Evening capital. (Annapolis, Md.) 1884-1910, 1906-01-24
Presumption OF INNOCENCE
COUNSEL ALLEGES SHOULD BE
GIVEN MAYO.
Midshipman Who Opposed Hazing
Asks For Clemency-A Lieu
tenant Is Serious Ele
ment In Case.

The case Of Midshipmnu Claude r.
Mayo of Columbus. Miss q member
of the first class, was giyen 10 tho
court shortly after 40 O'Clock this
morning Mr. Theall, his counsel
had previously addressed the court for
about an hour and Judge Advocate
Harrison replied 90 greater length
than usual
The fact that the line of defense
adopted BY Mayo and his counsel in a
measure reflected on the correctness of
the action of an officer on duty. Lieu.
tenant @. p. Snyder, introduced a ser
ious element in the case, This phase
of the matter occupied the larger por.
tion of the remarks both of the counsel
for the defense and the Judge Advo-
cate
The case is admitted TO be different
from any which has previously como
before the court, inasmuch as the un-
contradicted evidence clearly shows
that Mayo had not only never hazed,
but had more strongly opposed it than
any other midshipmau was known TO
have. he is leading member of the
Young Mems Christian Association
and had taken the position that such
membership was incompatible with
taking any part in hazing.
The position of the defense is not
that Lieutennt Snyder necessarily
meant 60 suggest disoiplining by the
requirement of physical exercises of
the fourth classmen TO the UPPER class
men, but that he used language that
was naturally understood by the, mid
shipmcn TO mean this.
In his opening statement today MIR.
Theall made it plain that this was mis-
e.,n4 W.. - H..
der but he urged strongly that the
midshipmen would naturally infer
from the conversation between Lieu.
tenant Snyder and Midshipman Brain
ard that the former meant them TO re-
quire the fourth classmen TO do GER
tain stunts because they had
laughted in ranks. He called atten-
tion TO the fact that the conversation
had taken place in the presence Of at
least twenty-five midshipmen only
Lieutenant Snyder had attempted 10
rebut what at least four Of tic mid
shipmen had said.
Mr.. Theall called attention TO the
fact tina Lieutenant Snyder had adj
mitted part of the conversation at
tributed to him and had not denied
any of it except THAT statement that
he was going TO leave the building
that afternoon. This Mr.. Theall said
was testified TO by all the midshipmen
and the fact remained that he did go
away for a considerable period
The counsel then called attention
TO the fast that the resumption of in
nooence should be given Mayo particu-
larly as the fact that never had any
part in hazing compelled them 90 nat
urally look for another motive. He
asked the same presumptions in his
favor that the questions of the mem.
bers of the court indicated they had
given TO the actions of Lieutennt Sny-
| der. In conclusion Mr.. Theall urged
that the wording of the Act gave the
court some discretion as to whether TO
recommend dismissal or not aud also
that in case of finding of guilty
recommendation Of clemency might be-
made.
!, The Judge Advocate called attention
to Lieutenant Snyder's positivesdenial
| that he had used words from which
such an inference could fairly be
drawn and said that the wrong i'm.
| preston which the accused received
would not excuse him any more than
| ignorance Of the law excused crime.