The Montgomery advertiser., 1905-11-23

- -------s. was necessary. Afterwards Branch had told him that he had not reported Moves, had spoken to him about 1t. and he had come to the conclusion that 1t would be dirty trick to do SO.
 Ralph Yeager. classmate of Merrf- wether and who went to the room with him on tho night of the quarrel, tes- titled that Branch had called Merri- wether "a damn foor when he came to the room and said that he was damn ratty." By the latter YeaSer explained that 1t was meant that he did things that the code" did not all low for members of his class.
 It was explained that fourth class man, for instance, has to keep away from certain walks of the Academy, turn squarely at corners, never look at an observe certain regulations when eat- ing, and speak most respectfully when spoken to by an upper class man. This. 1t apeared. was still the unwritten law of the institution where haxing has been abolished.
 pr, Robert E. Hoyt. head of the de- partment of physical culture at the Academy. furnished some interesting data on the comparative size and strength of Merriwether and Branch, taken from actual measurements of the Academy. While 1t Is a fact that Mer- riwether was slightly older. heavier and taller. Branch was larger of chest and arm and his total per centage of strength was about fifth greater than Meriwether's. k6
 No winkinE at FfgAtiag.
 Commander Coivocoresses was closely questioned by the Judge Advocate and the court in regard to the attitude of the Academy authorities towards fight ing. He said most emphatically that there was no wfnking at ft. but that every such offense would be punished severely if known. He also testified that all midshipmen were made ac- quainted with the regulations of the navy by the copies which were put in their hands and by oral instructions.
 He showed the court the gloves which had been turned over to him as having been used in the fight They are known as punching bag gloves and are used as protection for the hands when punching the bag and have almost no padding.
 Midshipman Harold V. McKittrick. who acted as second for Branch dur ing the fight, told of the arrangements and the insistcnce of both parties that the fight should be to a finish The fight. he testified, lasted over twenty- two rounds of two minutes each. with one minute intermission. Early in the light one of Branch's eyes was closed. but he was holding his own. At the end of the twentieth round Merriwether fouied by hitting in. ciinch, and of- fered to forfeit the fight. This Branch and his seconds would not allow, in- sisting on a finish.
 This Is regarded as a strong point for Merriwether, showing that he wished the fight to stop.
 Tn fairness to the midshipmen II should be said that every one gave in- dication of disposition to be perfect + ly frank, earnestly believing that thera was nothing about the system which they should conceal. or if there were, that they would tell 1t all
 Midehipman A. w. Fitch who ref areed the fight, stated that he had offi- ciated in nineteen such contests. and Midshtpman McKittrick testified that he had taken part in nine.
 Motnfng Heard oe FaRhf2. Detailed zc3nunts were giveis Of the arran gements by which Inidshipmen on duty acauiesced in absences without leave and other derelictions in order that the fights might go on and the testimony also showed that, although frequently severe injuries resulted from these fights and the recipients often had to be taken to the hospital. noth- Ing further was ever heard of them. This the defense brought out in cross examination, 1t being evidently intend- ed to show that the authorities also winked at the code and the prearranged | fights under it.
 Interesting side lights to hazing or running" as 1t is called at the Acad- emy, developed from the testimony of one of the midshipmen. Merriwether had been generally dislilxed because he was "too ra.ty'--that is. 1t was ex- plained. that he did not abide by the rules laid down for the government of the lower cIassmen. Some of these were that he should never enter "L.ov- ers' Lane," an Academy walk; that he should turn all corners at right an- gles, should not look at an upper classman and should answer most re- spectfuIly when addressed by one of them: that he must never touch the ta- ble nor ask for anything during a meal and under no circumstances fuss that Is to be in the society of young women.
 These rules and many others are con- tained in that part of the "code" relat- ing to the government of under class men. Branch has been one of tho mid shipmen, who, according to the testi- mony, determined to make his life mot worth living for Merriwether be- cause he would not abide by these rules. and from that the enmity arose.
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