the superintendent Of the academy and
that no further action is contemplated with
respect to their connection with the Branch
Meriwether case. Six of them who were
cadet officers have been reduced to the
ranks and received dement's. Eight others
have also received dement's, the number