Los Angeles herald., 1905-11-23
Will Assist Mark

JGBuldIlO0S Ol lub llSlltullOllS was
clearly established.
Will Assist Mark
A surprise developed in the fact that
United States District Attorney John
G. Rose of Baltimore would assist Capt.
Mark, judge advocate in the prosecu-
ton.
1t is most unusual for q judge ad-
Vocate to have assistance, and the in
cident indicates how important the
present case Is regarded by the fed
eral authorities. the personal element
being entirely subverted to the ques-
tion of the effect of the code" at
the academy and the subjects of fight
ing and hazing closely connected with
1t. Mr.. Rose was assigned to the work
by the department of justice at the
request of the navy department and
was present at the beginning of the
session today.
The accused is defended by Lieu
tenant Commander James K Robson,
u. S. N, and James M. Monroe of the
Annapolis bar.
The first two witnesses called were
Midshipman James z. Vandecarr and
Earl w Pritchard, classmates of
Branch, and their evidence bore di-
rectly on the second charge, that of
uuarreling with a person in the naval
main charge of manslaughter.
Says He Hated Branch
Midshipman Vandecarr said that his
seat at the table was next to Midship-
man Meriwether and that on the even
ing of October 81 Meriwether had told
him that Branch had done all he could
to make his (Meriwether's life miser-
able while he had been at the academy,
that he hated Branch and was going
to make him fight If there was any
fight in him, that there was only a
few people that he hated and that
Branch was one of them. The next
day. Midshipman Vandecarr testified,
Meriwether said that it was all fixed,
that he and Branch had arranged to
fight
Midshipman Earl w. Pritchard, the
next witness, was the roommate of
Branch and also from Louisiana. His
testimony was of the utmost 1mpor-
tance, covering the whole facts in the
incident that led directly to the fight
Meriwether had, he said, come to
the room occupied by himself and
Branch, accompanied by Midshipman
Yeager. Branch had gone to bed but
rose on his elbow and turned on a
light Just above him, remaining in that
position during the conversation.
Insists on a Fight
Meriwether accused Branch of acting
unfairly towards him in using his Of
fetal position as midshipman in charge
of the floor to report him about the
matter of a dress suit case containing g
civilian clothes, and charged Branch
with having a grudge against him.
The latter Branch admitted. Meri-
wether then said that Branch was a
"damned low down, Sneaking coward
fn1A w c
class could compel him to leave the
academy, and to this Meriwether an
swered that he did not care if they
did: that he was not going to be used
badly by anyone.
The conversation continued and
Branch told Meriwether that he had
only reported one man since he had
could not help. Meriwether rejoned
that if he ever reported him he would
have to fight. There was some fur
ther talk about the standing of the
families to which they belonged and
the affair closed with Meriwether call
ing Branch a "sneaking coward" a
damned coward" and mo gentleman"
Did Not Report Meriwether
After Meriwether and Yeager had
left Branch asked the witness what he
should do and was told that a fight
was necessary. Afterwards Branch
had told him that he had not reported
Meriwether.
An upper classman, Noyes, had
spoken to him about it and he had
come to the conclusion that it would
be dirty trick to do so.
Ralph Yeager, a classmate of Meri-
wether, and who went TO the room with
him on the night of the quarrel, tes-
titled that Branch had called Meri-
wether "a damned fool" when he came
to the room, and said that he was
damned ratty."
BY the latter Yeager explained that
1t was meant that he did things that
the "code" did not allow for members
of his class. 1t was explained that a
fourth classman, for instance, had to
keep away from certain walks of the
academy turn squarely at corners,
never look at an upper classman, never
talk to girls, observe certain regula-
tions when eating and speak most re-
fpectfully when spoken to by an upper
classman. This, il appeared, was still
the unwritten law of the institution
where hazing has been abolished.
Men Fairly Matched
DR.. Robert e. Hoyt, head of the de-
partment Of physical culture at the
academy, furnished interesting data on