Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-29
CASE WITH THE COURT
Conclusion of the Coffin Court
Martial Hearing
AT ANNAPOLIS TODAY
KIMBRoUGH'S ROOMMATE, WHIT
MEYER, FIRST WITNESS.
Testimony in Rebuttal of That Re-
fecting on the Victims Character
and Truthfulness.


second days session of the court-martiai
of Midshipman Trenmor Coffin. jr for the
alleged hazing of Mldshipman- Jerdone p
KImbrough began this morning. There Is
great interest in the case it is generally
regarded as the forerunner of a series OF
cases, the facts In which have been dis
covered by the board of investigation now
in session at the academy. The little court
room in the temporary building at the acad-
envy was full of spectators during the day.
An hour was consumed at the opening of
the session in reviewing the testimony given
yesterday.
The first witness on the stand today was
Midshipman Overdown Whitmeyer, the
roommate of kimbrough. He was intro
duced by the prosecution to rebuff the
testimony rejecting on Kimbrough's char
acter for truthfulness He said that he
had never heard Kimbroughs reputation
for veracity questioned, and that in his per-
sonal relations he had always found KIM
brough entirely truthful
MidShipman Frank A. BraiSted. class
mate gave similar testimony. On cross
examination the witness said that some of
the members of the class thought that KIM
brough had not told the truth in regard to
the matter before the court but that the
ideas on the subject were very mixed. There
Were no further witnesses and arguments of
counsel began.
Argument for Accused.
+. S. Theall opened the argument for the
accused. He called attention to the pre-
sumption that the accused was innocent
and also that no presumption of guilt arose
from Coffin not taking the stand.
Mr.. TheaH then addressed the court in
matter OF the testimony of Midshipman
Hewlett. The court, he sad had ruled that
Hewlett, who witnessed Coffin in the room
when kimbrough was standing on his head
did not incriminate himself in telling the
fact. The evidence. he claimed. did not
show that Coffin had done anything more
than Hewlett, so that the court stood COM
mttted to the contention that nothing justi-
flying the charge of hazing had been found
Lieutenant Commander McVey's testi-
mony as to the confession" he said, was
not to be considered. because it had been
plainly shown that the alleged confession
was not voluntary. but that it had been
brought out by inducements offered by that
officer
Lieutenant Commander Harrison, the
judge advocate, quoted from Winthrop in
military form in regard to the rules gov
erntng the introduction of evidence as to a
confession. He made no further remarks
and the case was given to the court
Plea for Exclusion.
The entire argument of Mr.. Thear, coun-
sci for Coffin. a plea for the exclusion
from the courts consideration of certain
evidence or to break its force on technical
grounds. No effort was made to disprove
the hazing by his own witnesses and the
accused was not put on the stand. How
ever he called attention TO the fact that
no presumption of guilt arose from this
circumstance and also that the accused
was presumed innocent until sufficient
proof was adduced to cover every material
element of the charge.
In a very clever manner Mr.. Theall sought
to avail his client of the courts own action
in compelling the strongest witness for the
prosecution, Midshipman Hewlett, to tes-
tfy, although he had sought immunity on
the ground that he would incriminate him
self. Mr.. TheaH urged that no witness had
testified that Coffin had told KimbrOugh to
stand on his head, and that his presence IN
the room was the only thing proved This,
he said had been admitted by Hewlett as
to himself and, therefore, the court stood
committed-Jo the contention that the facts
did not make out a case of hazing Other
wise. he urged Hewlett's testimony should
be expunged as being Of a discriminating
nature.
A strong effort was also made to break
the force of the testimony of Lieut.. Com
mander McVey to Collins testimony
He congratulated the officer, he said on
his fine detective work, but his own evil
dence had clearly shown that Coffin was
put in such a position that he was com
PEELED to make the disclosures that he did
Even Lieut.. Commander McVey had adj
mitted. the counsel said that the confess
sion was voluntary, more or less" and
the court ought not to consider it at all.
The court reached a finding in Collins case
at l2;d0 and took a recess until 2:20.
Decatur's Case Next.
After the disposal of the Coffin case the
court viii take up that of Midshipman Ste
phen Decatur. jr, member of the first
class. against whom a charge Of hazing
rests on four specifications. Three OF these
refer to the hazing of Isaac n. McCrary
OF Calvert, Tex, and the other to the haz-
ing OF Gaylord Church of Meadville Pa.
Both Of these are members of the fourth
class.
1t is alleged that Decatur hazed the for
mer by compelling him to stand on his
head and also by compelling him to con-
tinue two different physical exercises until
he reached the point of exhaustion. In
connection with Church similar specif-
cation is made out.
Decatur stands No. @ in the class of Il9
members which will graduate early next
year. He Will make bitter fight against
conviction, and ii Is understood that he de-
MES the charges absolutely. 1t Is likely
that he Will only be arraigned this after
noon and that the trial will proceed to-
morrow morning.
Midshlpman Warren A. Vanderveer of
Mount Holly, n. j., who is under charge
OF neglect OF duty In failing to report Kim
brough's condition, though Ii had been
made known TO him by inspection, will
have 10 be tried by a court assembled In
a different manner than the Others as the
law under which the present court was
constituted applies only 10 cases OF hazlng.