The daily morning journal and courier., 1905-11-23

tion by John c. Rose, United States district attorney for the strict of Maryland. MT. Rose was assigned to the case by the department of justice at the request of the navy department. Civilian counsel have been employed l to help the prosecution only in very limited number of cases hitherto, and those of the first importance. The de- fense is cared for by Lieutenant Com 1 mander James K. Robinson, an exceed ingly vigorous and earnest officer, and by James M. Munroe, one of the most prominent of the local attorneys.
 Before the oaths were administered to the members of the court Lieutenant Commander Robinson desired to ques- tion all the members of that body as to whether they had formed or ex- pressed an opinion relative to the mat ter.
 Objection was then made to the ques- tions by the advocate general on the ground that the challenge must be on a definite, stated ground, and not up- on suspicion attempted to be proved by the members of the court them selves. This objection was sustained by the court and a challenge was then entered against Commander staunton.
 Following the procedure the oath was administered by the president of the court, Admiral Ramsay, to Captain Marix as judge advocate, and he ad- ministered the oath to the members of the court without further incident. John w. Hulse, of Washington, D. C., was sworn as stenographer, a position he filled in the courts of inquiry con- Inected with the destruction of the Maine and the Schley case.
 The court and officers being sworn, the charges and specifications were read to Midshipman Meriweather, who pleaded not guilty to the whole and to each charge and specification separate ly. The first witness was Midshipman James H. Van de Carr, a classmate of Branch, who sat next to Meriwether at meals. This midshipman said that shortly before the fight Meriwether told him while at the table that Branch was one of the few men in the world that he hated, and that he had determined to make him fight if he had any fight in him. He said further that Branch had tried to make his life miserable for him while at the academy and he (Mer- iwether) was of the kind that would not stand 1t. The next night, Van de Carr testified, Meriwether told those at the table that it was all fixed, as Branch had challenged him to fight.
 Midshipman Earl w. Pritchard, room- mate of Branch, gave very detailed tes- timony as to the quarrel which led to the fight. He said that on the evening of October 30 Meriwether had come to the suite of rooms occupied by himself and Branch, with Meriwether being a classmate, Midshipman Yeager. Branch had gone to bed in his own bedroom, but rose on his elbow and turned on the electric light as his two visitors en- tered. This posture he kept during the conversation. Meriwether opened the conversation by saying that he had come to talk about the way Branch had treated him. He said that Branch had re- ported him either for having suit case in his room or having civilian clothes in the case, while Branch was on duty and Meriwether absent. Branch an- swered, What if I did?' and Meri- wether said, You used your official po- sition to get even with me, and a man who would do it is damned low-doWn sneak and coward" .s
 He was then threatened by Branch with being soaked" by the whole sec ond class, to which Branch belonged. Branch adding "you know, they can bilge (cause him to faiD you, if they want to-" Meriwether said he knew they could but that he "did not give a damn" Other conversations ensued, and in the course of it there was some recrimination about the standing ot the families to which the two midship- men belonged. Pritchard heard the terms ''sneaking coward" damn coward and mo gentleman" applied by Meriwether to Branch. Pritchard continuing his testimony, said that af- ter Meriwether had left Branch asked him what he must do and was told by the witness that he must fight.
 The conversation continued and it de- veloped that Branch did not intend to make any report against Meriwether. On the advice of an upper classman, Branch said, he had decided that it would be a dirty trick to do so. Thus it is indicated that the whole fight was based on Meriwether's belief that Branch had done something that he had not done.
 Ralph Yeager the midshipman who had come to Branch's room with Mer- iwether was the next witness, and while his testimony was in substantial accord with that of Pritchard on most points, he testified that Branch had called Meriwether Ia damn fool, J shortly after the entrance of the two On examination he explained Meriwether's unpopularity with the