Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1905-12-12
TOday's Telegraphic New
Meriwether sentenced.

W asnlngtOU, " v. DrS' IL Luz
sentence passed by the Secretary Of the
Navy on Midshipman Minor MeriweIher
charged with the killing Of Midshipman
Branch at fhe Naval Academy is as fol-
lows. "To he confined to the limits Of
the academy for period of one year
and to be publicly repremanded by the
Secretary of the Navy"
The sentence of the court martial was
that Meriwether be publicly reprimand-
ed by the Secretary of the Navy and be
confined strictly to the limits of the
naval academy for one year. The Sec
rotary modified the latter part of the
sentence 10 so far as TO permit the mid
shipman to 60 on the annual practice
cruise, otherwise he will not be allowed
outside of the academy grounds.
There were three charges against Mer-
iwetber MaDslaughter, violation of the
eighth article for the government of the
navy, and conduct to the prejudice OF
good order and discipline. On the first
of these charges the court found "not
guilty." of which finding the Secretary
approves. Commenting on this, the
Secretary, in his review of the case, says;
"The autopsy disclosed certain facts
which might justify reasonable doubt
whether the death was in fact due to
blows inflicted by the accused, there
being at least a possibility that it result
ed from a fill. The accused WAS I'M
doubtedly entitled to the benefit of any
reasonable doubt, and the record dis
closes a state of proof which, lift did
not compel, at least justified an acquit-
tai of this charge"
The court found Meriwether guilty on
the second and third charges, which
covered the engaging by Meriwether in
a fist fight with Branch, "wilfullY as
saulting him" and calling him "a sneak
and a coward" Reviewing this portion
of the case, Secretary Bonaparte says:
although the accused had pleaded mot
guilty to these charges, there was prac-
tically no dispute as to the facts, and the
department has no hesitancy in APPROX
ing the findings of the court. Consider
able evidence was offered tending to
show that such fights had been of fire.
quent occurrence, and only very made
quate penalties and usually no penalties
whatever had been inflicted upon the
participants. This evidence seems to
the department altogether immaterial as
affecting the guilt or innocence of the
accused. There can be no such thing
as a lawful custom to commit crime.
There was evidence TO show that the
accused was unfamiliar with the articles
for the navy, but the department holds
that he can claim no immunity on the
ground of ignorance.
THE department has no difficulty in
holding that the sentence is amply justi-
fled by the offense committed. THERE'S,
indeed, room for some doubt whether
the punishment imposed might not have
been Justly made more severe. 1t is
therefore ordered thst the sentence be
approved, but that so much IF the pen
atty as might debar the accused from
service on any practice ship attached TO
the academy be RENTED"
The Secretary, in connection with his
review of the case, goes at some length
into the question of challenges, approx
ing the action OF the court in declining
to receive challenges except in the case
of one officer against whom the defense
claimed to have information warranting
the charge of prejudice. AS regards the
courts sustaining of the challenge against
Commander StauntOD, he says:
The Department would find some dill
fculty in approving the action OF the
court in this respect, if it were needful
to pass upon the question. To hol |
that his merely casual expression of an
opinion, founded upon supposed state
of facts, disqualified him as member
of the court might establish dangerous
precedent"
The Secretary holds that the court
erred in not sustaining the challenge
against Admiral McCormick, against
whom the Judge Advocate at the close
of the prosecution, made the charge that
be had privately received advice from a
medical expert as to certain portions of
the evidence.