New-York tribune., 1905-11-12
No one should complain
Of limited opportunities
for maintaining their
uiqor when the means
for their so doing is in
EVANS ALE.
TO TRY MERRIWETHER.
rOTRT MARTTAL ORDERED.
prompt Action IN NdUdI academy
Case bg Secretary Bonaparte.

Case by secretary 6oadpdTte.
washington Nov. 11.-Secretary Bonaparte
.odsv ordered g. court martial for the trial of
.,dsbiprnan Minor Meriwether. jr, of the third
,Ioss at the Annapolis Naval Academy, in con-
,sotion with the death of Midshipman Branch,
,icb followed q istic encounter between the
two naval students.
Secretary Bonaparte issued the following
statement in connection with the case:
lanes H. Branch. jr, midshipman Second
class at the United States Naval ACADEMY. n.y. oleo
bont 10 o'clock a m. on November last A
hoard Of inquest having been duly convened py
o-der of Rear Admiral James h. Sanos, u o
s1perintendent of the Naval Academy ana
senior officer present IN accordance WIN e tt,e
PROVISIONS OF Articles 1,175 and 1,fb or the
United States Navy regulations, reported uIoef
date of November s. as follows:
1.-The board from a view of the BODY ana
from the evidence before it, is Of the oplnon
that Midshipman James H. Branch 1r' oleo
from the effects of injuries received IN a nsI
fight with Midshipman Minor Merlwetner' 9r-
This was not occasioned by any act OF outy IN
which he engaged
This renort was approved by the convening
officer Prior to the death Of Midshipman
Branch n board of investigation, appointed un-
der the provisions of Article LIZA OF the Cnlleo
States Navy regulations had investigated ana
reported the circumstances preceding and al,
tending the conflict referred to in the finding OF
the hoard of inquest Briefly stated, these cir
curastances were reported by the board OF in
vestigation to be as follows:
RESULT OF INVESTIGATION.
Some personal hostility had existed for some
time past between Midshpmen Branch ana
Meriwether. MidShipman Branch, in the dls-
charge of his duty inspected the quarters Of
Midshipman Meriwether and is alleged to nave
discovered there a suit of civilian clothes. Pos-
session of clothing of this character by nidsnlp-
men is serious offence under the regulations OF
the United States Naval Academy. No report
Of this alleged discovery however. appears S,; 70
have been made by AiidShlpn1an t5ranch- MID
shfpman Meriwether subsequently VISITED the
quarters OF Midshipman Branch and became en-
gagged in angry alteration with the IatleF
on the subject of his inspection of Midshipman
Meriwether's quarters. In the course OF TINS
dispute Midshipman Meriwether is alleged 10
have insulted Midshipman Branch, applying TO
him the epithets Sneak and Coward" After
consultation with other midshipmen, Midship-
man Branch challenged Midshpman Mer1-
wether to a fist fight, and the latter accepted
the challenge. The fight took place on the
evening OF Sunday. November D. 1t lasted be
tween hour and an hour ana a quarter. anu
was finally declared TO be draw by the referee,
having been interrupted by reason OF the re-
ported approach of one OF the o1ncers- AZ lne
conclusion Of the encounter Midshipman Mer1-
yvether appeared to be the more seriously IN
5ured Of the two combatantS and went TO the
hospital, while Midshipman Branch, whose an
juries seemed at first sight superficial. Went 10
his quarters By a report made to the superln-
tendent Of the United States Naval Academy py
the senior medical officer and also by tne eEi-
dence taken by the board Of inquest II is moi
Gated that Midshipman Branch received severe
injuries to the brain the result either OF blows
on the head inflicted during the conflict or OF
falls of which several are said to nave oc-
Cured while IL was in progress
COURT OF INQUIRY NOT NEEDED.
The department no necessity for the ap-
pointment of a court Of inquiry in the premises.
The facts developed by the several reports SUD
,nitted to it as above stated sufficient to
determine it's action in the premises 1t Is clear
that these reports impute to Midshlpman minor
Meriwether. jr, offences OF such gravity that
his trial by court martial is Indispensable. Sec
ton 5341 of the United States Revised Statutes
reads as follows:
vflfully but without malice. strikes stabs.
wounds or shoots at. or otherwise Injuries an
other of which striking, stabbing, wounding,
shooting or other injury such other person dies,
either on land or sea, within or without the
United States. is guilty of the crime of man
slaughter"
The crime of rranslaughter as thus defined, is
punishable under Article % of the articles for
the government of the navy, and Its maximum
punishment has been duly fixed by the Presl-
dent Moreover under the same article, "aS-
saultng and striking another person ID the
navy is defined as "disorderly conduct Gag
gravated case). and its penalty is likewise fixed
by the President. Under the third section or
Article of the articles for the government OF
the navy, "any person in the navy VINO quar-
rels with strikes assaults, or uses provoking
reproachful words, gestures or menaces
toward any person in the navy. is likewise de-
elared to be subject to such punishment as q
court martial may adjudge"; and, finally, any
one Of the three offences above described neces-
sariIy involves the further offence OF conduct
10 IisS prejudice or EOoG OrAcI o1SStpihAct
and as such IS punishable under Article %,
above quoted
In view Of the foregoing facts, q court martial
is hereby ordered for the trial Of Midshipman
Minor Meriwether, jr., third class, on such
charges as may be preferred against him. and
all papers in the case are referred to the judge
advocate general.
SUSPENSION OF JUDGMENT ASKED.
The department feels that 1t has q outy TO dis
charge toward Midshipman Meriwether in con-
nection with this deplorable affair by reminding
the public that he has had no opportunity to
give his version of the affair and that. in view
Of the very serious situation in which he is
placed be will not have such opportunity until
he makes his defence before the court martial
hereby ordered The department therefore
asks es an act Of justice, suspension OF tudg-
lnent respecting his conduct until he has been
heard in his own defence-
All the papers bearing upon the case of Mid
shipman Meriwether have been referred to the
Judge advocate general OF the navy for the