The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-01-05

case of Midshipman Stephen Decatur,
Jr who for three days has been on
trial before n naval court martial for
the alleged hazing OF Midshipmen
Isaac McCrary and Gaylor D. Church,
was given to the court shortly before
3 o'clock this afternoon. At 4:45 the
court had decided upon their findings
which will he forwarded to the super
intenedent of the naval academy for
his action. Under the law the record
then goes to the secretary of the navy,
but Secretary Bonaparte has announc-
ed that he regards his duties in the
matter as merely ministerial and that
unless some glaring error should have
passed the superintendent notice he
will approve the action of Admiral
Sands
At the request of the judge advocate
and counsel for the defense, the court
took a recess until this afternoon when
the argument was concluded and the
case given to the court.
One of the charges against Decatur
is that he hazed Gaylor D. Church. OF
Meadville, Pa, by causing him to per-
form number 16," usual form Of
haZing. Church testified to this and
Decatur admitted that he had ordered
Church to come to his room and that
some one in his presence had ordered
Church to perform as specified. He
denied, however, that he gave the or
der. Decatur's explanation of his rea-
son for ordering Church to the room
was that he had smiled in the ranks
and was to be reprimanded. This. N
itself, was a breach of discipline and
the accused was put in bad position
when he was compelled to admit that
he did not reprimand Church but
heard him ordered in the closet to be
hazed. Counsel for the defense urged
that, under the act of 1874, active par
ticipation in haZing must be proved to
support the charges
The prosecution cOntended, however,
that the admission coupled with the
testimony of First Classman 2. 3.
MarzOni to the same effect. is sufficient
to support the charge of hazing, par
tiularly as Decatur was the ranking
midshipman present 1t was also
stated that if Decatur should be cleared
on the present charge. a clear case Of
neglect of duty in falling to prevent
the hazing of Church in his room could
be made ont in subsequent proceedings
though the. defense is confident a con-
viction cannot be had on the specifi-
cations which relate to the haZing of
McCreary, as while McCrary testified
that Decatur did the hazing alleged in
two of the three specifications, Deca-
tur fatty denied it and there We're 10
cOrrObOratlng witnesses to McCrafy'S
testimony
Mr.. Randall for the accused. con-
tended that an alibi was completely
established.
Mr.. Theall urged that the mere
countenancing of hazing or permission
of it, did not constitute hazing and that
the acts of Decatur or his omissions
did not Justify conviction of the
charge
There is no proof said Mr. Theall.
that Decatur had any other intention
than to deliver a reprimand to Church
as Decatur stated. and no intention, to
haze Church or to have him ilazed can
be imputed to him.
The judge advocate contended the
admissions of the accused to the effect
that he had ordered Church to his
room and then permitted him to be
haZed. justified the conclusion that he
had ordered him there for that pur-
pose.
An intimation has been received
from an official source that should
Decatur be acquitted of hazing by the
court martial. he would be re-arrest-
ed, and a charge of neglect of duty
lodged against him. This would be
based on the testimony brought out
during the trial of the present case
and his admission that he was in the
room when Church was hazed by being
compelled to perform number i6."
The room was Decatur's and he was
the ranking officer present.
The case of Midshipman Worth w
Foster tof New Albany Indiana. will
be taken up tomorrow and that of
P. r. MarZoni of Pensacola. Fla, as
soon as the case against Foster is con-
clUded. Both are first classmen and
both are charged with Hazing Mid
shipman Chester S. Roberts. of Joliet,
Illinois, on several different occasions
There are two specifications under the
charge against Foster and four against
Marzoni Roberts evidently being new
conner, who came in for a special dose
of haZing if allegations are true. He
specified against Foster that he COM
PEELED Roberts to get under O table
while he was eating his dinner in the
mess hall and that he compelled MIN
to hang to the top of the door frame
for a long period of time The specif-
cations against Marzoni allege that onl