Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-22
FOR BRANCA'S DEATH
Opening Of the Meriwether
Court Martial.
THE FIGHT DESCRIBED
MIDsH1PMAN VINCENT TELLS
OF THE ENCOUNTER.
Testimony Shows That Accused soueh1
Quarrel With the Deceased-Com.
mander Staunton Excused.
THE FIGHT DESCRIBED

| Special from stan Correspondent
ANNAPOLIS. Md, November 22-Tha
Merfwether court-martiai opened at tbA
naval Academy this morning at 10 o'clock
IL is likely to prove the most momentoua
trlai that the academy has ever witnessed
Midshipman Minor Meriwether is on trial
on three counts, the first for mansiauphtep
In assaulting his superior officer Midship.
man James r. Branch: second, violations
or the articles for the government of the
navy, and. third conduct prejudicial TO the
good discipline OF the service These
charges are subdivided into .pecifica tious
with wealth of legal verbiage but II ali
amounts to this
On the 5th of November Branch called
out Meriwethcr There was regularly
conducted fist fight, with seconds and time,
Keepers, in Bancroft Hall Following the
night Branch, who was badly battered up.
went TO the gymnasium and took hot
shower bath. Thlrty-six hours after he
died of a clot on the brain. Undoubtedly
the clot was due first OF all to the fght,
On this rests the charge OF nlans.aaghter,
Yet, and there is great significance In
their attitude the officers and cadets most.
ly feel, and many of them say openly. that
neither of the fighters could do otherwise
than as they did under the customs of the
academy, and II is a belief expressed that
the charges against Meriwether have been
purposely drawn too strong to be proved
so far as the nians.aughter section goes.
at any rate; but, of course. the view is not
Officially expressed. Officially Midshipman
Meriwether alone is on trial
Admiral Sands, the head of the Naval
Academy. in speaking to The Star corre>
spondent of the trial. said: There is but
one defendant and but one issue at stake,
l,a L., .I,.r ~<aA
The other participants in the case have al.
ready been punished, and have made my
report on the subject to the Navy Depart-
nent There IS no malice borne on either
side. So far az the other participants are
concerned the incident is closed"
Admiral Sands and some OF the older
officers were asked how far the so-called
code of honor would enter into the
case. Il know of no code" said the
superintendent. That seems to be a ere.
alton of the newspapers. So far as know
and so far as l am concerned there is no
such thing as a code"
But while this is the officially expressed
it is not officially admitted that not only
is there such thing. but that the code it,
self is on trial. and whatever is the verdict
in the court will probably have a serious
bearing on the future line of conduct of the
cadets.
Assembling Of the Court.
The court was called TO order promptly at
10. The court was one of the most dstin-
gulshed gatherings that the old academy
has ever seen. Rear Admiral Ramsay sat
at the head of the table as president OF the
court and at the other end was Capt.
Mark. judge advocate of the court, and a
member OF the famous court of inquiry
which investigated the explosion of the
Maine at Havana. The court was all pres
ent about the long table In the little room
of the naval construction house, near tho
gate. There was only one change In the
makeup of the court from that already pub
lished. the substitution of Commodore +. Is.
Barry In place of Commodore Robert Pyth-
ian. The accused was introduced linfne-
diately on the meeting of the court. lie
was a smooth-shaven, blue-eyed youngster.
good sized, with well set-up shoulders, one
who looked as though he might be bad
opponent in fist fight, but certainly not
one who looked like a voluntary or invol.
untary participant in a manslaughter case.
Capt. Mark read the charges against the
accused and introduced Capt Jas. *. Rob-
inson u. 8. NJ, the counsel for the accused,
and James NJ. Munroe of Annapolis. who
had been retained as special counsel FOR
Meriwether. Prosecuting Attorney Rose
of Baltimore also present on behalf or
the civil authorities.
The hearing was opened with TIT be-
tween the counsel for the accused ana
Judge Advocate Mark over challenge
of one of the members of the court. 1t
was Lieutenant Commander Constaine who
was charged with having expressed an
opinion adverse to the accused before his
appointment TO serve as member on the
court. This challenge was the subject OF
a rather warm discussion between Commo.
dore Robinson and the judge advocate. ana
the courtroom was cleared TIL the right
of the accused counsel to so challenge was
discussed.
Two other challenges followed in rapid
succession Lieutenant Mclean and COM
mander- Staunton both being objected to.
Commander Staunton said in explanation
that he had certainly expressed an opinion
in the case before the criminal nature or
the charges had been made public. He
had supposed that the matter would be
settled by Rear Admiral Sands super
intendent of the academy. and he had said
that he thought Meriwether should be
dismissed for the good OF the service. tte
did not, however, feel that he was SO pref
udiced to incapacitate MIN irom serving
and was perfectly ready to take the oath.
Commander Staunton Excused.
"Clear the COURT came the order for the
second time in ten minutes, while the court
deliberated over the admission of Command-
er Staunton. The challenge was sustained.
and he was excused from service. Leuten-
ant Commander Mclean and Constaine
were both retained. as they denied having
expressed any opinion on the case. The
court was then sworn by the judge advo-
cate, who had taken the oath from the pres
ident of the court. Again. TINS time In five
minutes, the court was cleared for the for.
NAL examination of the charges.
The proceedings at the start were decide
edly wearisome, with the frequent interrupt
tions. 1t is thought that there Will not be
more than eleven or twelve witnesses, and
the superintendent of the academy. who
made practically the same examination. got
through with his inquiry in nine hours But
II Is possible that the examination by the
court may be drawn out four five days.
The ground having been cleared. the real
examination began by the reading of the
charges by the advocate. Midsbipman
Meriwethsf. GeanAfnY 1T attention, replied
in a clear voice mot guilty to all tha
charges and specifications.
Intended to "Soak" Branch
The first witness called was Aie.As.suan
svandscarr, who sat next to AidshdpmaS