Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-30
ARGUING FOR DEFENSE
Presenting Meriwether's Case
to the Court.
M R. M q NR0E OPENS
DECLARES ACCUSED SIMPLY FOL-
LOWED ACADEMY CUSTOMS.
Asserts That No Malice Was Displayed
Toward Branch-Commander
Robson Follows.
MR.. MUNROE OPENS


| ANNAPOLIS, Md, November 3O.-The
| court-martial trying Mdshipman Merf-
wether met this morning in pursuance of
| the announcement of Admiral Ramsay in
| spite or the fact that it was Thanksgir-
| ing day and n legal holiday. Courts mar
| tial know no legal holidays, but, under
| mandatory law, sit from day TO day,
Sundays excepted" 1t was bitterly cold
| in the academy grounds. The bare trees
bent under a keen northwest wind. and
the midshipmen, class free for one day,
swarmed out into the town. walking rap
| idly in squads and in groups OF two or
| three
| The brilliantly uniformed court in the
officers mess ives deserted by spectators
| for once. and little interest in the trial
was displayed in any quarter.
| Commander Robson. counsel for the ac-
cused. was afflicted with a heavy cold and
| sat with his throat muffled up. making
signs and whispering hoarsely TO his cli-
| ent, Meriwether, who was busily engaged
| at the counsels table verifying the copy
| of his testimony of the previous day.
| Lieut.. Jackson rapidly read through the
record of the previous day.
Mr.. Munroe, for the defense. asked il the
| permission of the court could be given to
submit the case on both sides without
gument. The judge advocate said it could
not be done.
In that case" said Mr.. .Munroe, Il
would ask that we be given till at least to-
morrow morning or possibly tomorrow
afternoon to prepare the case"
Commander Robson rose, opened his
mouth, but sat down without his remark.
if he made one. being audible to any one.
After verifying some testimony, the court
was cleared to consider the time Of adj
journment.
On reassem bling it was agreed between
counsel for the defense and the judge ad-
voeate that the case should go on imme-
diately.
Argument for the Defense.
Argument was accordingly begun for the
defense. Attorney Munroe speaking,
Commander Robson was utterly incapaci-
tated Mr. Munroe said that he was glad
that he was permitted to address such
court on such a day. He would not refer
to the record, but merely to call attention
to certain salient points in the evidence
He said that he did not feel that he even
had to refer to any of the witnesses by
name He wished to hurt ones feelings.
There was one particular point in the med
ical evidence-that was that every doctor
called had admitted that he had never
a case in which the conditions shown by
the autopsy had been caused by blow
from the human fist.
On the other hand all the medical wit
nesses admitted that they had found just
the conditions which were known to
have caused death from violent contact
with hard object. 1t seemed, said Mr.:
Aunroe, that this had clearly established
the cause of death and that it was entire
ly outside the will and intent of the ac-
cused. So far as the charge of manslaugh-
ter was concerned, he felt that the case
might be rested that alone
1t was not to be believed that Memiwether
could be found guilty of anything except
disorder. If that Mr.. Munroe said he dld
not believe that the court, knowing as it
did the traditions of the school and used
to weighing evidence, would make vicari-
Gus sacrifice of the accused, who was re-
sponsible Of he was responsib.e) for tho
crimes Gf they We're crimes) of others who
had established the system under which
he was reared in the school.
II had been specifically shown that a man
in the academy might be reported for re-
senting an insult and he might be reported
for not resenting an insult.
Surely scholar should not be ground be-
tween the upper and neither millstones, to
be disciplined for fighting or disciplined for
not resenting an insult It had been shown
by these high in authority that fighting was
the rule of the school. DR.. Ames had ad-
mitted that men had been brought to the
hospital suffering from the results of fights.
The authorities had known of the custom.
and Meriwether had known of the custom.
that was already established. and which
every one in the school at that time had
explicitly tacitly accepted
No Malice Shown.
AS to the charge of malice, it had been
amply proved that Meriwether had ample
cause for irritation against Branch. But
it should be remembered that there WAS no
malice 1t was a fair fight Twice during
the course of the fight it had been shown
that Meriwether under the rules had n
perfect right to strike Branch ard refrained
from so doing. Once he had Branch in a
corner and stepped back, saying that it
was a gentleman's fight and he wanted a
clean fight. Once Branch on one hand
and knee and Meriwether again stepped
back and allowed him to rise. A third time
when Meriwether had committed an unin-
territorial foul he offered to forfeit the fight
Did this show malice?
No" exclaimed the counsel. 'ft certainly
did not 1t showed the stuff that the navy
was made of in the past the stuff that IL
would be made of in the future" Neither
the charge Of manslaughter nor of malice
could be proved.
''Tom Brown" Quoted.
Commander Robson was scarcely able
to talk at all, but spoke briefly He read
from an old copy of Tom Browns School
Days" on the subject of fighting. saying
that it was a volume much more familiar
"There is nothing in the world / am more
thankful for than that / demanded that
autopsy he continued. "It has cleared
that boy in his own mind of the charge OF
manslaughter which otherwise would have
followed him through his whole life. The
autopsy has shown the real state of affairs
that followed the fight. and that evil
dence the charge of manslaughter falls to
the ground. That dead boy Branch has
been shown by the evidence TO be a good
JTa mas no Qrd We f,a$
and we would not charge 1t. He was be-
lieved by his classmates, but he was not
perfect. And 1T has been amply shown that
he had forced the fight by his continuous
persecution of the accused
Feeling Among the Officers.
This boy did not know all the naval reg
uations. don't know them all now. But
he does know that he is sworn to follow
the dictates of his superior officers. and
you know what they were. You and
both know how those things 60
t.nI l. .~l~as-