The daily morning journal and courier., 1905-11-23

members of the class above his, on the ground that he did not observe that part of the code which prescribes :. the manners of underclassmen. and the non observance of which generally lead 1 to 8 fight and certainly to the ill will of the upper classmen. Details of the physical characteristics of the two men were given in the testimony of Passed Assistant Surgeon Robert B. Hoyt, who has charge of the physical department at the academy, which it was generally supposed were all in favor Of Meri- wether. On che contrary, Meriwethep was seven months older and seven pounds heavier than Branch and ex- ceeded him by three and five-eighths inches in height, but Branch had the greater chest measurement and con siderably larger biceps. The great dis parity in Branch's favor was in total strength, in which, according to the fig- ures of Dr. Hoyt, he registered S34 kilo- grams while Meriwether only reached 69S.
 Meriwether is a sprinter and has large experience in fist fights, but was not always careful of his condition. Branch was fine boxer, wrestler and gymnasium athlete and kept in perfect trim.
 The testimony of Captain George F. Colvocoresses, commandant of mid shipmen, was of great importance, and counsel for the defense made a deter mined effort to show that fighting was not regarded by the naval academy authorities as grave offense, and that midshipmen were not adequately in formed as to the fact of it being an offense. Both these implications were ably met by Captain Colvorcoresses, However. He said that he had never allowed any case of the kind brought to his attention to go unpunished, but that the present case was the, first to be brought to his attention in the short period he had been at Annapolis. He further stated that the regulations were read to midshipnfen when they entered the academy, given them in bound form and read and explained at stated intervals. Commander Colvo- coresses, at the request of the judge advocate, laid before the court the gloves which had been given him as the ones worn by the participants Of the fight. They were of the kind known as punching bag gloves, used to protect the hand only and almost without padding, Midshipman Harold V. McKittrick, a classmate of Branch, was then called. He acted as a second to Branch and said that the fight took place in Bancroft hall, and the mid shipmen officers made no report of it, that being according to the general "code." The rounds were two minutes in duration with one minute intermis- sions.
 Early in the fight Branch had one eye closed, but up to the fifteenth round had something the better of it. Then Meriwether had it little in his favor till towards the end, when he appeared much fatigued and clinched to save himself. There were several minor fouls. none of which appeared intentional, nor had they any effect on the outcome of the fight. Once, toward the last, Meriwether fouled by hitting, in clinch, and offered to give up the fight, but this was not accepted by Branch and his seconds. Another time Branch was on his knees and un- der the rules could have been hit, but Meriwether would not hit him. Both of these were points in Meriwether's favor.
 On cross-examlnation an effort was made to show by him that fights gen. erally had the effect of abrogating the ill-feeling between the fighters. The witness said that it was always the custom to have Q general handshaking at the close of the fight, and that this was done in this case. Meriwether, he said, begged the pardon of Branch for the insulting language he had used and the apology had been accepted.
 Other midshipmen connected with the fight was examined, but not at such length. Midshipman A. w. Fitch, who refereed the fight, admitted serving in like capacity at nineteen similar af- fairs The evidence of Churchill Humphrey and c. w. Magruder, sec- onds to Branch and Meriwether, re- spectively, and Leigh Moves, the time keeper, also corroborated the incidents told by McKittrick.
 Earl W. Pritchard, the roommate of Branch, who was recalled to tell all the circumstances connected with Branch's treatment after the fight, said that Branch had been given d hot shower bath and treated with towels soaked with hot twater and applied to his head and body. Branch, he said, had complained about soreness in one arm and parts of his head, but had talked naturally about the fight and other matters. Pritchard had noticed some movement of the leg during Branch's sleep, but had thought noth- ing about it. The witness retired at 2