New-York tribune., 1905-11-23

third charge. conduct to the prejudice of good
order and discipline. specifies that MeriWethei
ENGAGED IN a night with Branch
-rbs -ad Ineiaant of the death Of young Branch
,,uaor s7cb circumstances has been widely no
tIosd and has called attention TO the existence
At the Naval Academy Of an unwrttten CODE
-oyernne the student body, but outside the
authoritative regulations and generally IN Viola-
Han ar them Under the code every aslaii
of these fights e n1ed. the miashiPlnan on dnlS
sbstsf1Ius from reporting them and eScuslns
from formation those connected WITH theni'
These facts were clearly brought out both oy
The Judge advocate and in the cFoss-eXamlha-
,,on nv lieutenant Commander Robson for the
defence The witnesses to-day Included Branch
roommate. the referee and timekeeper OF the
contest and all the four seconds were examined
about the circumstances of the fight. the connee-
ZION of the code and their ideas of their duty
rndrr the regulations although this subject was
mi pressed to such y degree that the midshtP-
man vas put on his defence as 20 the binding
force of his oath on entering the institution. TO
obey all its regulations. The code system
W. therefore, not directly put on trial. although
il was thoroughly ventilated along some lines
In fairness to the midshipmen, 1t should be said
that every one of them gave indication OF en-
deaycring u be perfectly frank and of either
believing that there was nothing about the sys-
TEN that needed concealment or, if there were,
that they would tell il all.
THE MIDSHIPMENs CODE
Midshipnan A. W. Fitch, who was referee of
the hght which was followed by Braneh's death
said he had oficiated IN nineteen such contests
and Midshipnan McKittrick testified that he had
taken part in nine Detailed accounts were
given Of the arrangements by which midshipmen
on duty acQuiesced in absences without leave
and other derelictions in order that the fights
might go on, and the testimony also showed that
although severe injuries frequently resulted from,
these fights and the recipients often had to be
taken to the hospital. nothing further was ever
heard of them. This the defence brought out
on examination it being evidently intended
20 show that the authorities also winked at the
code and the prearranged fights under ii.
Interesting sidelights as to hazing or run
ming aE IL il called at the academy developed
from The testimony OF Of the mtdshipmenr
Aeriwether had been generally disliked, he said,
because he was too "rattY''-that is it was eX-
planned he did not abide by the rules laid down
Tor the government Of the lower class men Some
OF these were that he should never enter
Lovers Lane an academy walk; that he
should turn all corners at right angles, should
ho' look at upper class man and should
answer most respectfully when addressed by one
OF them. that he must never touch the table
nor ask for anything at meal, and under no
circumstances "fuss'-that is 10 be in the So
ciety Of young women. These rules and many
others are contained in that part OF the code"
relating 10 the government of under class men.
Branch had been one of the midshipmen who,
according TO the testimony determined TO punish
Meriwether because he would not abide by these
rules, and from that the enmity arose
PERSONNEL OF THE COURT.
The court as originally convened by order of
the Secretary of the Navy, consisted Of Rear
Admiral Francis NJ Ramsay. president; Rear
Admiral Alexander H. Mccormick (retired),
Rear Admiral Albert S Barker Getired), Com
modore r. L. Phythian {retired)- Captain RiTA-
ara Wainwright. Captain Samuel P Comley.
Commander Sidney A. Staunton, Commander
Bradley A. Fiske Lieutenant Commander
George P Clark Lieutenant Commander J"hn
Z Crs ven Lieutenant Orton ?. Jackson Lieu
tenant Ridley Mclean and Lieutenant Edward
7. Constein TIE cour, was changed. however,
- the withdrawal Of Commodore Pnythlah'
Who vas excused al his own request. ana Cap
tEin E E Berry detailed in his place,
and ny the decision OF the court that Com
nlxncer Staunton wns not qualified TO SIT IN