Evening capital. (Annapolis, Md.) 1884-1910, 1906-01-13
DECATUR CASE SENT IN.
CASE ENDED BUT LID is STILL
TIGHT ON NEWS.
Miller's Trial On Now And Cooper,
Stricken With Paralysis In
December, Alleged
Victim
HEARING IN CASE LIKELY TO
TURN INTO COMEDY.

Tbs court martial in session nt the
/ Naval Academy reached a verdict az
half past twelve yesterday afternoon
having been'in closed session about al
hour The record of the findings will
be transmitted TO the Superintendent
of the Naval Academy III Deca tut
has been acquitted, he viii be released
within few hours of the receipt oi
the record, bat il convicted. the rec.
ord must receive the APPROVAL of the
Secretary of the Navy before the sen
tencc, which can only be dismissal
Will be operative.
Should Decatur be successful ia Sc.
curing an acquital in this. his second
trial, there is little likelihood of any
further charges being lodged against
him. There was report that ho
would again be brought to trial, but
an official statement was made that
there was no foundation upon which
TO base further charges. However, his
acquittal on two of the three specili
cations is doubtful.
Should Decatur be convicted on the
specification under the second charge
that of encouraging or cOuntenanc-
ing the hazing'' of Fourth Classmau
Gaylord Church, vigorous effort
will be made to have the verdict set
aside on two grounds The first OF
these is that Decatur has already been
tried on substantially the same allie.
cations Even though the first charge
was active participation in hazing,
his counsel believes that he has been
put in jeopardy twice for the same
offence.
The second ground will be that Mid.
shipmRn MarZoni, of the first class,
was compelled TO testify even though
Ire asked for immunity on the ground
of self inCrimination. As 'encourag-
ing or countenanciDg haZing' is an
offence punishable by dismissal, il is
claimed that Marzoni clearly incrimi.
mated himselt when he stated that hC
was present during Church's bazing.
Immediately upon its assembly foI
the afternoon session the court tool
up the case of Midshipman John =.
Miller, of Lancaster, Ky. Very little
was done, however, as the court, upon
the suggestion of Judge Advocate Har
risOn, decided that four of the specif
cations were not in proper form ant
| they were sent to the Office of the Su
| perintendent for correction. ph,
trial was resumed this morning
Though there are two charges ant
| eight specifications in the case agaius
| Midshipman Miller, all grow out o
the same act. 1t is alleged that h,
hazed Midshipmen SatnIey II. Ca
nine, of Llano, Texas; Henry G.
Cooper. of Oxford, n. c.; Max b
DeMott, of Miles, Mich. John f
Donelson, of Oklahoma. by COMPEL
| ing them to do the sixteenth - Th
| time alleged is about December >
| last. The information of the authoTi
ties is that all four were hazed at TIN
| same time.
Cooper, who is the smallest Of tn,
quartette, is the midshipman who Ct
| December u last was stricken with
| light attack of paralysis while il
class He refused to state at the tim
that he had been hazed, but it was sus
pected and the present case is though
to be based on the information 1hicI
was finally elected
Though there is no statement in tn
specifications about the matter, it il
understood that the testimony is1ike
ly to be ludicrous in the extreme TIL
testimony will bring out, il is believed
| that another upper classman had com
PEELED the four plebes named in tn
case to initiate an automobile, On
|
other the whirl of the machinery, etc
and mad sent them down the hall AM
into Miller's room. where they wer
ordered to do the sixteenth.
The hazing of each midshipman j
made the basis Of q separate srcoifiea
tion under each charge--that of HAHN
and Of encouraging and counteDancin
hazing. The objection to the form @
the SPECIFICATIONS was that all Of th
four specifications under the las
charge failed definitely TO state an
act of the accused which constitute
the offense. This is required by regu
latioD. After the court had examine
the matter it ruled that the point 0
the Judge Advocate was well take
aud returned the charges aud specifi
cations to the Office OF the Superin
tendent for correction.
Miller stood number one as studen
for the first two years at the Academ
and was number seven last year. II
wilt graduate, il acquitted on IN
charges against him. not below nun
ber three. He is captain Of I'll
twelfth company of the brigade {
midshipmen.