Los Angeles herald., 1905-11-25
REAR ADMIRAL
IS CHALLENG GED
REMARKABLE INCIDENT IN THE
MERIWETHER TRIAL
Not Sustained by Admiral Ramsey.
Court Orders That Branch's
Body Be Exhumed and
Autopsy Made
BY Associated Press.


ANNAPOLIS, Md, Nov. 24.-One of
the most remarkable Incidents in the
history of naval court-martials In this
country marked today's session of the
court which is trying Midshipman
Minor Meriwether, Jr., in. connection
with the fight between himself and
Midshipman James r. Branch. Rear
Admiral Alexander II. Mccormick,
next in point of rank Of the members
Of the court to Admiral Ramsey, its
president, was challenged by Judge
Advocate Mark after the whole testl-
mony for the prosecution had been sub
mitted, a proceeding which the judge
advocate said had never been taken
by him in all his years of previous
experience, and of which he had never
heard.
The grounds for the challenge ap-
peared after the beginning of the
trial and were, first, that Admiral
Mccormick had consulted with a hign
medical authority, Medical Director
Walton, u. S. N, retired, in relation to
the case; second, that he had by his re-
peated and continued cross-examina-
ton of the prosecution's witness
practically taken the place of the coun-
sci for the accused and third, that he
in the case which was so deeply root
ed that it would be impossible to move
1t by the evidence.
I have had a conversation with
Medical Inspector Thomas 9. Walton"
said Admiral Mccormick. 81 did this
in order that | might ask such ques-
tions of the witness brought before the
court as would affirm or negative the
possibility of Branch'S death having
ocurred in the manner charged. 1 am
fully aware that in the end L must
reach my conclusions upon testimony
of the witness before this court and in
that manner only"
The court was then cleared and upon
its being reopened Admiral Ramsey an
nounced that the challenge against
Admiral Mccormick had not been sus-
tanned. Only second in point of inter-
est to the challenge entered against
Admiral Mccormick was the courts de-
termination to request the secretary of
the navy to order that the body OF the
late Midshipman Branch be exhumed
and an autopsy held. 1t is not certain
how much can be revealed by an au-
topsy upon the remains of Midship-
man Branch, who has been dead for
about three weeks, but it is believed
that almost absolute information can
be obtained as to the existence of any
previous diseased condition of the
heart, brain or other organs, such as
would have made death possible at the
time from any other cause than the
blows received in the fight.
The prosecution closed it's case this
morning.
The defense offered two witnesses
during the forenoon session. They were
Midshipman Herbert B. Labhart,
classmate and former roommate of
Meriwether, and Midshipman Norman
Smith, first class man.
During the course of Midshipman
Smiths testimony United States Attor-
ney Rose Of Baltimore, who is associat-
ed in the prosecution with Judge Ad-
vocate Mark, took keen interest In
the evidence given that fighting had
increased since hazing was knocked
out" at the academy. He brought out
very clearly by his Questions that the
midshipmen were still compelled to do
various silly things and obey ridiculous
orders, the impelling force being the
fact that If they do not prove tractable
they must fight.