Evening capital. (Annapolis, Md.) 1884-1910, 1906-01-03
TESTIFIES IN OWN BEHALF.
MIDSHIPMAN DECATUR DE-
FENDS HIMSELF.
Denies Having Hazed His Accusers
Interesting Testimony
By Other Witnesses
Is Given.
DFcATUR'S DEFENSE CLOSES
AFTERNOON SESSION.


the fourth class, revealed the TACT
that midshipmen in the United States
NAVY are in direct conflict as TO the
things which they have stated on oath.
Decatur denied specifically and posi-
lively all the statement made by Nc
Crarv ami Church which connected
him with their haziDg. de said On
the stand that he had never hazed
either one OF them and did not even
know McCrary before he saw him in
the court martial room.
McCrary testified most positively on
tile stand during the first days session
that Decatur had ordered him on his
head and to do "No. is, and Church
said that Decatur had ordered him to
do the latter. The cross examination
brought from Decatur that he had or
dered Church to report co his room
and that someone there had compelled
the under classmen to perform No.
10" AS Decatur was the ranking
cadet officer present the prosecution
will contend that this fact is sufficient
to fix the offense of hazing on him.
The defence contends that under the
charge as well as the Act of 1914, the
mere oountenancing or allowing OF
hazing is insufficient to constitute the
hazing, but the active participation
must be proved.
Decatur was the last witness for the
defence. He was first asked If he
knew McCrary and answered 81
may have seen him before the trial,
but have no recollection of it.
NAV have heard his name, but do not
recall it, F." He was then asked If he
remembered being in his room after
dinner on the afternoon when the pie
ture of the cadet and petty officers
were taken (this was the day that
McCrary said Decatur had hazed him. }
He said that he did and was then
asked by mis- counsel. in the language
of the specifications, whether or not
he had done any of the things there
stated. To every one of these ques-
tions his answer was Il did not.
Finally he was asked if he had ever
hazed either McOrary or Church. and
his answer was positive negative.
On cross mination Decatur was
asked if he had ever seen the Hun
garian Band. He said that he had
and that il was an organization of
fourth olassmen who sang and played
the banjo for upper classmen. He ad.
mitted that they had performed in his
room twice. The Judge advocate evil
IDENTIFY had information that McCrary
belonged to this organization, but
Decatur said that the only member of
it be remembered was Bennett In the
cross examination in regard to Nc
Crary IS case, Decatur was aksed by the
judge advocate if he remembered any
ting about his actions on the different
days in November, naming them. He
remembered that one was Sunday
and another Thanksgiving Day but to
all others said Il don't know, sir. -
The most interesting testimony,
outside of that of Decatuer's, was that
given by Midshipman p B. Marzoni,
of Florida, who is also under charges
for hRzing and will be tried shortly.
Marzoni was the first witness, besides
the fourth classmen, stated that any
fourth classmen were in the room with
Decatur and in that particular his
testimony strongly corroborated that
of young Church. He said that while
he was in Decatur's room, Church
had come in and had been told to do
'No. 49, in the closet and then had
been told to stop. He could not re.
member who had given the order, but
was positive it was not Decatur. His
evidence was in strong contradiction
to other evidence produced by the do
fence, inasmuch as he said that per-
son could easily be in the closet doing
hszing stunts and not be seen, while
all the others said that if person had
been hazed in the closet while they
were in the room they would certainly
have seen him. Altogether he was
an unfortunate witness for the defence
and the specification in regard to the
hazing of Church seems to be more
strongly corroborated than that of Nc.
Crary's hazing.
Marzoni mentioned Midshipmen
Graves and Lowe, of the first class,
and Cox, Nagle and Keller, of the
second, as being in the room during
the hazing of Church. The two first
named will also be tried for hazing
shortly, it is reported The other wit.
nesses introduced yesterday afternoon
were Midshipmen George A. Trevor
and Robert E. Thornton. both fourth
classmeD, who testified that on Sun.
day last Church had said that the more
he thought Of it the more willing
he was to swear that Decatur w as the
one who had haZed him. AS all the
Witnesses are warned not to converse
about their testimony. this indiscre-
ton may cause the young man some
trouble.
II is understood that the "HunQar-
ian Band reference to which was
made by Judge Advocate Harrison, is
one of the creations of the hazing sys.
tenn which the court of inquiry has
discovered and that quite a number
OF the upper classmen may be COMPEL
ed to face charges based on it's compuI.
sorry concerts. The under classmeu
who compose it, sing and play on the
banJo for the entertainment of any
upper classmen who order it and Nc
Clary is said to be a member.
The defence in Decatur's case closed
yesterday afternoon aud there will be
several witnesses in Tebuttal, brought
by the prosecution. There is great
doubt as to its outcome and MANY be-
Ileye that Decatur will be clear ed
though hardly anyone questions that
he has been pretty close to the hazinp
system. Still the fact that no more
than one witness testifies to any spe-
cific act on his part and he denies ali
OF these. makes conviction doubtful
1t is admitted that the strongest case
is based on the fourth specification.
which relates to the hazing of Church
Deoatur's admissions and the testi :
mony OF Marzoni, his classmate. both
tend TO strengthen the case as made
out by the prosecuting witness.