The Birmingham age-herald., 1905-11-12
Secretary Bonapart, Issues Or-
 der on Annapolis Fight
WAS AN ENEMY OF BRANCH
MerIwether Is Alleged to Have Called Branch Sneak and Coward" and Branch Challenged Him
 to Fight.

Washington, November u.-Secretary Bonaparte today ordered a courtmartial for the trial of Midshpman Minor Meri- wether, Jr, of the third class at the Annapolis naval academy. in connection with the death of Midshipman Branch. which followed fistc encounter between the two naval students.
 Secretary Bonaparte issued the follow ing statement in connection with the case:
 James R. Branch, Jr., midshipman. second class, at the United States naval academy died November [ last. A board of inquest having been duly convened by order of Rear Admiral James H. Sands, U. s. N, superintendent of the naval academy and senior officer present, re- ported under date of November as fol- lows: 1@....
 This board from a view of a body, and from the evidence before it. is of the opinion that Midshipman James R. Branch, Jr., died from the effects. of in- juries received in fist fight with Mid shipman Minor Meriwether, Jr This was not occasioned by any act of duty in which he was engaged
 This report was approved by the con vening officer. Prior to the death of Mid shipman Branch, board of investigation had investigated and reported the cir cumstances preceding, and attending the conflict referred to in the finding of the board of inquest. Briefly stated. these cir cumstances were reported by the board of investigation to be as follows:
 Personal Hostility Existed.
 [" Some personal hostility had existed for some time between Midshipman Branch and Meriwether. Midshlpman Branch in the discharge of his duty. in- spected the quarters of Midshipman Meri- wether, and is alleged to have discovered there suit of civilian clothes Possession of clothing of this character by midship- men is a serious offense under the regu- lations of the United States naval acad- emy. No report of this alleged discovery, however, appears to have been made by Midshipman Branch. Midshipman Meri- welher subsequently, visited the quarters of Midshipman Branch and became en- gagged in an angry altercation with the latter on the subject of his inspection of Midshipman Meriwethers quarters. In the course of this dispute, Midshipman Meriwether is alleged to have insulted Midshipman Branch, who used to him the epithet sneak and coward After consultation with other midshipmen, Mid shipman Branch challenged Midshipman Meriwether to a fist fight, and the latter accepted the challenge.
 ""The fight took place on the evening of Sunday, November 5. It lasted be- tween an hour and an hour and a quarter, and was finally declared to be draw by the referee, having been interrupted by reason of the reported approach of one IL n encounter Midshipman Meriwether ap- peared to be the more seriously injured of the two combatants and went to the hospital, while Midshipman Branch, whose injuries seemed at first quite super hcial, went to his quarters. But report made to the superintendent Of the United States naval academy by the senior medi- cal officer and also the evidence taken by the board of inquest indicated that Midshipman Branch received severe in- juries 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
 Courtmartla Is Indispensable.
 ''It Is clear that these reports impute to Midshipman Minor Weriwether, Jr., of lenses of such gravity that his trial by courtmartial is indispensable under sec tion 5341 of the United States revised stat utes.
 'The crime of manslaughter is punish able under article p of the articles for the government of the navy and it's max imum punishment has been duly fixed by the President. Moreover, under the same article, .assaulting and striking another person in the navy is defined as dsor- derly conduct Aggravated easel and it's penalty Is likewise fixed by the President In view of the foregoing facts, court martial is hereby ordered for the trial of Midshipman Minor Meriwether, Jr., on such charges as may be preferred against him, and all papers in the case are re- ferred to the jurge advocate general X 'The department feels that 1t has Hduty to discharge against Midshipman Meriwether in connection with this de- plorable affair by reminding the public that he has no opportunity to give his version of the affair and that in view of the very serious situation in which he IS placed, he will not have such opportunity until he marks his defense before the courtmartial hereby ordered. The depart ment, therefore, asks as an act of justice, suspension of judgment respecting his ln. l,t