The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-12-01


ever 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
the deceased had received in the falls.
Therefore the court should hold that
the accused had no criminal connection
with the death of Branch.
so far as the charge of manslaugh-
ter is concerned. Mr.. MunrOe said, eve
will rest the case there.
Sacrifice for a System.
Mr.. Munroe said further: IF Meri-
wether is convicted of anything further
than disorders, he viii De made vica-
riOus sacrifice for a system and for the
sins of generations, if they be sins. A
condition has been shown in this case
which makes il impossible that the ac-
cused should have RETAINED from the
fight AS to the second charge, which
includes the specifications Of using pro
vOking words and assaulting, We find
that officers having charge of the in
terror discipline of the academy had
hay idea of the position of fighting
under these regulations. IL was clearly
established that fights for personal in
suits were not to be investigated.
As TO the charge of using provoking
language towards French counsel ar
gued that MeriWether had not gone 10
Branch's room TO provoke a fight. Dut
merely TO seek an explanation Of a
condition that had become intolerabie
to him and which, if not Obviated.
would have driven him from the acad-
Generous Spirit Shown.
Twice Meriwether, he said. had
shown the most generous spirit in re-
fusing to hit Branch when the rules
allowed him TO strike and in Offering 10
give up the fight after having commit
ted an uninteutiOnal foul and had shown
the possession Of the very quality that
made our Farrdgut and Decatur and
that could cause men to follow him into
the very jaws of death. No motive has
been shown i'm this case as the specifi-
cations aIlege: on the contrary, his con-
duct has been generous.
ION the third charge Of disorder. i'm a
spirit OF candor we must admit that
these acts We're disOrderly. but the
accused has had his punishment. The
superintendent said that judging from
precedent. dismissal was too severe a
penalty for that offense. We expect
the consideration Of the court
Autopsy Was Favorable.
Lieutenant Commander James X.
Robinson spoke with great difficulty
on account OF an attack Of tOnsilitis-
/ He said he was delighted that the au-
topsy had been asked and performed.
Il has made Meriwether feel that he
did not cause BTanchs death. and thar
was better than being acquitted on
the ground of reasonable doubt. Lieu
tenant Commander Robinson then read
( from tom Brown at Rugby" about
schoOlbOy fights. and appealed to the
court To say if the principles did not
appear to them to be the right ones
He may have not been exactly right
/ from my standpoint, he said but
/ the traditions OF the academy and the
/ position of the academy authorities To-
wards fighting We're responsible Tor
/ Meriwether's mistaken idea l grant
! that fighting is wrong, but there may
have been a minor penalty inflicted if
( Branch had lived, and the accused is
not responsible for his death
/ The testimony shows that Branch
( had a much better chance of living,
! he said, had he been treated judiciOus-
~ first by his companions and then
by the surgeons 10 whose hands he
fell.
Argument OF Prosecution.
I Judge Advocate MARK 0peicu lDl
I the prosecution. lie said:
There is voluntary and involuntary
/ manslaughter, the latter being the
/ charge in the present case. The court
! listened to an especially fine set of wit
! nesses, particularly the midshipmen.
but there are two exceptions. These
are Midshipman Humphrey, VINO
/ stammered too much when he came on
/ the second time. and told a story that
was contradicted by Captain Colvo-
] cOresse and Midshipman Fitch. whom
] shall impeaCh. Al of the doctors
who had part in the question
testified that death had resulted from
first blows. Opposed TO these was the
testimony OF only one medical wit
ness, DR.. Ames Dr. GlaZebroOk, in
defiance of the practice of courtsmar-
tial. had been kept in court and then
put on the stand. and his testimony
should not be given much weight
Captain Mark then called attention
to certain phases of the medical tes-
| timOny and argued that the great
| weight of evidence sustained the view
of the officers connected with the Ope-
l.