The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-25

AS BRANCH'S COUNSEL
Mccormick Being Charged With Acting
Thus, Robson Leaps to His Feet
in Hfath, But Wainwright
AVerts the Storm. An Au.
lopsy Will be Held.
CBv the AssoeIated Press.)

Il
Annapolis, Md. Nov 24-One of
the most remarkable Incidents in the
history of naval court martials in this
country marked today's session of the
court, which is trying Midshipman
Minor Meriwether, Jr.. in connection
with the fight between himself and
Midshipman James r. Branch. Rear
Admiral Alexander II. 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-,
monS for the prosecution had been
submitted, a proceeding which the
judge advocate said had never been
taken by him in all his years of previ-
Gus experience and of which he had
never heard
The grounds for the challenge APP
peared after the beginning of the
trial and were, first. that Admiral Nc
Cormick had consulted with a high
medical authority fMedical Director
Thomas G. Waion, u. s. N, retired)
i'm relation to the ease; second, that
he had by his repeated and continued
cross examination of the prosecutions
witnesses, practically taken the place
of the counsel for. the accused. and
third, that he had eVinced the posses
sion Of theory i'm the case which
was so rooted that tt would be impos-
sible ito move ii by the Evidence
After Judge Advocate Mark had
stated these grounds Lieutenant Com
mandcr Robson jumped TO his feet
and addressed the judge advocate in
d spirited tone.
captain Mark he said. 81 am a
very young man. You wear more
stripes on your arms than | can hope
TO do for many years. But"
The CoIIoouy Checked.
At this point Captain Wainwright
suggested that counsel address the
court. and the exciting personal col
loquy was avoided. Lieutenant Com
mander Robson continued an argu-
ment to SHOW that il was proper for
a member of the court to ask such
questions as he wished to elicit the
facts in the case. Admiral McCor-
mick said
Il should be deeply mortified if l
thought | had done anything con
trary to the oath / took when | be-
came a member of this court but of
course, if | am relieved of further
duty | shall simply feel that weight
has been removed from my shoulders.
! have had a conversation with Medi-
cal Inspector Thomas G. Walton, and
l asked him what other causes might
have brought about a persons DEATH
and practically the same symptoms
have been exhibited as those due to
external blows | did this in order
that | might ask such questions of
the witnesses brought before the court
us would affirm or negative the posi-
bility of Branch's death having oc-
CURED in the manner charged"
The court was then cleared and
upon its being reopened Admial Ram
sey announced that the challenge
with Admiral Mccormick had not
been sustained
An Autopsy 20 be Held.
Only second in point of interest to
the challenge entered against Ad-
miral Mccormick was the courts de-
cision TO direct the Secretary of the
Navy to order that the body of the
late Midshipman Branch be eXhumed
and an autopsy held. 1t is not cer-
tain how much can be revealed by
an autopsy upon the remains of MIDI
shipman Branch, who has been dead
for about three weeks, but it is be-
lieVed that almost absolute informa-
ton can be obtained as to the exist
ence of any previous diseased condi~
ton of the heart, brain or other or
gans such as would have made death
possible at the time from any other
than the blows received in the fight.
At the request Of counsel for the ac-
cused, the court directed that Medical
Inspector H. +. Ames and Surgeon
James d. GateWood, both of whom
are stationed at Washington. be di-
rected to be present at the autopsy.
The prosecution closed its case this
morning with the testimony OF Sur
geon A. M. Mccormick, and it was of
this witness that Admiral Mccormick
asked the questions forming the basis
for one of the grounds OF the chal-
Ienge by the judge advocate.
Surgeon McCormicl<'s Story.
Surgeon A. ID. Mccormick was the
hrst witness called today He said
Branch could readily nave been in
fiicted in a fight by successive blows
OF the fist incased in light gloves. The
symptoms indicated oedema of the
Drain producing compression.
Surgeon Mccormick was examined
very rigidly by Admiral a. H. Nc
Cormick. of the court the object be-
ing to bring out whether or not any
possible cause of death could have
existed prior to the fight. The wit
ness answered that it was impossible
to say this absolutely III the absence
OF an autopsy. but that there was no
reasonable doubt that the blows had
caused Branch's death. Admiral NC
Cormick evidently was not at all salts
fled thar a. l,of applications on