Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-23
Annapolis Middies Freely
Give Their Testimony
As to the Fatal Branch Meri-
Wether Fist Fight.
Matter Of Cadet Honor by Long Established
RuIes.-.Who's 6uiIt?

Annapolis. Nd. Nov. 22.-Midship-
man Minor MeriWether, Jr., of Lafay-
cite, La, a member of the third class
of the Naval Academy, was put or
trial here, today, before a naval court.
martial, on charges that include that
of manslaughter in having caused the
death of Midshipman James X. Branch
Jr., of New York, a member of the
class above him, as the result of a pre-
arranged fist fight which took place on
the evening of Sunday, Nov. 5, last. An
operation was performed on Midship-
man Branch, the next night, but he
died on the following Tuesday morn
ing.
The first and gravest charge is man.
slaughter in having caused the death
of Midshipman Branch, but there are
two other charges, the second support
ed by two specifications and the third
by one. The second charge is of viola
ton of the third clause of the eighth
article of the rules for the government
of the navy. The first specification is
that Meriwether applied to Branch the
names of "sneak" and coward" and
the second that he assaulted him. The
third charge. of conduct to the preju-
dice of good order and discipline, speci-
fies that MeriWether enga ged in a fight
with Branch.
The sad incident of the death Of
young Branch under such circum-
stances has been widely noticed and
has called attention to the existence at
the Naval Academy of an unwritten
code governing the student body but
quite outside the authoritative regula-
tions and generally in violation Of
them. Under the code" every detail
of these fights is fixed; the midshipman
on duty abstaining from reporting them
and excusing from formation those
connected with them. These facts were
very clearly brought out both by the
judge advocate and in the cross-exam-
nation by Lieutenant Commander Rob-
inson for the defence.
The witnesses, today. included
Branchs roommate, the referee and the
tlmekseper of the contest and all the
four seconds We're examined in a
greater or less degree about all the cir
cunstances Of the fight. the connection
Of the code and their ideas of their
duty under the regulations, although
this subject was not pressed to such a
degree that the midshipman was put
on his defence as to the binding course
of his oath upon entering the institu-
ton to obey all it's regulations. The
code" system was, therefore, not di-
rectly put on trial, although it was
thoroughly ventilated along some lines.
In fairness to the midshipmen it
"a ~ hat 80
gave indication of endeavoring to be
perfectly frank and of either believing
that there was nothing about the sys-
tenn that they need conceal. or if there
were, that they would tell it all not
withstanding.
Midshipman A. w. Fitch, who ref.
creed the fight which was followed by
Branch's death. stated that he had
officiated in 10 such contests, and Mid
shipman McKittrick testified that he
had taken part in nine. Detailed ac-
counts of the arrangements were given,
by which midshipmen on duty acuui-
csced in absence without leave and
other derelictions in order that the
fights might go on, and the testimony
also showed that although frequently
severe injuries resulted from these
tights and the recipients often had to
be taken to the hospital, nothing fur
Their was ever heard of them. This the
defence brought out on cross-examina-
ton, it being evidently intended to
show that the authorities also winked
at the code and the pre-arranged fights
under it.
incidental sidelights to hazing, or
running as it is called at the acad-
envy. developed from the testimony of
one Of the midshipmen. Meriwether
had been generally disliked, he said, be-
cause he was too ''ratty," that is, it
was explained, he did not abide by the
rules laid down for the government of
the lower classmen. Some Of these
were that he should never enter
Lovers Lane" an academy walk,
that he should turn all corners at right
angles. should not look at an upper
classman and should answer most re-
spectfully when addressed by one of
them, that he must never touch the
table nor ask for anything during a
meal, and under no circumstances
FUSS" that is, to be in the society of
young women. These rules and many
others are contained in that part of the
code relating to the government of I'M
der classmen. Branch had been one of
the midshipmen who, according to the
testimony, determined to punish Meri-
wether because he would not abide by
these rules, and from that the enmity
arose.
Rear Admiral Francis NJ. Ramsay,
president; Rear Admiral Alexander H.
Mccormick (retired), Rear Admiral AL
bert S. Barker (retired), Commodore r.
l.. Pythian (retired). Captain Richard
Wainwright, Captain Samuel P. Com
ley, Commander Sidney A. Staunton.
Commander Bradley A. Fiske, Lieut..
Commander George R. Clark, Lieut..
Commander John E. Craven, Lieut..
orion P. Jackson. Lieut.. Ridley Nc
Lean and Lieut.. Edward T. Constein.
The court was changed, however, by