The Birmingham age-herald., 1905-12-01
Arguments Are Concluded in
 the MeriWethtr Case
OBJECTION MADE ID ROSE
Judge Advocate Mark Opens for the Prosecution and Makes a Strong Argument Against the Young
 Man Who Is On Trial.

Annapolis. Md, November S0.-Except for the announcement of the verdict after i 1t shall have been passed upon by the secretary of the navy. the Merlwether courtmartial. in so far as the public is concerned. is at an end.
 Today was almost wholly given over to arguments of counsel before the court which is trying Midshipman Meriwether on charges the most serious of which is manslaughter in connection with the death of Midshipman James R. Branch, Jr. after fist fight in which he and Meriwether engaged. James M. Munroe and Lieutenant Commander John E. Rob- ison, the latter being handicapped by an 1 attack of tonsolitls. spoke in defense of the accused and Judge Advocate Mark and United States District Attorney John c. Rose for the prosecution. At the con clusion of the address of Mir. Rose the court was cleared and consideration of the verdict begun. When Mir Rose ap- peared at the opening of the afternoon session counsel for tho defense made d i strenuous effort to prevent his being heard by the court. Lieutenant Con- mander Robson stated that there had been an understanding with the judge ad- vocate that Mir. Rose did not intend to speak. This was repudiated by Judge Advocate Mark. Lieutenant Commander 1 Robison then moved that the court refuse to hear MT. Rose, claiming he had not been properly detailed by the navy de- partment.
 aH fIa
 Monroe Opens for Defense.
 James Munroe opened the case for ths defense. His first line of argument ad- dressed itself to the medical testimony l produced by the defense This. he said, was inconcluslve. except as to tne faes l that none of them had ever seen Injuries such as were received in this case from fist blows but all had seen injuries from | impacts against hard substances, as was l testified to, such as the deceased received in the falls. Therefore, the court should l hold that the accused had no criminal connection with the death of Branch. 1 ''So far as the charge of manslaughter is concerned MT. Munroe said, we will rest the case there."
 l MT. Munroe said further
 | ''If Meriwether Is convicted of anything further than disorder he will be made a vicarous sacrifice for system and for the sins of generations if they be sins. A condition has been shown in this case which makes 1t impossible that the ac- cused should have refrained from the 1 fight l. therefore, hold that the prohibi- tions against fighting must have meant | fight The pre-arranged fight furnishes | much the better method of settling dis l putes than for the blows to be followed by | the sword. As to the second charge which includes the specifications of using pro- ! in0 Ardr nd att1t ttnU Ht.1 hat officers having charge of the interior de- scipline of the academy had a hazy idea of the position of fighting under these regulations. It was clearly established that fights for personal insults were not to be investigated. We have shown that officers advised fights and that they had 1 refused to punish fighters when they have ] found that fights were on account of per sonal matters Merwether. therefore, had every reason to believe that fights for personal reasons were not opposed"
 Merely Sought Explanation. | As to the charge of using provoking lan- guage toward Branch, counsel argued that Meriwether had not gone to Braneh's room to provoke a fight, but merely seek an explanation of condition that had become ntoerable to him and which if not obviated would have driven him from the academy Twice Merlwether"
 
 spirit fin refusing to hit Branch when the rules allowed him to strike and in offering to give up the fight after having commit- ted an unintentional foul and had shown the possession of the very quality that made our Farragut and Decatur and that would cause men to follow him into the very jaws of death. No motive has been shown in this case as the specifications | alleged. On the contrary his conduct has been generous
 "On the third charge, of disorder, in A spirit of candor we must admit that these acts were disorderly, but the accused has had his punishment. The superintendent said that judging from precedent dismiss sal was too severe q penalty for that offense. We ask the consideration of the court. If the accused had immediately re- taliated for Branchs visits he would have been offending against the rules of the academy and the traditions of the institu- tion so he chose the method that had been shown to him to be the right ones" Lieutenant Commander James K Robin- son spoke with great difficulty on account of an attack of tonsllitis but said he would call attention 10 a few points. He said he was delighted that the autopsy had been asked and performed It has made Meriwether feel that he did not cause Branchs death and that was better than merely being acquitted on the ground of
 
 Robinson then read from "The Brown at Rugby about school boy fights and ap- pealed to the court to say if the prin- cples did not appear to them to be the right ones.
 Traditions Were Responsible.
 He may not have been exactly right from my standpoint" he said, but the traditions of the academy and the posi- ton of the academy authorities towards fighting were responsible for Meriwether's mistaken idea. l grant that fighting is wrong but there may have been a minor penalty inflicted If Branch had lived and the accused Is not responsible for his death. The testimony shows conclusivclv that Branch had a much better chance of living had he been treated judiciously first by his companions and then by the surgeons into whose hands he fell.
 Judge Advocate Mark opened for the prosecution. He said:
 Judge Advocate Speaks.