The news & observer., 1905-12-13
The Charge Against Meri-
Wether Improved.
SENTENCES IMPOSED
He is Found Guilty of the Other Two
Charges and Must Remain for
One Year Within the Linz
its of the Naval ACad-
nmV
(By the Associated Press. }

Washington, Dee. 12.-Confinement
to the limits of the Naval Academy
for the period of one year and pub
tic reprimand by the Secretary of the
Navy is the sentence of the court in
the case of Midshipman Minor Meri-
wether, Jr., tried by court martial at
Annapolis on the charges of man
slaughter violation of the third clause
of the eighth article for the govern
ment of the navy and conduct to the
prejudice of good order and discipline;
all three charges arising from a fist
fight between the accused and Mid
shipman Jas. r. Branch, Jr., on No
vember 5th. last. Two days later
Midshipman Branch died. The accused
was acquitted of the first charge and
found guilty of the second and third
Secretary BOnaparte approved the
findings and ordered that the sentence
be approved but that so much of the
penalty as might debar the accused
from service on any practice ship at
tached to the academy be remitted."
Early this morning. the Secretary re-
ceived a call from Representative
Broussard, of Louisiana from whose
district Midshipman MeriWether was
appointed to the Naval Academy and
made known to him the sentence of
the court and the departments action
thereon. Mr.. Broussard expressed his
satisfaction with both and it is un-
derstoOd that no Congressional action
will be asked in the case. The Secre-
tary in his review says there is per-
haps room for some doubt whether
the punishment imposed might not
have been more justly severe, and dis
approves the action of the court in
sustaining the challenge of Com
mander S. A. Staunton, as a member
of thn fhn nf
judice and in failing to sustain the
challenge of Rear Admiral A. H. Nc
Cormick, u S. ~, retired, on several
grounds.
The court found the first charge,
that of manslaughter, mot proved
and the accused mot guilty" and ac-
quilted him thereof. OF this finding
Secretary BOnaparte says:
THE department approves these
findings and this acquittal. The speci-
ficatiOn was drawn upon the informa-
ton as to the cause Of the late Mid
shipman Branch's death which the de-
partment had prior to the autopsy per-
formed during the trial That autopsy
disclosed certain facts which might not
justify a reasonable doubt whether the
death was in fact due to blows in
flicted by the accused, there being at
least a possibility that it resulted from
a fall. of which several occurred dur
ing the fist fight in which these blows
We're dealt. There is ground to claim
with some force that the manner and
means whereby the accused did kill
and slayT the deceased were those not
set forth in the specification This
contention is certainly narrow and
technical, and the department. is not
to be understood as endorsing it; but
the accused was undoubtedly entitled
to the benefit of any reasonable doubt
and the record disclOses a state of
proof which, if it did not compel at
least justified an acquittal of this
charge"
OF the second and third charges
of both of which the accused was
found guilty the Secretary says there
was practically no dispute of the facts
and that the department has no hest
fancy in approving the several find
ings of the court lastly above men
toned. OF the large amount Of testi-
mony offered for the purpose of SHOW
ing that fights had been of frequent oc-
currence at the academy and that
usually no penalties whatever had been
inflicted upon the participants the
Secretary says:
This evidence seems to the depart
ment altogether immaterial as af-
fecting the guilt of innocence of the
accused. There can be no such thing
as a lawful custom to commit a crime,
and the fact that, through the laxity
or want of vigilance of other persons
in the service other old offenders had
escaped punishment. should in no wise
justify the accused in violating the
law"
Secretary Bonaparte holds with re-
spect to the evidence that the accused
was unfamiliar with the naval regula-
tions that he could 'claim no inn
munity on the ground of ignorance of
a law which it was clearly his duty to
know"