New-York tribune., 1905-11-23
MERIWETHER ON TRIAL.
Continued from first page

|
| dismissed from the navy. Captain Adolph Mark
is Judge advocate of the court and is assisted In
the prosecution by John c. Rose, United States
! District Attorney for the District of Maryland.
| Mr.. Rose was assigned to the case by the De-
partment of Justice at the request of the Navy
Department. Civilian counsel have been en-
poyed to aid the prosecution only in a limited
number Of cases hitherto, and those of the first
Importance. The defence is cared for by Lieu
tenant Commander James X. Robson and
James NJ. Munroe.
Before the oaths were administered to the
members of the court Lieutenant Commander
Robson desired to question all the members
of that body as to whether they had formed
expressed an opinion relative to the case. OBJ
lection was then made to the questions by the
judge advocate the ground that the challenge
must be on a definite, stated ground ard not
suspicion. This objection was sustained by the
court, and challenge was then entered against
Commander Staunton.
Following this procedure, the oath admin
istered to the members of the court and the
charges and specifications were read to Meri-
wether, who pleaded not guilty.
THE STORY OF THE FIGHT.
The first witness was Midshipman James P
Van De Carr. q classmate of Branch. He said
that shortly before the fight Meriwether told him
world he hated and he had determined to make
him fight if he had any fight in him. He said
Branch had tried to make his life miserable at
the academy, and he would not stand it. The
next night, Van De Carr testified Meriwether
told those at the table that it all fixed, as
Branch had challenged him to fight.
Mdshipman Earl ". Prichard, room mate of
Branch, gave detailed testimony as to the quar-
rel which led to the fight. He said that on the
the rooms occupied by himself and Branch, with
him being a classmate, E1dshipman Yeager.
Meriwether opened the conversation by saying
that he had come to talk about the way Branch
had treated him. lie said that Branch had re-
ported him either for having suit case in his
having civilian clothes in the case, while
Branch was duty and Meriwether absent.
Branch answered: What if L did ?" and Meri-
wether said: You used your official position to
get even with me, and who would do 1t is
q damned, low down sneak and coward" He was
then threatened by Branch with being soaked
by the whole second class, to which Branch be-
longed, Branch adding: You know, they can
bge cause him to faiD you if they want to-
Meriwether said he knew they could, but that
he did not give damn" Other conversation
ensued, and in the of it there some |
recrimnation about the standing of the families |
to which the two midshipmen belonged Prch- |
ard heard the terms ''sneakng coward" damn !
coward and no gentleman" applied by Meri- |
wether to Branch. Prichard added that after |
MeriWether left the room Branch asked him |
what he must do, and told by the witness |
that he must fight. The conversation continued !
between them, he said and it developed that |
Branch did not intend TO make any report |
against Meriwether.
On the advice of an upper classman. Branch |
said ne had decided that il would be dirty |
trick TO do so. Thus it is indicated that the |
whole fight based Merwether's belief |
that Branch had done something that he had |
not done.
Ralph Yeager, the midshpman who had come |
to Branchs room with Meriwether was the next !
witness and while his testimony was in sub !
stantiaI accord with that of Prchard on most |
points, he testified that Branch had called Meri-
Of the two. On Cross-eXaInination he explained |
Meriwethers unpopularity with the members of
the class just above his the ground that |
he did not observe that part of the code" which |
prescribes the manners of under classmen.
Details Of the physical characteristics of the
midshipmen were given in the testimony of
Robert K. Hoyt passed assistant surgeon, who
has charge of the physical department at the
academy which, it was generally supposed were
all in favor Of Meriwether. On the contrary,
Meriwether was seven months older and seven
pounds heavier than Branch and exceeded him
by three and fve-eighths inches in height. bu.
Branch had the greater chest measurement and
considerably larger biceps. The great disparity
in Branch's favor in total strength in
which, according to the figures of DR.. Hoyt he
S34 kilometers. while Meriwether
reached only 693. Meriwether is a sp1nter and
has had large experience in fist fights, but was
not always careful of his condition. Branch
was a fine boxer wrestler and gymnasium ath-
lete, and kept in perfect trim.
NAVAL ACADEMY DISCIPLINE.
The testimony of Captain George p CoIvoco-
resses commandant of nidshipmen was OF |
great importance, and counsel for the defence
made determined effort to show that fighting
was not regarded by the Naval Academy
as a grave offence. and that mid
shpmen not adequately informed as to the
fact of its being offence. Both these impli-
cations were met by Captain Colvocoresses,
however He said that he had never allowed
any case Of the kind brought to his attention
to go unpunished, but that the present case was
the first to be brought to his attention In the
short period he had been at Annapolis He fur
ther said that the regulations were read to
when they entered the academy
given to them in bound form and read and ex-
planned at stated intervals. Captain Colvoco-
resses, at the request of the judge advocate laid
before the court the gloves which had been
given to him as the ones by the partici-
pants in the fight. They were of the kind
known punching bag gloves. used to pro-
tect the hand only. and almost without pad
ding
Midshipman Harold V McKittrick who acted
as second to Branch said that the fight took
place in Bancroft Hall, and the midshipnen Off
GERS made no report of it. that being according
to the code" The rounds two minutes in
length, with minute iutermissions. Early in |
the fight Branch had one eye closed, but up to
the fifteenth round had something the better of
it. Then Meriwether had 1t little in his favor
till toward the end, when he appeared much |
Tatigued and clinched to save himself There
were several minor fouls. OF which ap-
oeared intentional and had effect on the out
come of the fight. Once, toward the last Meri-
vether fouled by hitting in q clinch, and offered
10 give up the fight, but this was not accepted |
1y Branch and his seconds Another time
Branch was on his knees. and, under the rules,
,ouId have been hit, but Merwether would not
nit him. Both of these were points in Meri- |
xether's favor.
tgn- NF--A