The daily morning journal and courier., 1905-11-23
UNWRITTEN CODE Revelation at Trial of Cadet Meriwether for Killing Midshipman Branch
 in Fight.
GOVERNED STUDENT BODY
QUITE OUTSIDE THE AU1HoRL-
 TATIVE REGULATIONS

Startling Condition of Anairs st Annap-
 OIiS-Branch and ATeEawether Both Called Each Other Hard Names-.Ar-
 arrangements by Which Cadets Wero
 Excused by Monitors When They Had
 Been in Fight-Details of the Dif-
 ferences Lending to The Eatal Mee4-
 ing-Important Testimony of Rraneh,a E Roommate.
 Annapolis. Md, Nov. -A1idshipnan Minor Meriwether, Jr., of LsaRayette, La, a member for the third class of the naval academy was put on trial here to-day before naval court martial on charges that include that of man. slaughter in having caused the death of Midshipman James R. Branch, IT,. ot New York, a member of the class above him, as a result Of pre-arranged fist fight which took place on the evening of Sunday, November 5, last. An oper- ation was performed on Midshipnaan Branch the next night, but he died on the following Tuesday morning.
 The first and gravest charge is man. slaughter in having caused the death of Mtdshipnan Branch, but there are two other charges, the second support ed by two specifications and the third by one. The second charge is of viola tion of the third clause of the eighth article of the rules for the government of the navy. The first specification is that MeriWether applied to Branch the names of t'sneak' and ''coward," and the second that he assaulted him The third charge of conduct to the prejudice of good order and discipline, specifics that Meriwether engaged in fight with Branch.
 , The sad incident of the death of young Branch under such circtlrn- stances has been widely noticed and has called attention to the existence @at the naval academy of an unwritten code governing the student body, but quite outside the authoritative regllla- tions and generally in violation of them. Under the code every detail of these fights is fixed; the midshipmen on duty abstaining from reporting them and excusing from formation those connected with them. These facts were very. clearly brought out both by the judge advocate and in the cross exam ination by Lieutenant Commander Rob- inson for the defense The witnesses to-day included Branch's roommate, the referee and timekeeper of the con- test and all the four seconds were ex- amino in a greater or less degree about allgthe circumstances Of the fight. the connection of the "code'' and their ideas of their duty under the regula- tions, although this subject was not pressed to such a degree that the mid shipman was put on his defense as tu the binding force of his oath, upon en- tering the institution to obey all it's regulations. The "oode" system was, therefore, not directly put on trial al- though it was thoroughly ventilated along some lines. In. fairness to the midshipmen, 1t should be said that everyone of taem gave indications of endeavoring to be perfectly frank ana Of either believing that there was nothing about the system that they need conceal, or if there were, that they would tell 1t all now. Midshipman A. W. Fitch, who refereed the fight, which was followed by Branchs death, stated that he had officiated at nine- teen such contests and Midshfpi1nan McKittrick testified that he had taken part in nine Detailed accounts were given of the arrangements by which midshtpmen on duty acquiesced in ab- sences without leave and other derelic- tions in order that the fights might go on and the testimony also showed that although frequently severe injuries re- suited from these fights and the rscip- ients often had to be taken to the hos pital, nothing further was ever heard of them. This was the defense brought out on cross examination, it being ev- idently intended to show that the au- thorities also winked at the code and the pre-arranged fights under it.
 Interesting side lights to running or hazing, as 1t is called at the academy developed from the testimony of one of the midshipmen. Meriwether had been generally disliked, he said, because he was too "ratty," that is, it was ex- plained, that he did abide by the rules laid down for the government of the lower classmen. Some of these were that he should never enter .'lovers' lane," an academy walk. that he should turn all corners at right angles, should not look at upper classmen, and should answer most respectfully when addressed by one of them, that he must never touch the table nor ask for anything during a meal, and un- der no circumstances fuss that IS, to be in the society of young women. These rules and many others are con tained in that part of the code relat- ing to the government of underclass- men.
 Branch had been one of the midship- men, who, according to the testimony. determined to make life mot worth i5aor,g