The Washington times., 1906-01-12
EXPECT DECATUR
TO Be ACQUITTED
Second Trial of MILDLY Is
Brought tOa Close.
OTHER TWO NOT so LUCKY
Believed That the Court Has Found
Foster and MarEoni Guilty
of HaEing.

ANNAPOLIS. Md. Jan. 1z,-The sec
ord trial a Midshipman Stephen De
catur. jr. for hazing will probably be
brought TO close today. II is generally
believed that he will be acquitted. Ii
not, his counsel. will demand that the
verdict be. set aside on the ground thai
he has been placed in jeopardy twice
for the same offense.
From the fact that no announcement
has been made in the eases of Mid-
shipmeR Worth ". Foster, of Indiana
and p. b. MarzonL of Florida, it is be
leved that the court has found these
TWO men guilty.
Theall Begins Plea.
f. s. Thean. counsel for Midshipmar
stephen Decatur. jr,. addressed the
CouTt-maTtial at the opening OF the seS.
sion this morning, He quoted two opin>
ions OF Attorney General Garland 10
show that hazing, at the time OF the
passage of the act of 1874 was known
to mean treatment which was barbar-
Gus, inhuman OF cruel in physical
sense. and that none of the allegations
against. Decatur amounted TO TINS
The first specification. alleging tIaL
Chester $ Roberts. had not oeen prov
ed. Mr. Theail claimed, as ROBERTS tes-
timouV was most uncertain. ana De
catur absolutely denied the whole mat
ter.
In regard TO the second specification.
II was urged thar Mailley, the IOurth
class man. had brought. meals 20 the ac-
cused AS matter of friendship ana
clearly not under compulsiOn.
Not Always Hazing.
AIR Thean urged particularly that the
court should not assume that because
fourth class men and upper class men had
certain relations. that there was hazins
going on. This is not always the case,
said Mr. Thean. and the evidence In
this case shows that more Of the upper
and lower classes often met in relations
of friendship.
The charge encouraging or cOunten-
ancing hazing' in connection with being
present when Gaylord Church was pres
ent is not proved. he said, because 1t IS
not settled that Decatur was the senior
present.
Judge Advocate Severe.
i must express my growing feeling of
surprise. Indignation. and humiliation
at the evident hostility 10 the Govern
ment OF most of the witnesses who have
evident disregard for the fun obligation
of their oath to disclose everything
within their knowing relating to- the
matter before the court.
This is the language with which Judge
Advocate. Harrison expressed the view
of nearly every one who has heard the
testimony of midshipmen before the
court-martial which has been trying al
legged cases of hazing at the Naval
Academy. a
The Judge advocate briefly summed
up the case of the prosecution against
Decatur. He said that the testimony OF
Roberts as 10 being sent with nom
sensical message by Decatur was, in the
main, corTODorated. The second speCin-
cation under the charge of hazing that
Decatur had his meals brought him bN
Fourth Glass Man Mailley was. he said.
admitted, and the court. after careful
cons Iteration. had already ruled that it
constituted hazing.
As 10 the second charge of "encOurag-
ms and couutenancing haZiug. support
cd bE the specifications that Decatur
had sent GaylOTd Church 10 room and
had theirs permitted some one 10 compel
him TO 40 the sixteenth, the facts, be
said. were admitted and If they did not
constitute the encC ura cement and coun-
tenancing OF hazing, then no set OF FACTS
could.
Al lI;al the court was closed for the
purpose of considering a verdict.
Done With First Glass.
The authorities are done with the
members OF. the first class IN connect ton
with hazmg for the present at least.
and possibly for god. Following the
course that has been laid down the
Naval Academy authorities win not
lodge charges against the next man un-
Ill late point is reached in the trial
of the midshiBman just ahead of him,
but the statementfwas made officially TO-
DAY That the next one would not be a
member of the first class. Il is saT-
missed that il is-a member of the third
class. though this is not definitely
known.
Others Under Suspicion.
II is possible .that if the authorities
had information which would justify
proceedings against other first class
men they would alloy their trial to fol-
low as quickly after each other as pos
sible so as not 10 interfere with gradu-
alton. AS the other three classes Will
remain al the Academy a court for one
OF the members OF the second or third
class could be postponed more readily.
Ii is very well known thai the MEM
beFs of the first class against whom
charges have been He'd, are not the only
rs1sar9a bhrG a Thai class Wbp are under