The daily morning journal and courier., 1905-11-25
REMARKABLE INCIDENT
 IN ANNAPOLIS TRIAL
REAR ADMIRAL MCCORMICK CHALLENGED BY THE JUDGE
 ADVOCATE.

Charge That He Was UnduIy SOIicitous
 for the Accused d-A Acknowledges
 Having Personal Conversation With
 Medical Inspector Walton as 10
 Whether Other Causes Might Not
 Have Brought About Death Such as
 Branch's-ChaIIenge Not Sustained.
 Annapolis, Md, Nov. 24.-One of the most remarkable incidents in the his tory of naval courts-martial in this country marked to-day's session of the court which is trying Midshipman Minor Meriwether, jr., in connection with the fist fight between himself and Midshipmen James R. Branch. Rear Admiral Alexander H. Mccormick, next in point of rank of the members of the court to Admiral Ramsay, its president was challenged by Judge Advocate Mark after the whole testi- 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 experi- ence, and of which he had never heard.
 The grounds for the challenge appear ed after the beginning of the trial and were, first, that Admiral Mccormick had consulted with a high medical au- thority CMedical Director Thomas c. Walton, U. s. N., retired) in relation to the case; second, that he had by his continued and repeated cross-exam- fno nF YNTnSaOI1finn9c yVifT1aGSnG practically taken the place of the coun- sel for the accused; and third, that he had evineed the possession of a theory in the case which was so deep rooted that it would be impossible to move 1t by the evidence.
 After Judge Advocate Mark had stated these grounds, lieutenant Com mander Robison, counsel for the ac- cused, jumped to his feet and address ed the judge advocate spiritedly.
 Captain Marix," he said, T am a very young man. You wear more stripes on your arms than I can hope to do for many years. But
 At this point Captain Wainwright suggested that counsel address the court, and a personal colloquy was averted. Lieutenant Commander Robi- son, though Admiral Mccormick srg- gested that the question was one for the immediate consideration of the court, continued an. argument to show that it was proper for a member of the court to ask such questions. as he wished to elicit the facts in the case, and that to fail to ask questions along lines touching which a member was doubtful would be wrong. If the mem bers of the court had asked any irn- proper questions the judge advocate should have objected to them at the time, he said.
 Admiral Mccormick said: q should be deeply mortified if I thought had done any thing contrary to the oath took when I became @ member of this court, but. of course. if am relieved from further duty I shall simply feel that a weight has been removed from my shoulders. I have had a conversa- ton with Medical Inspector Thomas c. Walton, and l asked him what other causes might have brought about persons death, and practically the SeLlllG N4AlgJOlilS 4AcbNS pcGu as those due from external blows. did this in order that I might ask such questions of the witnesses that have been brought before the court as would affirm or negative the possibility of Braneh's death having occurred in the manner charged. I am fully aware that in the end I must reach my von- clusions upon the testimony of the wit nesses before this court and in that manner only"
 The court was then cleared and upon its being reopened Admiral Ramsey announced that the challenge against Admiral Mccormick had not been sus- tained.
 Only second in point of interest to the challenge entered against Admiral Mccormick was the courts deterTnina- tion to request the secretary of the navy to order that the body of the late Midshipnan Branch be exhumed and an autopsy held. It is not certain how much can be revealed by an autopsy upon the body of Midshipman Branch, who has been dead for about three weeks, but 1t. 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 daeth possible at the time from any cause other than the blows re- ceived in the fight. At the request Of counsel for the accused the court di- rected that Medical Inspector H. E.. Ames and Surgeon James D. Gate wood, both of whom are stationed at Washington, be directed to be present at the autopsy.
 The prosecution closed it's case this morning with the testimony of Sur geon AM. Mccormick, and 1t was of this witness that Admiral Mccormick asked the questions forming the basis for one of the grounds of the challenge by the judge advocate.