New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-01
"MIDDIE'S" TRIAL CLOSED
FIGHTS WERE ADVISED. y
Meri7cether Case Goes to Navy De-
partment for Decision.

Annapolis, Nd Nov 3O-Except for the an
nouncement OF the verdict after it has been
passed on by the Secretary of the Navy. the
Merwether court martial, so far the public
is concerned, is at an end.
To-day was almost wholly given over to argu-
ments Of counsel before the court which is try
ing Midshipman Meriwether on charges. the
most serious of which is manslaughter, in con
nection with the death Of Midshipman James
r. Branch, jr., after a fist fight. James NJ Mum
roe and Lieutenant Commander John K. Rob-
ison. the latter handicapped by tonsilitis, spoke
for the defence. and Judge Advocate Mark and
United States Attorney John c. Rose for the
prosecution. At the end OF the address of Nj.
Rose the court was cleared and consideration Of
the verdict begun.
At the beginning of the morning session coun-
sci for the defence suggested that the case be
submitted without argument but 20 this the
Judge advocate objected
James M Munroe opened the case for the de-
fence His first argument addressed itself to
the medical testimony This, he said, was in
conclusive except as to the fact that none of
the witnesses had seen injuries such as were
received in this case from fist blows, but all
had seen injuries from impacts against hard
substances, as was testified to, such as Branch
received in the falls. Therefore, the court should
hold that Meriwether had no criminal connec-
ton with the death of Branch 49,. IT,.
$50 far as the charge of mansa lighter is con-
cerned,'' Mr.. Munroe said. I'VE will rest the
case there"
Mr.. AIunroe said further:
If Merfwether is convicted of anything further
than disorder, he will be made a vicarious sac
riffce for system and for the sins of genera
shown in this case which makes it impossible
that the accused should have refrained from
the fight, j therefore hold that the prohibitions
against fighting must have meant fight.
As to the second charge, which includes the
specifications of using provoking words and
saulting, we find that officers having charge of
the Interior discipline of the academy had a
hay idea Of the position Of fighting under these
regulations. 1t was clearly established that
fights for personal insults were not to be in
yestigated. .saza as.sx.s- assa.- Ea.-E. -as"--
We have shown that officers advised fights and
that they have refused to punish fighters when
they have found that fights We're on account Of
personal matters MeriWether, therefore, had
every reason to believe that fights for. personal
reasons were not opposed.
Lieutenant Commander James K. ROBINSON
said. .~.. .s
He may have not been exactly right from my
point of view but the traditions of the academy
and the attitude of the academy authorities
toward fighting were responsible for MeTi-
wethers mistaken idea. grant that fighting
is wrong, but there may have been minor
penalty inflicted if Branch had lived and the
accused is not responsible for his death. IL
The testimony shows concIusively that Branch
had much better chance of living had he been
treated judiciously, first by his companions, and
then by the surgeons into whose hands he fell
Judge Advocate Mark, for the prosecution
said: ~
There is voluntary and involuntary man
slaughter, the latter being the charge in the /
present case. Midshipman Humphrey STAN
mered too much when he came on the second 1
time, and told story that was contradict by 4
Captain Colvocoresses. All five of the doctors /
who had part in the question testified clearly 4
that death resulted from the first blows. OPP
posed to these was the testimony of only one I
medical witness DR.. Ames. DR.. GIazebrook in 4
defiance of the practice of court .martials has
been kept in court and then put on the stand
and his testimony should not have much weight I
If the evidence does show that death was I
caused by cIots and the clots came from a fall /
and not fist blows, / will join in congratulating
the accused, and not ask for a conviction on 4
the charge of manslaughter. But have the falls h
been proved? It is this point L will impeach
the testimony of A1idshipman Fitch Before the
board OF inquiry and the stand the first time
Fitch said nothing about any fall, but when the
point had arisen AlidslIipman Fitch who had
referred the fight. gave evidence of falls IN the Y
fight. I think his evidence should be stricken
out. Fighting is prohibited at the Naval Acad-
envy, and every one knows it. They are con-
Quoted in secret, and this very fight was secret
At the end Of Mr. Roses remarks the court
was cleared, and the consideration of the YER
dict begun.