Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-13
IN TRIAL FOR HAz|NG
Case of Midshipman John Paul
Miller.
RESUMED AT ANNAPOLIS
Two Charges and Eight Specifications
Filed.
COUNSEL ENTERED A DEMURRER
On Ground That Facts Alleged Un-
der Accusation Do Not Constitute
offense Specified.

court-marttal which yesterday took up the
case of Midshipman John Paul Miller of
Lancaster, Ky. charged with hazing, re-
sumed its sessions this morning The speci-
icatfons, the lack of proper form In which
caused the postponement of the case yester-
day, had been corrected at the Office of the
superintendent and the case proceeded.
Midshpman Miller introduced as counsel
Col. Charles II. Lauchheimer, U. S. NJ. c.,
and Mr.. F. s. TheaH of Washington D. c.
Col. Lauchhemer is the author of the stand
ard work on the forms and procedure in
use by naval courts-martial.
Two Charges.
There are two charges against Miller.
hazing and encouraging or countenancing
hazing, and eight specifications. However,
there is only one incident as a basis for all
the specifications.
1t is alleged that Miller hazed Stanley r.
Canine of Llano, Texas; Henry G. Cooper,
jr., of oxford, n. c.; Max B. Demott of
Niles Mich and John F. Donelson of Paw
nee, Okla, by compelling them to perform
NO. 16'' together
Miller. If he is acquitted will graduate
on the 18th of next month, and his scholar
ly standing will be not below No. 3 in the
class of over a hundred.
Plead Through Counsel.
On being arraigned Midshipman Miller
stated that he wished to plead through his
counsel, and Col. Lauchheimer then inter
posed a demurrer on the ground that the
facts alleged under the charge do not con-
stitute hazing
Col. Lauchheimer addressed the court on
this contention. He said that the court has
not ruled in previous cases this point a
issue. Penal statutes, he said must be
wit tn Gtrin An foI nT
the accused. The act of 1874, he contended,
was passed to remedy the conditions OF
hazing it existed at that time. There
fore hazfng must be understood as 1t was
used at the time. Hazing at the time, he
claimed. meant such maltreatment as en-
GRngered fourth classman.
The court ruled according to the conten-
ton Of the judge advocate.
Miller Pleads Not Guilty.
MiGshipman Miller then plead not guilty
to the charges and specifications.
The first witness for the prosecution was
Midshpman Max B. Demott of the fourth
class. He said that he had been in Miller's
room one night, he having been told to go
there initiating an automobile, with Canine,
Cooper and Donelson. Canine was the
headlight, Cooper the chauffeur and Dom
elson the horn and Demott the exhaust.
Cooper was supposed to twist DonelsoniS
around the room several times. Miller then
told to do the sixteenth and we did it.
Then he told us to go and report to Boyd s
room. at $3.50 Several times after that we
were in his room and had to do the six
teenth.' The first hazing, he said, took
place shortly after the West Point game,
December ., 1903.
At the conclusion of Demotts testimony
the court compliniented him on the manly
and straightforward manner In which he
had given his testimony
Cooper Repeated Auto Story:
Midshipman Henry G. Cooper followed
Demott on the stand. He repeated the story
about the automobile. and said that they
had been ordered by Midshipman Roberts
to go to AIillers room. He said that they
went there, and after going around the
room several times Miller had told them to
do the Sixteenth" and they did 1t be-
tween fifty and one hundred times. Cooper
then said that he had gone to the hospital
about week after the hazing because he
could not move his right side. On cross
examination Cooper said that he did not be-
lieve the hazing had anything to do with
his illness.
Midshipman J. F. Donelson. the horn on
the machine, was the last witness for the
prosecution. The four he said, had been
sent to Roberts room and had been told by
him to form the automobile and go to Mil
ler's room. They did So and Miller asked
them why they had come to the room In
that manner. I'VE told him who had sent
U.s. the witness said, 'and he told us to do
the sixteenth We did it at least fifty
times
At lis the court took recess until 2
o'clock