The Montgomery advertiser., 1905-11-30
HE HAD BEEN PERSECUTED
Fought in Order to Exist in
 Peace.
sIidshlpman Williams, Who Has TestI- hed Before the Court-Martiai, Has Been Dismissed rom
 the Academy.

story or the nst uEnt petWetn HUI anu Midshipman James R. Branch. Jr.. which was followed by the death of Branch He closed tswith the words: 'I have never seen him since. We parted as friends.
 He was testifying in his own behalf before the court-martial which is try ing him on charges that embrace ore of manslaughter in connection with tho death of Branch.
 Meriwether was on the witness stand an hour and a half, testifying In de- tail as to the fight and the incidents that led to it. His evidence excited greater interest than has any previous portion of the trial, and while speak ing the accused was at times vistbly affected. When he left the witness stand the defense rested.
 The prosecution called in rebuttai several Midshipmen, Dr. Thomas. neu- roIoeist of the Johns Hopkins Hospi- tai; Surgeon Byrnes of the Naval Acad- emy and Captain George r. Coivoco- resses. comniandant of Midshipmen. It is understood that the argument of counsel win be concluded and the case given to the court on Friday Mid shipman Meriwether was the first witt ness offered by the defense. Meri- wether was warned by the court that he was not obliged to commit himself in any way.
 Testfmony of Mcriwethcr.
 'The first time I saw Mr. Branch was September l. 1904. I was on the Santee and Mir. Branch was put there for misconduct. He made himself generally unpleasant to me during the four days he was there. October 1, we returned and lived on the same floor Just a few doors apart
 Branch began to run me. lt was personal and particularly disagreea- bic. No mfdshipman objects to hazfng, but running gives power to the run rer te insult and Is worse than hazing or physical persecution. Branch fre- quently told me that he Intended 70
 .'J:arit in tfe year I had C fight with Midshipman Humphreys and was knocked out. Branch ran me further and coming at me saying that he was going to report me and did tell the midshipmen in charge. During June I went out in town. Branch saw me and Midshipman Carstein who was on duty, came to my room and told me that he would be reported. Branch told me that he had told Carstein. The report was not published and Car stein asked me about it. Branch said he had asked the report to be put on again"
 While on the Hartford at Newport News. some fruit was being brought nm ship, Witness Branch and many others were helping themselves to the fruit. Branch told him to turn in. Wit ness said Ego to heli' Branch made report of insubordination. disrespect and not turning in promptly.
 Branch Wanted to Fight.
 T told these facts to the executive officer" said Meriwether. and he took off all but the last charge. l heard that Mir. Branch wanted to fight. but paid no attention to 1t.
 About six weeks afterwards we were transferred to the Arkansas I had heard that Branch requested first class men to report me for sneaking.
 When we returned to Annapolis Branch and I were put in different classes. When Branch was put on duty, knew l must be mighty careful, I saw Branch go to my room for an Axtra Inspection. He came to my room and asked me about my civilian clothes and said that l was on pap Koerner, to who mthe clothes belonged, told me he had told Moves about it. I saw Moves talking to Branch. I told him not tc interfere.
 q went to Mir. Bradley and asked him if there had been an extra inspection ord cred He then told me that he would not let the report get in, but that Branch had asked to get q report against me. if he Bradley could.
 That night, after consulting my friends, I went to Branch's room with Jaeger. I asked Pritehard If I could see Branch. was told that l could. I went in Branch's room, and the light was turned on. said that I had come to see him about what occurred Branch said: You are damn fool to come to see me; you know that my class hates you.'
 q said. That is not so. you are the only one who does.'
 Branch then asked, What if I doT
 T said, Then you are a damned sneeaking coward, and will fight you though I am not in a fighting condi- tion. added If you don't get up will lick you
 "He said, You mean you will try
 That's what I will said, and if you get up I will show you.'
 Did Not Get Up.
 He did not get up and after a little further conversation Jaeger and I left the room.
 q called Branch what did because I was told the custom was that fight would end feeling and Branch had told me he was going to bilge me; that is, make mo fail and l wanted to fight and end the matter. I did not intend to Aeht when I went to tho room, but he again told me that ne lntended 10 oilge me"
 Meriwether's counsel then asked him about his refraining from hitting Branch during the fight. although all lowed to do so under the rules. The witness told of the two instances of this explaining that he believed no blows should be struck in a stand-off 6qht. unless men are on their feet. He also told how he fought and offered to give up the fight. but the seconds would not allow it.
 After the quarrel with Branch" said he. "Midshipman McKittrick came ,o my room and told me that he had been appointed Branch's second to ar range a fight. I wanted Jaeger as nine. The details were then arranged. During the fight we first fell under the Minds. About the twelfth round rushed Branch and both fell through the floor.
 terrific upper-cut. It stunned me for some seconds. I returned to his jaw. IIe threw his head back and I returned hut swung my arm around his neck, we fell in that position, his head strik-