Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-12
CASE GIVEN TO COURT
Midshipman Decatur'S Hearing
Closed Today.
IN THE HAZING AFFAIR
Accused is in Grave Danger Of Con-
viction.
ATTORNEY THEALL'S ADDRESS
If Decatur is Dismissed It is Said Ap-
peal Will Be Made for His
Reinstatement.
ATTORNEY THEALL'S ADDRES!

ANNAPOLIS, Md, January 12-E. s.
Theall of Washington, D. c., addressed the
court-martial this morning in behalf OF
Midshipman Stephen Decatur, jr Judge
Advocate Harrison stated the case Of the
prosecution and the case was given to the
courut.
he case is the second one of hazing
against Decatur which the present court
has tried 1t is generally apprehended that
the accused is in grave danger of convic-
tion on the charge of hazing Forth Class
men Charles c. w. Mailey by having him
bring him his breakfast to his room, and
Of encouraging or countenancing' the haz-
ing of Gaylord Church, who, he admitted.
was ordered to do the Sixteenth In his
presence.
If Decatur Is dismissed it is annaunced
an appeal will be made in his behalf to the
Secretary Of the Navy and probably to Con-
gresS.
Attorney Theall's Argument.
In beginning his remarks Mr.. Theall
called attention to the fact that in order
to convict the court must find that the
proof was such as to absolutely exclude
any hypothesis except that of the guilt of
the accused. He then urged that the court
had erred in refusing to admit evidence as
passage of the act of 1874.
In support of this view he quoted an opin-
ion of Attorney General Garland, which ap-
parently limited the meaning. of hazing to
treatment that is cruel in a physical sense.
Mr.. Theall claimed that any enlargement of
this definition could not be made by the
academy authorities
The specifications in this case, Mr.. Theall
said, We're that the accused sent message
by one fourth classman, let another bring
him meals, and was present when third
did the sixteenth a moderate number of
times. None Of these, he said, could rea-
sonably be construed as hazing.
Prosecution Should Elect
The court then asked that the prosecution
should elect whether the gravamen of the
second charge was encouraging or 'coun-
tenancing' hazing, both of these being al
legged
Il do not believe it is in the mind of a
member of this court that Congress intend
ed that young man should be dismissed
for such things as are here alleged" said
Mr.. Theall. There is a regulation under
which he can be punished with demerits.
but submit that 1t would be hardship to
dismiss promising midshipman, about to
graduate, upon such allega ations as these" ;"
Mr.. Theall thought that the specifications
about the sending of the message by Ches-
ter s. Roberts had not been proved. The
testimony of Roberts, he said was un-
certain. andi was absolutely contradicted
by Decatur.
Meetings Not Necessarily Hazing.
Every meeting of fourth and upper
classmen Is not necessarily hazing," said
Mr.. Theall. 1--WE, who have been through
the academy, are prone to believe that but
it Is not necessarily so. In fact the evil
dence in this case has shown that they
have met on perfectly friendly basis in
certain instances"
The attention OF the court was then d.
rected toward the second charge that of
encouraging or countenancing hazing"
The essence of the specification Is that the
accused is guilty because he was the senior
officer present, Mr.. Theall said. and it has
not been proved that he was.
On the other hand, he said, 1t was stated
that large number of other first classmen
We're present, and 1t was also proved that
by the academy regulations Graves was in
charge Of the room at that time.