Los Angeles herald., 1905-11-12
MILDLY TO
BE TRIED
Bonaparte Takes Up
Annapolis Case
TOCOurtmartial ManW Who
Fought Branch
Secretary Of Navy Issues Statement
Regarding Fatal Combat-Flght
Resulted From Alteration
Between the Two
BY A ssociated Press.

WASHINGTON, NOV. Il,-SeCTetdTy
Bonaparte today ordered a court-mar-
tial for the trial of 'Midshipman Minor
Meriwether, jr, of the third class at
the Annapolis naval academy, in con-
nect.en with the death of 'Midshipman
Branch, which followed a fistic en-
counter between the two naval stu
dents.
Secretary Bonaparte issued the fol-
lowing statement in connection with
the case:
James Branch, Jr., a midshipman,
second class, at the United States
Naval Academy at Annapolis died
about 10 a. M, November 7.
"A board of inquest having been
duly convened by order of Rear Ad-
miral James H. Sands, u. s. NJ, super
intendent Of the naval academy and
senior officer present, in accordance
with the provisions of articles 1775 and
1875 of the United States navy regula-
tions. reported under date Of Novem-
ber as follows
THE board from a view of the body
and from the evidence before it is of
opinion that Midshipman James H.
Branch, jr., died from the effects Of
injuries received in a fist fight with
Midshipman Minor Merriweather, jr.
This was not occasioned by any act
of duty in which he was engaged.
This report was approved by the
Convening officers. Prior to the death
of Midshipman Branch a board of in
vestigation, appointed under the pro-
visions Of article 1774 of the United
States navy regulations, had investi-
gated this report. the circumstances
preceding and attending the conflict re-
ferred to in the finding of the board
of inquest. Briefly stated, these cir
oumstances were reported by the board
of Investigation to be as follows:
Some personal hostility had existed
for some time past between Midship-
men Branch and Merriweather.
Inspected Merriwether's Quarters
"Midshpman Branch, in the dis
charge of his duty, inspected the quar-
ters of Midshipman Merriweather and
is alleged to have discovered there a
suit of civilian clothes. Possession of
clothing of this character by midship-
men Is a serious offense under the reg
ulations Of the United States naval
academy. No report of his alleged
discovery, however, appears to have
been made by Midshipman Branch.
Midshipman Merriweather subsequent
ly visited the quarters of Midshipman
Branch and became engaged in an
angry alteration with the latter on the
subject of his inspection of Midshipman
Merriweather's quarters. In the course
of this dispute Midshipman Merri-
wether Is alleged to have insulted Mid
shipman Branch, applying to him the
epithets sneak and coward After
consultation with other midshipmen,
Midshipman Branch challenged Mid
shipman Merriweather to a fist fight,
the latter accepted the challenge. The
fight took place on the evening of Sun
day, November g. II lasted between
an hour and an hour and a quarter
and was finally declared draw by the
referee, having been interrupted by
reason of the reported approach of one
of the officers At the conclusion of the
encounter Midshipman Merriwether ap-
peared to be the more seriously in
jured of the two combatants and went
to the hospital, while Midshipman
Branch, whose injuries seemed at first
superficial went to his quarters. A
report made to the superintendent of
the United States naval academy by
the senior medical officer and also the
evidence taken by the board of in
quest indicated that Midshipman
Branch received severe injuries to his
brain as the result either of blows on
the head inflicted during the conflict,
or of falls, of which several are said
to have occurred while 1t was in prog
ress.
Court-MartaI Is Ordered
1.-The department sees no necessity
for the appointment of court of in
quiry in the premises. The fact de-
veloped by the several reports sub
mited to It, as above stated, are suf-
f1cient to determine it's action in the
premises. 1t is clear that these reports
imply to Midshipman Minor Merit
weather. jr., offenses of such gravity
that his trial by court-martial is indis-
pensable.
1.-The crime of manslaughter, as thus
defined, is punishable under article %
of the articles for the navy and it's
maximum punishment has been duly
iIxed by the president.
"In view of the foregoing facts n
court-martial Is hereby ordered for the
trial of Midshipman Minor Merri-
weather, 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
1.-THE department feels that 1t has a
duty to discharge against Midshipman
Merriweather in connection with this
deplorable affair by reminding the pub
lie that he has had no opportunity to
give his version of the affair and that
in view of the serious situation in
which he is placed he will get such an
opportunity before he makes his de-
Tense under the court-martial. The
department, therefore, asks as an act
of justice a suspension Of Judgment
respecting his conduct until he has
been heard In his own defense"
Secretary Bonaparte said today that
the department would take no indepen-
dent action with respect to the mid
shipmen who participated in the fight
between Midshipman Branch and Merri-
weather as referee. seconds, etc, unless
such action is recommended by the
authorities at the naval academy. who
have been instructed to investigate the
matter and apply such disciplinary
measures as they may deem called for
under the circumstances.