The Montgomery advertiser., 1905-12-01
Academy had hazy idea of the posi- tion of fighting under these regula-

Academy had hazy idea of the posi- ton of fighting under these regula- tions.
 Tt was clearly established that lights for personal insults were not to be in- vestigated. We have shown that of ficers advised lights and that they have refused to punish fighters when they have found that fights were on account Of personal matters Meriwether there fore had every reason to believe that fights for personal reasons were not opposed"
 As to the charge of using provoking language toward Branch. counsel ar gued that Meriwether had not gone to Brancli's room to provoke a fight, but merely seek an explanation of con- dition that had become into1erable to him and which If not obvfated would have driven him from the Academy"
 Generosity of Merivvether.
 Twice Meriwether," he said, "had shown the most generous spirit in re- fusing to hit Branch when the rules al- lowed him to strike. and in offering to give up the fight after having commit ted an unintentionaI foul and had shown the possession of the very quality that made our Faragut and Decatur and that could cause men to follow him into the very jaws of death- No motive has uctfi SuOWH tAth CdoG nc AA0 EPCCtH- cations alleged. On the contrary his conduct has been generous.
 "On the third charge, of disorder, fin a spirit of candor we must admit that these acts were dsorderly. but the ac- cused has had his punishment. The superintendent said that judging from precedent dismissal was too severe penalty for that effense. We ask the consideration of the court. If the &C., cused had immediately retalfated for Branch's visits he would have been of lending against the rules of the acad- emy and the traditions of the institu- ton. but he chose the method that had becn shown to him to be the right one"
 Lieutenant Commander James K. Robinson spoke with great difficuity on account of an attack of tonsilitis. but said he would call attention to a few points. He said he was delighted that the autopsy had been asked and per- formed. It has made Meriwether feel that ho did not cause Branch's death and that was better than merely being acquitted on the ground of reasonable doubt.
 From Tom Brown at Rugby.
 Lieutenant Commander Robinson then read from From Brown at Rugby" about school boy fights and appealed to tho court to say if the principles did not appear to them to be the right ones.
 He may not have been exactly right from my standpoint" he said. but the traditions of the academy and the pos sitfon of the academy authorities to- wards fighting were responsible for Meriwether's mistaken Idea. grant that lighting 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 testi- mony shows conclusivefy that Branch had a much better chance of living had he been tre1ted judicIously first by his connexions and tfen by the sur- geons to whose hands he fall
 Judge Advocate Marfx opened for the prosecution. He said:
 There is voluntary and involuntary manslaughter, the latter being tho charge in the present case. The court listened to an especially fine set of witnesses. particularly the midship- men. but there are two exceptions. These are Mldshipman Humphrey. who stammefed too much when he cffne the second time and told a story that was contradicted by Colonel CoiyOcoressos and Midshipman Fitch. whom shall ifnpeach All five of the doctors who had part in the question. testified clearly that death resulted from the fist blows. Opposed to these was the testimony of only one witness. Dr. Ames.
 Attacks Dr. Gfaxehrook.
 "Dr. Glazebrook, in defiance of the practice of court-martial, has been kept in court and then put on the stand, and his testimony should not be given much weight"
 Captain Mark then called attention of certain phrases of the medical testi- mony and argued that the great weight of evidence sustained the view of ofii- cers connected with the operation. The | signs of the oedema which had caused the death had disappeared when the autopsy had been made nineteen days after death.
 off" said the Judge Advocate, "the evidence does show that death was caused by clots, and the clots came 1 from fall and not fist blows, I will | join in congratulating the accused and | not ask for conviction on the charge of mansiaughter. But have the falls l been proved.
 HIt is on this point will impeach the testimony of Midshlpman Fitch Be- fore the Board of Inquiry and on the 1 stand the first time Fitch said nothing 1 about any fall. but when the point had | arisen Midshipman Fitch. who had re- fereed the fight gave evidence of falls 1 during the fight. I think his evidence | should be stricken out. Fighting is 1 prohibited at the Naval Academy and SNeAy ohS AhoWS It. A person Is re- , sponsible for all the results connected with wrongful act. For a set of yonng gentlemen to propose a brutal. beastly fight is fine thing to offer as an excuse.
 Does Not show Courage.
 "A fist fight does not always show real courage. The best fighter might 1 be the meanest coward in battle. A prize-f fighter Is not hero. The evil dence has shown that Branch was not 1 though his running may have been specially directed toward | to some degree. It Is 4he l custom, believe, ior certain midship- l men to direct their attention to certain | lower class men.
 The Judge Advocate directed partic- ular attention to the incident on board [ the Hartford, when Branch had re- ported Meriwether for charges in con nection with taking fruit.
 Tn explaining his conduct" the | Judge Advicate said: ''Meriwether had not said as he admitted on the stand that he told him to 'go to helI.'"
 In connection with the visit of in- 'pection which discovered the suit case, he Judge Advicate said there was no evidence to show any unlawful act on he part of Branch.
 Mir. Rose, in closing for the prosecu- ion, considered the charges in the re- verse order, taking up. first, that of laving acted in a manner to the preju- lice of good order and discipline.
 He, said that fighting was against he regulations of the navy and that wen were it not, the criminal law ex- sting in Maryland at the time of the