The daily morning journal and courier., 1906-01-03
MIDSHIPMEN MISTAKEN
 OR TELLING UNTRUTIIRlSS
AT CADET DE- CAPTURES TRIAL FOR HAZ-
 ING CONFLICTING.

Grandson of Famous Naval Hero De-
 nies Specifically and Positively tIie
 Stories of McCrary and Church---De-
 cIares He Never Hazed Either of
 Them-Defense Closes Its Case and
 Trial May Conclude To-day--tDesper-
 ate EffOrr $a Save the Aceaaed.
 Annapolis, Md, Jan. 2.-The court martial which is trying Midshipman Stephen Decatur, jr., of Portsmouth, N. H.. charged with the hazing of Fourth Classmen Midshipmen Isaac N. McCsra- ry, of Tejaa and Gaylord Church Pennsylvania, resumed its sessions o'clock this morning.
 The testimony of Midshipman Do tur in his own defense revealed the that midshipmen in the United Sta6 navy are in direct conflict In statement they have made under oath.
 Decatur denied specifically and posiSN lively all the statements made by Mo- Crary and Church which connected him with their hazing. He said on the stand that he had never hazed either of the men, and did not even know MoCrary before he saw him in the court-martial room.
 The court is thus left to decide be- tween the testimony under oath of the upper and lower olasssnen. Other wit nesses have been introduced to benr out the defense's theory that the prosecut- ing witnesses were mistaken as to who had hazed them.
 McCrary had testified positively dur ing the first days session that Decatur had ordered him to stand on his head and to do Number 16,' and Church also said that Decatur had given him similar order.
 The cross examination brought from Decatur the admission that he had orz dered Church to report to his room ~ asS@ that some one there had conpellee @le under olassman to perfngn "NuMher 16." As Decatur was the ranking cadet officer present, the prosecution Jill con tand that ibis fact is sufficient t, tsss tlSs, the offense of hazing on him. The de- fense contends that under the charge as well as the act of 1874, the mere countenancing of or allowing hazing is insufficient, and that active partieipa- ton must be proved.
 Decatur was the last witness for tho defense. He was first asked if he kney McCrary, and answered.:
 T may have seen him before the trial. |. +lo~ e Y &t have heard his name, but do not recall it."
 He was then asked if he remembered being in his room after dinner on the afternoon when the pictures of the car det and petty officers were taken, this being the day on which McCrary said Decatur had hazed him. He said that he did, and was then asked by his coVsG1' sel, in the language of the spectficar tions, whether or not he had done any of the things there stated. To every one of these questions his answer was& "I did not"
 Finally he was asked if he had eyeE hazed either McCrary or Church, and his answer was positive negative.
 On ross-examination Decatur was asked If he had ever seen the Hun garian band" He said that he had, and that it 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-a advocate is nn- derstood to have been informed that MeCyrarv belonped to this organizatiOrl but Decatur said that the only member of it he remembered was Bennett.
 lCnnhinlled nn Eiphth PapeA