Omaha daily bee., 1905-12-01

which makes 1t impossible that the accused
should have refrained from the fight
LAS to the second charge which includes
| the specifications of using provoking words
and assaulting. we find that officers having
| charge Of the interior discipline of the
! academy had hazy idea of the position
of fighting under these regulations. 1t was
clearly established that fights for personal
insults were not to be investigated"
AS to the charge Of using provoking lam
guage toward Branch, counsel argued that
! Meriwether had not gone TO Branch's room
| to provoke a fight, but merely to seek an
| explanation of a condition that had become
| intolerable to him and which II not obvi-
! ated would have driven him from the
academy.
"Twice Meriwether" he said, had shown
the most generous spirit in refusing to hit
\ Branch when the rules allowed him to
strike and in offering to give up the fight
| after having committed an unintentional
| foul. and had shown the possession of the
very quality that made our Farragut and
Decatur and that could cause men to fol-
low them into the very jaws of death.
| No motive has been shown In this case as
! the specifications allege. on the contrary
his conduct has been generous.
| ION the third charge, OF disorder, in
| shirt of candor we must admit that these
acts were disorderly. but the accused has
had his punishment The superintendent
said that, judging from precedent dis
missal was too severe a penalty for that
| offense. We ask the consideration OF the
| court"
Lieutenant Commander James X Robin
son spoke with great difficulty on account
of an attack of tonsilits. He said he was
delighted that the autopsy had been asked
and performed 1t has made Mertwether
feel that he did not cause Branch's death
and that was better than merely being
acquitted on the ground of reasonable
doubt Lieutenant Commander Robinson
| then read from tom Brown at Rugby
about schoolboy fights. and appealed to
the court TO say II the principles did not
appear to them TO be the right ones.
HE may have not been exactly right
from my standpoint" he said, but the
traditions Of the academy and the position
: of the academy authorities toward fighting
were responsible for Meriwether's mis-
taken idea. / grant that fighting is wrong,
but there may have been minor penalty
inflicted II Branch had lived, and the ac-
cused is not responsible for his death"
The testimony shows that Branch had a
much better chance OF living, he said. had
he been treated judiciously first by his
companions and then by the surgeons to
whose hands he fell
Mark for Prosecution.
Judge Advocate Mark opened for the
prosecution. He said:
There is voluntary and involuntary man
| slaughter the latter being the charge in
| the present case. The court listened TO an
especially fine set of Witnesses particularly
e eee mnaS' Phese are Midshipman Hum
phrey, who stammered too much when he
came on the second time and told story
that was contradicted by Captain ColVo-
coresses, and Midshipman Fitch whom
shall impeach. All five of the doctors tes-
tied clearly that DEAN haa resuitf fS IRON rom
timony Of only one medical Witness Dr.
Ames.
tice of courtsmartials, has been kept I'm
court and then put on the stand, and the
e testimony should not be given much
Captain Mark then called attention to
certain phases Of the medical testimony
de8ce srs sustaned the SeW OF the
connected with the operation. The sights
OF the oedoma. which had caused the
death, had disappeared when the autopsy
had been made, nineteen days after death.
A. TO the Falls.
II the evidence does show that death
was caused by clots and the clots came
from fall and not fist blows / will join
in congratulating the accused and not ask
for conviction on the charge of man.
slaughter But have the falls been proved
1t is on this point ! will impeach the tes-
timony OF Midshipman Fitch. Before the
70 Board of Inquiry and on the stand the
first time Fitch said nothing about any
fall but when the point had arisen, Mid.
shipman Fitch, who had refereed the fight
gave evidence of falls during the fight
think his evidence should be stricken out
Fighting is prohibited at the naval acad-
envy and everyone knows II. They ar,
conducted in secret and this very hight wai
secret. For a set OF young gentlemen 4
propose brutal, beastly fight is a I'm,
. thing TO acknowledge or 10 ofer as ar
excuse. A INST night does not always show
| real courage. The best INST fighter nigh
be the meanest coward in battle. pTiz,
| fighter is not hero. The evidence hai
. shown that Branch was not malicious
!. though his running may have been spe
| cially directed towards MeriWether 10 som,
degree. II Is the custom. l believe, 10
certain midshipmen 20 direct their atten
ton to certain lower class men. The act
}. of Mr.. Branch along this line were no
severe or unusual and do not cOnstitut,
pr. any mitigations.
The judge advocate directed particular
attention 10 the incident on board the Hart
ford when Branch had reported Meri
wether for charges In connection with TAX
= | ing fruit
In explaining his conduct" the judg
advocate said. "Meriwether had not said