Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-29
ON TRIAL FOR HAzIHG
Hearing of Midshipman Melvin
is Resumed
AT ANNAPOLIS, Nd, TODAY
Plea in Bar Submitted by Counsel
Overruled.
ACCUSED PLEAD NOT GUILTY
Fourth Glass Men Called to Witness
Stand-Incidents of Hazer's
Franks Recounted.
ACCUSED PLEAD NOT GUILTY

ANNAPOLIS Md, January 29.-The
court martial in session at the Naval
Academy resumed the trial of Mdship
man George II. Melvin on charges of haZ-
ing this morning.
The court adjourned on Saturday at the
request of the judge advocate, in order to
allow him to examine authorities on the
point raised by the plea in bar submitted
by Melvin's counsel. The question is one
of great Importance, as If it is allowed
the whole proceedings will be declared
invalid, and the sentences of dismissal
already imposed on number of midship-
men will be rendered nugatory. 1t Is
claimed that the court should have been
convened by the Secretary of the Navy,
under the act of 1885, instead of by the
superintendent of the Naval Academy,
under the act of 1874, as amended by the
act of 1908.
Shortly after the opening today the
court oyerruled the plea in bar of the ac-
cused.
Melvin's counsel then submitted an ad-
ditional plea. raising the contention that
the act of 1903 was imperative because
the SUPERINTENDENT of the Naval Academy
had failed to make rules and regulations
In regard to hazing, which, the plea al
legged. he was required to do under the
act
Judge advocate Iltil lISpn stated that
the act required no definition, but simply
authorized the superintendent to make
rules to suppress hazing. The court over
ruled the plea.
of not guilty to the charge and specifica-
tionS.
Put on His Head.
The prosecution called Fourth Classman
Theodore H Winters to the stand. He
said that early in December Melvin had
come to his room and put him on his head
because he had looked at him. He said
that he had gone on his head frcm ten
to twenty times and was laughing all the
time He fixed the date as December o.
1905, and said that Midshipman Sloan of
the fourth class was present.
John E. Sloan said that he had seen
Winters stood on his head at the order of
the accused. Both of them We're laugh
ing, he said.
Midshipman Alger II. Dresel of the
fourth class said that he had been told
by Melvin to learn to box the compass in
a week and he did not do it. Melvin he
said had then required him to do the
Sixteenth" about twenty-five times On
cross examination the witness said that
Melvin had always treated him in a
friendly way.
Midshipman Scott McFarlane stated that
he was Dresel's room mate and had heard
Melvin give him an order to do some
thing.
| The witness explained his failure to see
what Bresel was doing by the fact that he
| was on top the clothes locker ''reefing
sails.
On His Head Three Different Times.
Fourth Classman Edgar n Caldwell said
| that Melvin had him on his head three diff
ferent times for short period each time.
| The witness said most positively that he
| did not remember the accused having used
| abusive language toward him. He also
said that he was not tired In the least
| after standing on his head. The speciuca-
| ton alleged that Melvin used abusive lam
/ guage toward Caldwell
| Anson A. Merrick, fourth classman, said
| that he had seen Caldwell 60 on his head
at the direction of the accused. He said
/ that Melvin had not used abusive language
! toward Caldwell and that he never had
| heard him use such language. They were
/ all having fun together, he said.
John e. Sloan was recalled. and said