Evening capital. (Annapolis, Md.) 1884-1910, 1906-01-05
MARTONI BEFORE THE COURT
CHARGED WITH HAZING THREE
FOURTH CLASSMEN.
Counsel Asks And Is Granted
Delay of Proceedings-The
Hungarian Band
Figures.
CASE POSTPONED UNTIL To-
MORROW MORNING.

The case of Midshinman Peterson
Il. Marzoni, charged with five cases
of hazing, was begun this morning
before the naval court martial in ses-
sion here. Immediately after the read.
ing of the charge and specifications.
Mr. George II. Mann, counsel for the
defence, asked that the further PRO
oeediugs be delayed until 10 O'Clock
tomorrow morning in order To give
him time for the preparation of the
case. The delay was granted by the
court.
The specifications under the charge
against MaTzoni are six ia number aud
allege the hazing of three different
fourth classmen. The first states that
Marzoni hszed Midshipman Chester
S. Roberts, of Joliet, H., by COMPEL.
lug him to perform mo. l6'' a num-
Der of times Roberts is the same
midshipman whose hazing formed the
basis of the charge against Midship-
mau Worth W. Foster, whose trial
has just been completed. The second
and third specifications allege that on
two different occasions Marzoni COM
pelled Midshipman Benjamin w, Tye,
of Atlanta, Ga, to bring Marzoni's
breakfast to him in his room.
The last three specifications concern
Midshipman Albert 9 Rryant. Of
Canton Bend, Ala. The first of these
tthe fourth specification is that Mar
zoni compelled Bryant to bring break
fast to his room. The last two allege
that Marzoni compelled Bryant TO
stand on his head about twenty times
in succession and to perform a. No. l6"
about fifty times. The trial of the
case will proceed tomorrow and il will
certainly occupy the whole of the
time and will most likely extend over
Monday also No case has been as
signed to be taken mp after Marzoni's,
but Lieut.. Commander T. T. Magru-
der, aide to Superintendent Sands,
who has charge OF the matter, stated
that a case Will always be ready for
trial upon the conclusion of the one
that preceded il. He had no idea
what period this statement would
cover. but intimated that it would ex-
tend over a considerable length of
time
Marzoni was brought before the
court and introduced by Mr.. George
Ii. Mann, of New York, his counsel.
Mr. Mann asked that the trial of
the case be delayed until the opening
of the court tomorrow and the request
was granted. Mr.. Mann is a former
member of the class of 1895 of the
Naval Academy and knows lot about
hazing from practical experience
He therefore thoroughly understands
the views of both officers and midshiL-
men on the subject and it is likely
that some new points will be developed
during the trial of the case against
Marzoni. Both the midshipmen and
his counsel feel confident of securing
an acduittal in the case.
Mr. Mann said today that while
Marozni will plead not guilty to the
charge and all the specifications, in.
asmuch as he denies any cfimiDality
in any of bis actions, yet he will go
on the stand aud admit certain facts as
alleged in some of the specifications.
He viii not deny the second, third
and fourth specifications, in so far as
they charge that articles were brought
TO him from the breakfast by rye aud
Bryant, but he will contend most Wig
orously that this was willingly done
by the under olassmeu, who ne con
sidered his friends, just as "A member
of higher class might 1ave done for
another member of the same class.
1t is believed by Mr. Mann that too
severe an attituCe has been taken gen
the upper and lower classlnen among
the midshipmen and that every Incl
dent of the kind, whether of the most
casual nature or mot, has come 10 be
considered hazing. He takes the view
that the only practices which really
constitute hazing within the meaning
of the statute are such things as
really amount to cruel treatment or
persistent annoyance aud that there
are iBoideuts of good natured fun in
the relations of upper and lower class
men which should not be considered
hazing in any fair sense In the spec
ifications against Marzoni it will be
admitted that the under classmen-
I've and Bryant-brOugh glass Of
milk or "A roll to Marzoni' 5 room, bui
| it is believed that they will say them
selves that they had no objection tc
doing this and acted under no oOmpul
| sion.
The first specification, alleging tina
| Midshipman Roberts was compelled
| to,perform No. l6, - the fifth. alleg
ing that Bryant was compelled L
/ stand on his head about twenty times
and the sixth, alleging that the same
mioshipmaD was compelled to per
form "No. 16' about fifty times, viii
be bitterly contested by the defence.
The purpose Of the Naval Academ,
authorities is TO try most of the sub
| sequent cases under the Act of 1874
as amended by the Act of 1903. Tn
| former applies to direct acts. Of haz
ing but the latter provides the pen
| atty Of dismissal for encouraging 0
participation in haziug" as we'll Til
form under both acts will be used &C
cording to the nature of the case an
the character OF the evidence by whicl
it will be supported. Although j
| takes less to establish case Of haziDI
under the Later Act. yet the produc
tion of the evidence is more Difficult
owing to the fact that witnesses cal
more readily claim immunity from
answering on account Of sef-crimiua
tioD.
On the whole, the new practice vii
be a great aid in the prosecution o
the hazers. The courts ruling ha
been that mere presence was not IN
elimination unless there was somi
| circumstance which showed close
/ connection with the haziDg. Eyei
with the broader language Of the lat
ter statute the court IS not likely Z
hold that every casual visitor upon tn
scene of q hazing incident was con
nected in a criminatiDg manner Will
that incident.
IL ItIwas rumorsd today that Midship