Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-11-25
MER|WHETHER
CONTINENTAL.
Judge Advocate Challenges Rear
Admiral Mccormick, Men,
Der OF the Court.
BUT IT WAS NOT SUSTAINED.
L. :. Atty. Brought out some Interest,"
ing Facts Abont How Fighting
Had superseded lia1ing.

Annapolis. Nd, Nov. 2i-One Of the
most remarkable incidents In the his
tory of naval court-martials In this
country marked tOdays session OF the
court which is trying Midshipman Min
or Meriwether, Jr.. In connection with
the fight between himself and Mldship-
man James Il. Branch, Rear Admiral
Alexander "a. Mccormick. next In point
Of rank Of the members Of the court TO
Admiral Ramsey, It's president, was
challenged by Judge Advocate Mark
after the whole testimony for the pros
ecution had been submitted. a proceed
ing which the Judge advocate said had
never been taken by him I'm all his
years of previous experience, ana or
which he had never heard.
The grounds for the challenge APP
peared after the beginning Of the trial
and were. first that Admiral McCor-
mick had consulted with a high med
zeal authority Medical Director Wal
ton, L. S. ~, retired IN relation TO the
case; second. that he had by his re-
peated and continued cross-examina-
ton of the prosecutions witnesses
practically taken the place OF the coun-
sci for the accused and. third, that he
had cvinced the possession of theory
In the case which was so rooted that
It would be impossible TO move 1t By
the evidence
II have had d conversation with Med
zeal Inspector Thomas G. Walton" said
Admiral Mccormick II did this In or
der that | might ask such questions Of
the witnesses brought before the court
AZ would affirm or negative the posi-
bllity OF Branch's death having oc-
CURED In the manner charged. | am
fully aware that In the end | must
reach my conclusions upon the testi-
mony Of the witnesses before this court
and IN that manner only"
The court was then cleared. and upon
It's being reopcned Admiral Ramsey
announced that the challenge against
Admiral Mccormick had not been sus-
tanned.
Only second In point of interest to
the challenge entered against Admiral
Mccormick was the courts deterrnina-
ton to request the secretary Of the
navy to order that the body Of the late
Midshipman Branch be exhumed and
an autopsy held. 1t II not certain how
much can be revealed by an autopsy
upon the remains OF Midshipman
Branch. who has been dead for about
three weeks, but II IL believed that al
| most absolute information can be OBJ
| tanned as to the existence OF any previ-
| Gus diseased condition of the heart.
| brain or other organs such as would
have made death possible at the time
| from any other cause than the blows
! received in the fight.
1 The prosecution closed It's case this
| morning.
Surgeon f. ~ d. Mccormick testI.
| fed:
Il saw Branch between 10 and IL
| o'clock Monday morning He was UNI
| conscious, his left side was paralyzed.
| his right arm and leg were continually
! thrashing and lie was much bruised
: about the face head, shoulders and
| torearms ! think that the condition
was brought about by the repeated
| blows he had received don't think
his life could have been saved by any
| treatment nor do think that the hot
| baths or other treatment he received
| from his friends accelerated his death. q
| Surgeon Mccormick was examined
very rigidly by Admiral a. II. McCor.
| mick of the court the object being e
bring out whether or not any possible
cause of death could have existed priol
TO the fight, The witness answered
that II was impossible to say this abso
lutely In the absence OF an autopsy, bu
| that there was no reasonable doubt thai
the blows had caused Branch's death
| Under this examination Surgeon Nc
| Cormlck said that excitement and over
| exertion might have contributed TO tn
condition OF Branch, but only In sec
| ondary way.
| Admiral Mccormick evidently wa
not at all satisfied that the hot appll
cations upon Branch's head by his com
| paniOns on the night OF the fight ha'
| not contributed to the death "
brought out from the witness that no
| applications might contract veins II ap
| piled to them closely and continuously
| As each medical officer concludes hi
! testimony, the conviction grows that ,