Evening star., 1905-11-11
Facts as Developed.

Some personal hostility had ex sted for
some tine past between Midsh pm II Branch
and Meriwether. Midshipman Branch. In
the discharge of his duty inspected the
quarters OF Midshipman Meriwether and
is alleged TO have discovered there a suit
of civilian clothes. Possession of co hing
of this character by midshipmen is a seri-
Gus offense. under the regulations of the
United States Naval Academy No report
OF this alleged discovery, however, appears
to have been made by Midshpman Branch.
Midshipman Merfwether subsequently visit
ed the quarters of Mdshipman Branch and
became engaged in an angry alteration
with the latter on the subject of his inspec-
ton of Midshipman Meriwethers quarters
In the course of this dispute Midshipman
Meriwether is alleged to have insulted Mid
Shipman Branch applying to him the cpl
thets sneak and coward After consul
tation with other midshipmen Midshipman
Branch challenged Midshpman Meriwether
to fist fight. and the latter accepted the
challenge. The fight took place on the
evening of Sunday November s. 1t lasted
between hour and an hour and a quar-
ter, and was finally declared to be draw
by the referee having been interrupted by
reason of the reported approach of one of
the officers.
"At the conclusion Of the encounter Mid
shipman Meriwether appeared to be the
more seriously injured of the two COM
batants and went to the hospital while
at first sight superficial, went to his quar-
tiers. BY report made to the superin-
tendent of the United States Naval Acad-
emy by the senior medical officer, and also
by the evidence taken by the board of in
quest it is Indicated that Midshipman
Branch received severe injuries to the brain
as the result either of blows on the head
inflicted during the conflict, or of falls, OF
which several are said to have occurred
while 1t was in progress.
The department sees no necessity for
the appointment of a court of inquiry In
the premises. The facts developed by the
several reports submitted TO It, above
stated, are sufficient to determine its ac-
ton in the premises. 1t is clear that these
reports impute to Midshipman Minor Meri-
wether. jr.. offenses of such gravity that
his trial by Court-martial is indispensable
Law in the Case.
"Section 5341 of the United States Re
vised Statutes reads as follows:
" Every person who unlawfully
and willfully, but without malice, strikes
stabs wounds or shoots at, or otherwise
injuries another, Of which striking. stabbing.
wounding, shooting or other injury such
other person dies. either on land or sea,
within or without the United States. is gull
ty of the crime of manslaughter.'
The crime of manslaughter as thus de-
fined, is punishable under article % OF the
articles for the government of the navy
and its maximum punishment has been duly
fixed by the President. Moreover. under
the same article, 'assaulting and striking
another person in the navy is defined as
'disorderly conduct aggravated case),' and
its penalty Is likewise fixed by the Presi-
dent. Under the third section of article
s of the articles for the government of the
navy. Any person in the navy who quar-
rels with, strikes or aSSau aults, or uses pro-
voking or reproachful words. gestures OF
menaces toward, any person In the navy,
is likewise declared to be subject to such
punishment as cOurt-martial may ad
Judge and. finally, any of the three
offenses above described necessarily in
wolves the further offense of conduct tC
the prejudice of good order and discipline.
and as such. is punishable under article
%. above quoted.
I'm view of the foregoing facts q court
martial is hereby ordered for the trial o.
Midshipman Minor Meriwether, jr.. thirC
class. on such charges may be preferred
against him. and all papers in the case arr
referred 10 the judge advocate general
Suspension of Judgment.
The department feels that it has duty tC
discharge toward Midshpman Meriwether II
connection with this deplorable affair by re
minding the public that he has had no op
| portunity to give his version of the affair
and that In view of the very serious situa
| ton IN which he is placed. he will not hav
| such opportunity until he makes his defenst
/ before the court-martial hereby ordered
/ The department therefore asks as an act o
| justice, a suspension of judgment respecting
! his conduct until he has been heard in hi
4 own defense -