New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-04
MIDDY'S FATE DECIDED.
Decatur Court Martial Sends Find
ia,gs to admiral Sands.

Annapolis. Md, Jan. 3-The case of Midshipman
Stephen Decatur, jr.. who for three days has been
on trial before naval court martial for the alleged
hszing of Midshipmen Isaac y. McCrsry and Gay
lord Church was given to the court shortly before
O'Clock this afternoon. At 445 O'Clock the court had
decided upon their findings. which will be forward
&c 20 the superintendent of the Naval Academy FOR
his action. The record then goes to the Secretary
Of the Nary but Secretary Bonaparte has an
ncunced that he regarded his duties in the matter
as merely ministerial, and that unless some gar
ms error should have passed the superintendent
notice he win approve the action of Rear Admiral
Sands.
What was considered somewhat drastic precau-
ri,,n Vas taken this morning when Provost Marshal
Torrey United States Marine Corps was ordered
to remain the assembled witnesses in the room
where they are kept pending their call before the
court lie WIS told to prevent all conversation On
the
lEr Randall oneuiug for the defence, directed his
attention entirely 10 the specifications which az
legged the hazing of Midshipman McCrary- ne
said that the defence labored under the oinculS
that the specifications were so drawn that the III
cidents charged might have occurred at any O11o
within fhe SPACE of six weeks but that fortunate
fy McCrary had made il definite by saying ma
the hazing had taken place on the DAY that De
catur had his picture taken IN the group u On
GERS and non-commssioned officers, and tha1 'no
-icture had been taken after dinner ana before
study hours The defence had proved MI ran
dali said, that only one picture hah pesh SO %
and the evidence showed that Decatur couih not
possihlv have been in his rooms when the .hazins
gas alleged TO have been done He urged mat an
siIbi was completely established.
Mr. rheaI confined himself 10 the discussion or
the fourth specification. which charged that De
cstur had hazed GAYLORD Church by compelling him
10 perform Number Is" Church's own testimony
Mt Theall continued raised sufficient doubt as
10 pecatur's guilt. He quoted from the record 10
show that Church Rad said that he did not know
Decatur 1T the time IF the hazing, except by
instinct and that he was under the impression
that Decatur was the one who had hazed MIN.
He also referred the fact that Churchs evidence
had been iulpeached by the testimony OF TWO OF
his classmates the effect that Church had saio
snronos of q newspaper article. that the more he
thought the matter the more unwilling he was
TO swear that Decatur the man who had
hazed him.
The remarks OF the judge advocate were extreme
" brief. hut to the point. He said that his theory
of the testimony of McCrary was that the latter
had made an honest mistake as to the day on which
Decatur had hazed him, hut that he was unaoie
10 believe that he had concocted a deliberate raise
statement against upper cassinan- decatur
he said. had admitted that he could not remember
more than one member OF the Hungarian Band'
which was composed OF dozen or more fourth
.Iassn1en and which had performed in his room
twice He had also admitted that many fourth
classmen had been in his room. but could not give
their names. II therefore reasonable 10 sup
pose that he did not remember McCrary. but much
less reasonable 10 suppose that McCrary should
have forgotten Decatur.
AS 10 the fourth specification the Judge advocate
said that the admissions of Decatur that he han
ordered Church to his and then permitted
him TO be hazed justified the conclusion that ne
mad ordered him there for that purpose, Inc
Judge advocate informed the court that in case i
dtd not consider any of the charges proved e1-
sc.Jv ns the specification laid down, but con-
sf5a-e5 that the proof showed that the charge was
justified the court had the authority TO ma the 40
c,.ad not guilty as 10 certain words in the specln-
cation but guilty of certain substituted words anu
guilty Of the charge
source that should Decatur be acquitted Of hazing
-, .ha court martial he would be rearrested and
: charge of neglect of duty lodged against MIN
-Iv.;e y-o,ld he based on testimony brought
inf ~ the trial of the present case. and mis- ad-
.ntseion that he was in the room when Church
was hazed by being compelled to perform NO 10.
The rooro was Decatur's and he was the RANKING
officer present
Afi6sbipulan Warren A NandeTveer, OF mount
Holly N J. who was ordered to be DISMISSED ps
ADMIRAL sands but whose action was not sus-
tanned BY Secretary Bonaparte. has been restored
TO duty and nothing has been done to"a4u 4i--
ing further charges against him ,.. - 80
he record findings and recoInIr1e o ~
court i'm the case Of Nidshipman IrenInor -ottli
erA returned to the court for correction as 70 te
enrnl in which they were made Inc couTL Iooh ~
this matter informally IN the morning recess anu
z;II make the necessary changes
The case OF Midshipman Worth w fosleL. Oh
New-AIbary, Ind, will be taken up Io-I mo- ~
soon as the case against Foster Is cohIuoeu Dull
are first class men and both are charged WI, WIT
hazing Midshi2man chester ?, 1ooOe - - 800
There are two specifications under the cnarBe
against Foster and four against Marzoni
II