The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-01-05

Defense Ill bCCuttI = SoSS SIo7So' |
Annapolis, Md, January 2-Thel
testimony of Midshipman Stephen Del
catur. in his own defense today before
the court NATAL, revealed the fact that
midshipmen in the United States navy
are in direct conflict in statements they
have made under oath. Decatur de-
nied specifically and positively all the
statements made by McCreary 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 McCreary
before he saw him in the court martial
room.
McCreary had testified positively,
during the first days session, that De-
catlr had ordered him on his head,
and to do Number &c." and Church
also said that Decatur had given him
g. similar order. The cross-eXamlna-
ton brought from Decatur the ad-
mission that he had ordered Church TO
report to his room and that some one
there compelled the clasSman to per-
form Number 16." AS Decatur was
the ranking cadet officer present, the
~Oroecution will contend that this fact
is sufficient to fix the Offense OF haZlng
on him. The defense contends that
under the charge, as we'll as the act OF
1874. the mere cOuntenanc1nS OF, OF
allowing haZing, is insufficient ana
that active participation must De
proved.
Decatur was the last witness Tor the
defense. Asked if he knew McCreary,
he answered, Il may have seen hlm
before the trial, but have no recollec-
ton of it. | may have heard his name
but do not recall it,
He said he remembered being in his
room after dinner on the afternoon
when the pictures of the cadet and
nettv officers were taken, this being the
day on which McCreary SAID Decatui
had hazed him. Asked if he had one
any of the things stated in the specl'
fcations his answer was uniformly: 81
did not" y
He positively denied ever hazins
McCreary Or Church.
On cross examination Decatur wa:
asked If he had ever e the Hun
garian band" He said that he nad
and that it was AN OrganlZatlon VI
fourth claSsmen, who sang and played
the banjo for upperclassmen. He ad
mitted that they had performed in hi
room twice. The judge Il
understood to have information tina
McCreary belonged to this orga1ilZa
ton. but Decatur said that the onl.
member of it he remembered was Ben
nett.
The most interesting testimony, mex
tn Decatur, was given by Midshlpmal
+ r. Marion. of Florida, who is ais
under charges for haZing and will D
tried shortly. MarZOni was the mrs
witness. other than the fourth class
men. to state that any fourth men Wef
in the room with Decatur, and IN ina
particular his testimony corroborate
that of Midshipman Church. He sal
that while he was in Decatur's room
Church had come in and had been toll
TO do Number 16." in the closet, an
afterward had been told to stop. ii
AcOuId not remember who had given I'll
order, but was positive 1t was not De
catur. His evidence was In stfon
contradiction to other evldence pre-
duced by the defence, as he SAL
that q person could easily be In I'D
closet undergoing haZing II not o
seen. while. all the others SAID that
a nerSOn had beer haZed in the Close
while they were in Their Dom, the
vouId certainly have seen him. Mar
zoni mentioned Midshipmen Grave
and Lowe, Of the first class and Coz
NaoIa and Keller. of the second, as be
ING In the room during the haZing
Church The first two named wi
also he tried for haZing shortly. 1t
understood.
The other witness introduced WEI
Midshipmen George f.. Trevor Ill
Robert E. Thornton, both fourth cia
men, who testified that on sunday ia'
Church had said that the more 4
thought of it the more unWlillns L
was to swear that Decatur was III
one who had hazed him. inns Is
violation of orders, as all the Witness
are warned not to converse aDoul the
testimony.
1t is understood that the "Hungarla
Sand" reference to which was mac
by Judge Advocate Harrison, is one {
the creations of the haZing systel
which the court of inquiry has Oh
covered and that quite a u {
the upper classmen may be compete
to face charges based on the pand
compulsory concerts.
The defense in Decatur's case close