The Birmingham age-herald., 1906-01-12
DECATUR'S CASE Is
 NOT 50 SERIOUS.
Defendant Goes on Stand in
 Hazing Trial
PROTECTED AT BOTH ENDS
If He Is Found Guilty of offense His Attorneys Will at Once Enter Plea of Former
 Jeopardy.

Annapolis, January 1.-The last stages, except the argument of counsel and of the Jusge advocate, were completed this afternoon in the case of Midshipman Stephen Decatur, Jr., charged before a naval oourtmartial with lhazing. The &C., cused occupied the stand for about three quarters of an hour and his testimony is regarded as having strengthened his case.
 It Is admitted that Decatur Is in greater danger of conviction upon the last of the three specifications than of the others. This Is the one that charges that the accused Encouraged and countenanced' the hazing of Fourth Classman Gaylord Church Inasmuch as this specification was substantially alleged in the first case against Decatur, his counsel will urge the Secretary of the Navy to set aside the verdict in case Decatur is con- vieted. on the ground that he has been twice in jeopardy for the same offense.
 Decatur was on the stand as to the facts in relation to the specifications al- legged against him. As to the first specifi- cation alleging that on or about November 1 he sent Fourth Classman Chester Rob erts to a room in which were upper classmen with the message, "If she had been a dog, do you think she would have done it In this way2"
 Decatur said: q did not send such a message"
 His counsel then asked about the cir cumstanees connected with the bringing of breakfast to him by Charles C. w.. Mailley of the fourth class.
 Decatur said that he had met Mailley early in tho academy term, and liked him.
 Did Not Punish Him.
 One morning Decatur had missed break fast and had asked Mailley casually why he had not brought him any breakfast, and has spoken in the same way to Graves, the aecused's roommate, and to Midshipman Hall of the second class. Af- ter that Mailley brought him breakfast a number of times, but did not do so al- ways when Decatur had missed the moKn- ing meal. On the occasion when Mailley did not bring him breakfast, Decatur said that nothing was said Or done to him. He continued
 'I never gave any order for him to do it. and did not understand 1t that way at all. l never thought of punishing him in any way for failure, and suppose that he brought the food because he liked me, and l had befriended him in some ways.
 The accused was then examined as to facts alleged in the specification, which was the only one underl the act of 1891, and in which "encouragiin Or countenanc- ing hazing" is made dismissal offense. Inasmuch as Decatur had already been examined upon this incident in his former trial and had made admissions which caused the academy authorities to be- lieye that his conviction on this "specifi- cation was probable" the accused started with a handicap. Decatur said
 Told Church to Report.
 "I told Church to report to my room because he had laughed in ranks, and wished to reprlmand him. When he came in l was standing in the other part of the room, talking to number of midship- men, and l did not take any particular notice of him. do not remember that said anything to him at all, but remem- Der that some one said something to him about getting in the closet. Church went into the closet but l don't know what lie did In there. He staid about three minutes.'
 The court then adjourned until tomor- row