The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-01-04
NO Time WASTED
IN DISCUSSION
CIii2ers Trying Young Decatur Made
Up Their Minds in Short
Order.
FINDINGS SENT TO SANDS
CASE AGAINST CADET FOSTER
COMES UP TODAY.

Annapolis Jan 3.-The case Of Midship-
man Stephen Decatur. jr., who for three
days has beeen on trial before a naval
court-martta1 for the alleged hazing of
Midshipmen Isaac n. McCrary and Gay
lard Church, was given to the court
shortly before o'clock this afternoon.
At 4;45 the court had decided upon their
findings, which will be forwarded to the
superintendent of the naval academy for
his action Under the law the record
then goes to the secretary Of the navy,
put Secretary Bonaparte has announced
that he regarded his duties in the matter
as merely ministerial. and that unless
some glaring error should have passed
me superintendent notice he Will APP
prove the action Of Admiral Sands
the case of Midshipman ". w Foster
OF New Albany. Ind. will be taken up
tomorrow. and that Of P. B. MaTaOnt Of
Pensacola, Fla, as soon as the case
against Foster is concluded. Both are
IlrSt-claSS men, and both are charged
with hazing Midshipman G. Roberts Of
Joliet, H., on several different occasions.
AIibI Established.
Mr.. Randall opening for the accused.
directed his attention entirely to the spe-
clrtcat1opS which alleged the haZing of
MIdshtpman McCrary. He said that the
defenSe labOred under the C-fficulty that
the specifications were so. drawn up that
ithe incidents charged might have oc-
I CURED at any time within the space of
six weeks, but that fortunately McCrary
had made Il definite by saying that the
! na1ing had Laken place on the day that
Decatur had his picture taken in the
group OF Officers and nOn-commissiOned
orrtcers, and that the picture had been
taken after dinner and before study hour
Inc DEFENSE had prove. Mr.. Randall said
that only one picture had been so taken,
and the evidence shower that Decatur
could not possibly have been in his rooms
When the hazing was alleged to have
been done. He urge that an alibi was
completely established.
Decatur Not Present.
The prosecution. he said. must stand
on the case as made out by its own wit
nessSeS. and the allegation as to the
D. time, place and Identity made by McCra-
ny had been absolutely disproved. The
overwhelming proof was that McCrary
was not in Decatur's room when he said
that he had been hazed Mr.. Randall
urged very strongly in his closing re-
of as much weight as that Of McCrary,
and that he absolutely denied that he had
ever hazed the latter.
Mr.. Theall confined himself to the dis
cussion OF the fourth specification, which
charged that Decatur had haZed Gaylord
Church by compelling him to perform
mo. 16"
He said that they were not so fortunate
In this part of the charge as the other,
inasmuCh as the witness had not fixed a
Definite time as TO is hazing, and the
NEAtAlSt was NbIllpSiltu 10 cover q period
OF several weeks. Still, he said. they
were favored by the fact that they knew
that the accused denied ever having
hazed Church in any manner.
Church'S own testimony, Mr.. Theau
Continued, raised n sufficient doubt as to
Decatur's guilt. He quoted from the rec
ord TO show that Church had said that
he did not know Decatur at the time Of
the haZing except "by instinct" and that
he was under the impression" that De-
catur was the one who had hazed him.
Judge Advocates Theory.
The remarks Of the judge advocate were
extremely brief. He said that his theory
OF the testimony Of McCTary was that
the latter had made an honest mistake
as to the day on which Decatur had
hazed him, but that he was unable to be-
false statement against an upper-Class
man.
AS to the fourth specification, the Judge
advocate said that the admissions of the
accused to the effect that he had or
dered Church 10 his room and then per-
mitted him to be haZed justified the con
clUsiOn that he had ordered him there
for that purpose, The judge advocate
informed the court that IL case it did not
consider any Of the charges proved ex-
actly as the specifications laid down, but
considered that proof showed that the
charge was justified, the court had the
authority TO find the accused not guilty
as 10 certain words in the specification,
Sbut guilty OF certain substituted words
Aand guilty of the charge
An intimatiOn has been received from
an official source that should Decatur be
acquitted Of haZing by the court-martial