Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-01
COURT MARTIAL ENDS
TRIAL OF MIDSHIPMAN MERI-
wETHER IS CONCLUDED.
Judge Advocate Mark and Assistant
Attorney Rose Present Arguments
for the Prosecution.
Special From Staff Correspondent.

LUZ Lie 1IOScCutIUH
Special From staff Correspondent
ANNAPOLIS. Nd, December 1.-The
Meriwether court-martiai is ended far as
the public hearings are concerned. Counsel
for the defense and for the prosecution yes
terday concluded their arguments. The
court will consider it's verdict in secret,
turning over the result to the Secretary of
the Navy probably on Monday Tuesday.
Public sympathy at Annapolis rule
has been with Meriwetfler, and the feeling
seems to be that while he may be dismissed
from the service as the penalty for having
brought the academy too much into tina
lmelight. he certainly will not be further
proceeded against. In fact the court-mar-
tial viii have eStOpped acton by the civil
authorities.
Argument of Judge Advocate.
The close of the case yesterday was very
prompt when all the evidence was in: argu-
ments of counsel were not long on either
side. After the fervent appeal for sym
pathy and lenient judgment made by Lieut..
Commander Robson. reported in The
Star yesterday Capt Mark spoke for the
government. His address was cool and
calculated. taking advantage of every legal
point in the charges and in the evidence
1t an appeal to the head rather than
to the heart, just the opposite of Com
mander Robisons plea. The judge advo-
cate said, in part:
'Manslaughter is divided into two classes.
voluntary and involuntary. No man would
think that even if the verdict Is manslaugh-
ter in this case that anything but involun-
tary manslaughter can be proved
Capt. Mark said the court had been par
ticularly fortunate in its Witnesses but he
called the attention of the court to two who
were most unsatisfactory. Midsihlpman
Churchill Humphrey, who had told of an
elIeged interview with Capt Colvercoresses,
in which he claimed that the captain had
directly approved of this so-called code,
and the other Midshipman Fitch the referee
in the fight He said he wished to impeach
Fitch's testimony, and call the attention OF
the court to the fact that Fitch three times
testified under oah before he brought out
word about Branch's fatal fan.
Capt Mark also found fault with the tes
timony of DR.. Glazebrook Of Washington,
who was one of the strongest witnesses for
the defense. He said 1t was unheard of
that he should have been called to the
stand at all after hearing the evidence of
the previous witnesses. and he asked the
court to give weight to this in considering
his evidence.
No Excuse for Fight.
As to fighting in general the judge advo-
cate characterized it as brutal and degrad-
ing He said it had been clearly proved
tH3t the duinOlltltS Oh me StiloOl u u iioI
know of the fights and did not sanction
them. He said Meriwether knew he was
breaking the regulations when he fought,
and asked the court that the case as pre-
scented against him should be considered
fully proved.
At the close of the morning session it was
announced that the assistant prosecutor,
District Attorney Rose. would come over
from Baltimore and address the court al
2:30. The case was accordingly adjourned
TO that hour.
The argument of Mr.. Rose was the sub
ject of a slight tilt between the Judge ad-
vocate and the counsel for the defense.
Commander Robson claimed that there
was an understanding with Judge Advocate
Mark that Mr.. Rose should not speak. As
Mr. Rose had not his credentials as assist
ant prosecutor with him, Commander Robi-
son tried to make this a legal point against
him. Capt Mark declared that this was
legal bubble and the first that had been
introduced in the case The court upheld
him and Mr.. Rose was allowed to pro-
coed.
He said there was no question that the
charges of disorder and conduct prejudiciai
to discipline and TO the good of the service
had been proved on the admission of the
defense AS to the manslaughter charge,
he said it required more careful considera-
ton He took up the legal 20 nts. and sa d
that even granting the autopsy had proved
that Branch had come to his death from
fall in the fight. and not directly from the
blows Of MeriWether's fist, the legal re-
sponsbilitY was the same. He said that
under the law the autopsy had not dis
proved the charge of manslaughter and
that Meriwether was legally guilty.
On the conclusion of this address the
court adjourned for the day and will con-
slider its verdict In executive session.