Daily press. [volume] (Newport News, Va.) 1896-current, 1905-12-01
XpERT TfSTM NY AIDS CADET
,anslaughter Charge is Shown to be
WEAK ard as the Authorities Are
at Faul, in allowing Prize Fights
the other Counts Against the Bay
may Asc be Found to Be Incorrect.
nv Aesncintcd prnss. ]

~ ANNApOIlS. MD. Nov 30.-Ex.
I&snt Tor tho announcement of the YER
ISiet after it shall have been passed
|inpon hv the secretary OF the navy.
|fhe Moriwcthcr courtmartial, in so
lfar as the public is concerned. is NJ
liitn end
To-day WIS almost wholly given
ever TO arguments Of counsel
I}.s AT the conclusion OF the arguments
ls4c court was cleared and considcra-
ton of the verdict begun
9tlamcs ". Munroc opened the case
I,ar the defense. His first line OF
|sfswnont addressed itself TO the me-
|titoal testimony produced by the de-
fanse. This, he said. was incon-
IS,Hsive except as to the fact that
4one Of them had ever seen injuries
snch rs were received in this case
from FIRST blows, but all had seen In.
tjnries from impacts against hard
substances, as was testified tn. such
MS the deceived received in the falls.
fibercforc the court should hold that
the accused had no criminal couner-
Etpl. with the death OF Branch.
~ so far as the charge OF manslaugh.
1i.asHsa,ir = Air. .Afunloa salt.
I'VE will rest the case tliere.'
Mr. Alunroe said further:
Fight Forced on Accused.
III Mcriwether is convicted OF any.
thing further than disorder, he VIII
be made vicarious sacrifice for IL
system aud for tho sins OF genera.
items. ii they he sins. a condition
has been shown in this case which
makes it impossible that the accused
should have rcfrained from the fight
AS to the second charge, which in
cludcs the specifications OF using;
provoking words and assaulting, IL
was clearly established that fights
for personal insults wore not TO be
invest igatcd. Mcriwcthcr therefore
had every reason 10 believe that
fights for personal reasons were no,
opposed"
Only Wanted an Explanation.
AS to the charge OF using provok.
ing language towards branch, coun.
sci argued that Meriwether had not
gene to BranchS room 10 provoke a
fight. but merely 10 seek an cXplana-
ton of condition that had become
intolerabc 10 him and which, il not
obviated, would have driven him from
the academy.
"On the third charge, of disorder,
i'll a spirit CT. caudor. we must admit
that these acts we've disordcrly, but
the accused has had his punishment.
If the accused had Immediately re,
taliatcd fer Bianch's visits he would
have been offending against the rules
OF the academy and the traditions OF
the institution, but he chose the
method that had been shown to him
10 he the right one"
Autopsy Exonerates Meriwether.
Lieutenant Commander James X.
Robinson said he was delighted that
the autopsy had been asked and per.
formed. II has made Meriwetier
feel that he did not cause Branch's
death and that was better than mere.
~ being acquitted on the ground of
reasonable doubt" He continued:
The traditions or the academy and
the position OF the Academy autho,
tiles toward fighting are responsible
for Meiiwether'S mistaken idea.
"The testimony shows conclusively
that Branch had much better chance
OF living had he been treated judi
ciously first by his companions and
then by the surgeons into whose
hands he fell"
Mark Depends on Surgeons.
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. All five OF the
doctors who had part in the question
testified clearly that death had re-
| suited from the fist blows. Opposed
] to these was the testimony OF only