New-York tribune., 1905-11-25
ASK AUTOPSY ON BRANCH.
COURT GRANTS REQUEST.
Prosecutions Challenge of AdmrdI
McCOrmick Not Sustained.

Annauolis Nd. Nov. 24-Two Of the most re-
roarkable incidents in the history of naval court
rnartials in this country marked to-day's ses-
sion of the court which is trying Mfdshlphah
Minor Meriwether, jr in connection with 'he
fight between himself and Midshipman James
R. Branch Rear Admiral Alexander H NC
Cor1nick next in point of rank of the members
of the court to Admiral Ramsay. its president
was challenged by Judge Advocate Mark after
the whole testimony for the prosecution ha0
been submitted, and a request was made by the
counsel for the accused that the body OF Nllu-
shipman Branch be exhumed and an autopsy
held. This request was granted by the court
The grounds for the challenge Were first, that
Admiral Mccormick had consulted with h1gn
medical authority (Medical Director Thomas q
Walton Z S N. retired in relation to the case;
second that he had by his repeated and con-
tinued cross examination OF the prosecution
witnesses practically taken the place OF the
counsel for the accused; third, that he nao
evinced the possession of a theory in the case
which was so rooted that it would be impossl-
BILE to move it by the evidence.
After considerable discussion, Admiral Ram
saw announced that the challenge against Ad-
1niraf Mccormick had not been sustained.
The request for an autopsy was made by Lieu
tenant Commander Robinson after the conclu-
sion of the prosecutions testimony The court
was cleared, and, after consultation of quar-
ter of an hour, 1t opened and Admiral Ram
say said that the court had determined TO
grant the request and that the Secretary OF
they Navy would be requested to order the body
exhumed and a post-mortem held.
Surgeon A. NJ. D. Mccormick was the first
witness called yesterday He said:
saw Branch between 10 and II Monday
morning He was unconscious; his left side was
DaralvZed and he was much bruised about the
face head shoulders and forearms. Ihe synp-
toms indicated oedeIaa of the brain, producing
compression think the condition was brought
about by the repeated blows he had received
on cross-examinat ton by Mr.. Munroe counsel
for Meriwether, Surgeon Mccormick said that
an autopsy might have developed cause OF
I death existing prior TO the fight and that II
/ might have Indicated more Clearly 'iie ~
/ cause of death. ..e.5
mr. = p Stone was recalled, and testified
from the academy records as to physlcaI s eA-
/ amina ton Of Branch about eight mouths Piio1
! tn his death This examination, he SAID, 1ncluueu
! the heart and no disease of that organ was ols-
/ cerned. .,a-.oz ,o+,, n,i+
Tbe prosecution closed its case in the fore
noon and the defence offered two witnesses III III
| tho afternoon session. They were MldSnlpLIeli
/ TJorhart r Iabhardt classmate and former
roomnlate of Meriwether and Midshipman Nor
/ man NJ. Smith - rr,och ,,a
done things to Meriwether calculated TO MAKE
| good his assertion that he 'WouIo hlaA0 iA
not worth living for him. .,,o-
! Nc @ M C5oodlett of Nashville, Tenn, mono
| 49, president and founder of the United Daugh-
+ers of the Confederacy, sent the following lele-
prran to Midshipman Meriwether, VINO Is d klils-
| Of hers:
,r7,a h1ood of your revolutionary ancestors
a,,'5 bay,a risen up against you had you done
.I,ise MIu,~ is tban accept the challenge of Mid
| snfpman Branch.