Evening capital. (Annapolis, Md.) 1884-1910, 1906-01-03
.IHE TESTIMONY CONCLUDED
DECATUR'S CASE IN HANDS
OF The COURT.
Defence Argues That The Charges
Were Not Proven Prose
cution Contends To
Contrary.
THE CONVICTION OF DECATUR
is DOUBTFUL.

phe testimony both for prosecution
and defence closed this morning in
the court martial proceedings against
Midshipman Stephen Decatur, Jr.,
charged with the hazing of Fourth
Classmen Isaac n. MeCrary and Gay
lord Church. at the request of the
Judge advocate and counsel for the de
fence, the court took recess until .
O'Clock this afternoon when the argu
ment will be concluded. The case
will be given to the court this after
noon.
AS the case stands at the end of the
testimony there is no question but
what the accused stands in the great.
est danger of conviction of the fourth
specification, which alleges the haz.
ing of Midshipman GAYLORD Church
of Meadville, Pa. Decatur is charged
with hazing Church by causing him
TO perform No. is, - usual form of
hazing. Church testified to this and
Decatur admitted that lie had ordered
Church TO come to his (Decatur's) D
room aud that someone, in his pres.
ence, had ordered Church to perform
as specified He denied, however. that
he gave the order.
Decatur'S 5 explanation of his reason
for ordering Church TO his room was
that he had sun lied in ranks and was
to be reprimanded This, in itself,
was a breach of discipline, and the
accused was put in bad position
when he was compelled to admit that
he did not reprimand Church, but had
him ordered in the closet to be hazed.
Counsel for the defence will urge that
under the Act of 1874, active partic..
patton in haziDg must be proved to
suppart the charge. The prosecution
contends, however, that the admis-
sions, coupled with the testimony of
First Classman F. B. Marzoni, to the
same effect, is sufficient to support
the charge of hazing, particularly as
shipman Decatur was the rank
ing midshlpman present. It was also
stated that if Decatur should be clear
ed on the present charge. clear case
vent the hazing of Church in his room
could be made out in subsequent pro.
ceedings.
1t is hard to see how q conviction on
the specifications which relate to the
hazlng of McCrary can be justified.
MoCrary testified most positively that
Decatur did the hazing alleged in two
of the three specifications, but Deca-
tur fatty denied it. There were no
corroborRting witnesses TO McCrary Is
tale and however unlikely it may ap-
pear that fourth classman who testi-
fed with evident reluctance would
fabricate CON pletely a detailed story
of being hazed by a particular upper
classman, it is regarded as a danger
Gus stand TO convict upon such a state
of evidence.
The case of Midshipman Worth ".
Foster, of New Albany, Ind, will be
taken up tomorrow and that of Peter
son B. Marz0ni, of Pensacola, Fla as
soon as the case against Foster is con-
cluded. Both are first classmen and
both are charged with hazing Mid
shipman Chester S. Roberts. of Joliet,
ILL.,, on several different occasions
There are two specifications under the
charge against Foster and four against
Marzoni, Roberts evidently being a
newcomer who came in for a special
dose, if the allegations are true. 1t is
specified against Foster that he COM
PEELED Roberts to get under q table
while he was eating his dinner in the
mess hall and that he compelled him
to hang to the top of the door frame
for long period of time.
Three of the specifications against
Marzolii allege that he did, on differ
ent occasions, compel Roberts to bring
him food from the dining room, an
act contrary to the Naval Academy
regulations. The fourth specification
is that he compelled Roberts to stand
on his head a number of times in sue
ce ession aud the fifth that he compelled
him to hang from the locker in his
(Marzoni 81 room. Marzoni was one
of the witnesses called by the defence
yes erday in Decatur's case. His evil
dencs certainly did not help the ao-
cused, and it was thought that the
charges against him concerned the
same matter as did Decatur's. so far
as it referred to Midshipmal Church.
This is an error, however, as all the
specifications in Marzoni's case refer
10 the hazing of young Roberts.