Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-09
FACES COURT AGAIN
Midshipman Decatur Arraigned
at Annapolis.
FIRST TRIAL UNDER ACT
Providing Dismissal for Certain Con-
nection With Hazing.
ONE SPECIFICATION IN CHARGE
Next Alleged Culprit to Be Tried Is
John Paul Miller, Also Member
of the First Glass.

ANNAPOLIS, Md, January 9.-The first
court-martial Of @ midshipman under the
act of 1908, providing dismissal for EN-
couraging or countenancing hazing," began
this morning. Midshipman Stephen De-
catur jr., of Portsmouth, n. H., being on
trial.
This charge Is supported by one specif-
cation, that Decatur countenanced the haz-
ing of Fourth Classman aylord Church
of Meadville, Pa.
There Is also charge of hazing under the
act of 1874 under which there are two
specif1ca tions. No courts-martial have
been called under the later act previous to
this because It was believed that the su-
'perintendent of the Naval Academy had
powers of summary dismissal under it.
=. The Power Of Dismissal.
A recent opinion of the Attorney General
holds, however. that such power can only
be exercised after conviction before a court
martial. Decatur has already undergone one
trial for hazing and was acquitted He is
regarded one of the best students in the
class which will graduate next month.
The next midshipman to be tried is John
Paul Miller. of Lancaster, Ky, also a MEM
Der of the first class. There are charges
under both acts against him, each support
ed by four specifications.
ailIOilB Tue IlluSIlplne1l Oh the IOuTIn CLASS
whom It is alleged that Miller hazed is
Henry G. Cooper. jr., of Oxford, N. c., the
youth who was stricken with paralysis in
class room about month ago and whose
previous haZing was rumored at the time
but denied by him.
He quoted from Attorney General Gar
lands opinion in support of this contention.
The court, after a lengthy consideration
of the question, decided that by haZng is
meant other maltreatm of lower class
men, and denied the motion
The charges and specifications were then
read to Decatur. TO the first charge and
specifications Decatur pleaded mot guilty
To the last charge and specification the fol-
lowing plea in bar was entered:
IAN examination Of para graph 1884 of the
navy regulations for 1905 shows clearly
that the only authority for ordering courts
martial is vested in the President of the
United States, the Secretary of the Navy,
commander-in-chief of a fleet squadron,
and, in some cases, the commander of
squadron when separated from the COM
mander-in-chtef of the feet to which his
squadron is attached.
The Only Exception.
'"The only exception to this regulation is
found in the act of Congress of June 23,
1874, whereby the superintendent of the
Naval Academy is clothed with the author
ity to convene q court-mertial for the pur-
pose of trying the offense, and only that
offense. designated the offense common
ly known as hazing
The act of 1903 does not confer upon the
superintendent of the Naval Academy the
authority to try the offense designated
therein, encouraging or countenancing the
practice of hazing.'
ut Is therefore respectfully submitted
that since the act of 1903, especially plead
ed, and the offense charged Hereunder is
not an offense over which this court has
Jurisdiction, the court should refuse to take
jurisdiction and sustain this plea in bar.
Court Denied the Plea.
The court denied this plea, and Mr.. Theal
at once submitted further plea on the
ground that the accused Is put In double
jeopardy by being twice tried for the same
offense. Decatur having already been ac-
quilted of hazng Church in practically the
same manner as is alleged in the last specl-
fication.
Judge Advocate Harrison admitted the
force of this plea and asked the court to
adjourn until tomorrow morning in order
to allow him to examine the question IN
volved
The court granted this motion and ad
journed until 10 o'clock tomorrow morning.
Judge Advocate Harrison will go to Wash
ington this afternoon and will get the ad-
vice of the Judge advocates department of
the navy as to whether or not he shall drop
this charge and specification and proceed
to trial on the charge OF hazing supported
by the other two specifications.
Motions to Strike Out.
After the court had examined the charges
and specifications against Decatur today
and found them to be in due form ana
technically correct" Mr.. Theall. Decatur's
counsel moved to strike out the two speci-
fications supporting the charge which was
lodged under the act of 1874, on the ground
that the incidents as alleged did not con-
stitute haZng. The two specifications were
that Decatur sent a nonsensical message by
Roberts to an upper classman and that ne
ordered a "plebe" to bring him break
fast Mr. ThealI quoted authorities to show
that hazing meant cruel treatment anu
nothing else.
Action Delayed in Cofin's Case.