The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1906-01-09
Midshipman Placed on
Trial Second Time
at Academy.
SPECIFICATIONS STAND
CounSelS' Motion to Strike
Out Two Charges
Lenied.

A4NNaE O-tSs Mu.. Jan f--AlN-AiAE7
man p. b. Marzoni was brought in
court this morning to listen 10 the read
ing of yesterdays record.
At lis conclusion. Marzoni LETT the
room and the judge advocate called the
case against AIidshipman stephen De-
catur. il. In response TO the judge ad-
voeate. Decatur said he desired counsel
and requested that +. 5. Theall defer d
him. This was granted. The court was
then sworn by the judge advocate, and
the second trial of Decatur was begun.
The court was about 20 go into ex-
ecutive session TO consider the charge
and specifications, when Mr.. Thean
said he would like to submit a motion
TO strike out charge l and spo- -ihcatons
] and ?
THAT can be done aftel court has
passed uPon the charge AID specifi-
cation. said Captain Bees president of
The court.
The doors were then closed,
They We're opened in a few minutes.
The court said the charge and specit-
cations were in due form. Counsel Theall
then submitted his motion.
Motion Is Denied
When Counsel Theall had concluded
the reading of his motion the room was
question in executive session, In ten
minutes the door was opened and the
court announced that the motion was
denied. Captain Rees. president or the
court said that the definition OF hazing
as defined By the Attorney General in
Cluded any maltreatment, annoyance OF
exercise Of authority over the fourth
classmen not permitted by the regula-
Iions of the Academy
on The second charge and speclnca-
entered
bar
In answer 10 the plea in bar the
Judge advocate referred the court to
the opinion of the Attorney General
written last Monday I'm response 70 the
request of the Secretary OF the Navy
on the power Of the Secretary to dis
miss midshipmen on the charge of haZ-
ing The present couTt-martial was ap-
pointed as Il result of the Attorney
Generals opinion.
Plea Taken Up.
At the request Of the president OF
the court. the Judge advocate read thy
Attorney Generals opinion. AT the con
clusion OF the Attorney Generals Opin
ion, the court was again cleared and
the plea in bar was taken mp for con
sideration.
The court devoted ten minutes 10 the
consideration of the plea i'm bar and
announced that the plea was denied
Counsel Theall then submitted an addl-
tional plea in bar. claiming that the sec
Ond charge and specification placed tht
accused In jeopardy twice for the same
offense.
Judge Advocate Harrison said the rlel
in bar of counsel seemed 10 be wei
founded and as he was not prepared 80
answer it at this time. he would asl
for an Adjournment until tomorrow
morning Again the court was cleared Il
consider the plea in bar and the JudSt
advocates request In a few minute
the door was opened and Captain Rees
president of the court, said the reques
of the Judge advocate would be grant
ed and the court adjourned until tel
o'clock tomorrow morning.
An Important Point.
The plea In bar that the accused !
placed in jeopardy twice for the sam
offense will be forwarded at once to tn
Judge Advocate General of the Nav
for his opinion for the guidance of tn
court The point raised by COunSe
Theail is a most important one and
sustained will be body blow to IN
board of inquiry in its efforts to ge
evidence against the middies who haV
hazed plebes. II Thean wins his poin
n will have an effect on the case O
Midshfnman Miller. whose trial follows