Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-01-04
IN SUSPENSE,
Midshipman 5. Decatur
Awaits Courts Findings
In Case Of Hazing Incidents al
the Naval Academy.
If Found Not 6uiIy He Will Be Arraigned
on Charge Of Neglect Of Duty.

! Annapolis, Nd, Jan. 3.-The case
OF Midsnipman Stephen Decatur, Jr.,
who for three days has been Oh
trial before Il naval court martial
tor the alleged hazing of Midshipmen
Isaac n. McCrary and Gaylord Church,
was given to the court shortly before
o'clock this afternoon. At 4.45 the
court had decided upon their findings
which will be forwarded to the super
intendcnt of the Naval Academy for
his action. Under the law, the record
then goes to the secretary of the
navy, but Sec. BOnaparte has an
nounced that unless some glaring error
should have passed the superintend-
ents notice he will approve the action
of Admiral Sands.
One of the charges against Decatur
is that he hazed Midshipman Gaylord
Church of Meadville, Pa, by causing
him to perform Number 49," a usual
form of haZing. Church testified to this
and Decatur admitted that he had Or
dered Church to come to his Decatur's)
room and that someone in his presence
had ordered Church to perform as
specified. He denied, however, that he
gave the order Decatur's explanation
of his reason for ordering Church to
the room was that he had Smiled
ranks" and was to be reprimanded.
This in itself, was a breach of disci-
pine and the accused was put in a
bad position when he was compelled to
admit that he did not reprimand
Church. but heard him ordered in the
room TO be haZed. Counsel for the de-
fence will urge that under the statute
of 1874, active participation in haZing
must be proved to support the charge.
The prosecution contends. however,
that the admissions. coupled with the
testimony of First Classman B. P. Mar
Zoni to the same effect, is sufficient to
support the charge of haZing particu-
larly as Decatur was the ranking mid
shipnian present. 1t was also stated
that if Decatur should be cleared on
the present charge a clear case of ne
elect of duty in failing to prevent the
hazirg of Church in his room, could
be made out III subsequent proceedings
though the defence is confident con-
viction cannot be had on the specifica-
tons which relate to the hazing of Nc
Crazy as while McCrary testified that
Decatur did the haZing alleged in two
of the three specifications. Decatur flat
ly denied it and there We're no cOrrobo-
rating witnesses to McCrary'S testi-
nony.
The case of Midshipman Worth w.
Foster Of New Albany. Ind, will be
taken up tomorrow and that of p. b.
MarZoni of Pensacola. Fla, as soon as
the case against Foster is concluded.
Both are first class men and both are
charged with haZing Midshipman
Chester S. Roberts Of Joliet, ILL.,, ON sew
eral different occasions. MaZOni was one
OF the witnesses called by the defence
in Decatur'S case. His evidence did not
help the accused and it was thought
that the charges against him concerned
the same matter us did Decatur's as
far as it referred to MidShipman
Church. This is an error, however, as
all the specifications in MarZonis case
refer to the haZing of young Roberts.
Mr.. Randall, opening for the accused.
directed his attention entirely to the
specifications which alleged the haZing
of Midshipnian McCrary. He said that
the defence labored under the difficulty
that the specifications were 50 drawn
occurred at any time within the space
of six weeks, but that fortunately Nc
Crazy had made it definite by saying
that the hazing had taken place on the
day that Decatur had his picture taken
in the group of officers and non-com-
missIoned officers, and that the picture
had been taken after dinner and be-
fore study hours. The defence had
prOvcu. Mr. Randall said, that only one
picture had been so taken and the evil
dencc showed that Decatur could not
possibly have been in his room when
the haZing was alleged to have been
done. He urged that an alibi was COM
pletely established. The prosecution,
he said, must stand on the case as
mace out by it's own witnesses and the
, allegation as to time. place and identity
made by McCrary had been absolutely
disnro:ed. Mr.. Randall urged very
strongly in his closing remarks that the
y testimony of Decatur was of as much
| weight as that of McCrary and that he
absolutely denied that he had ever haZ-
ed the latter.
Mr.. Theal confined himself to the dis
cussion of the courts specification,
W HsIlI Glldi Scu tISlt Ottsttuf Tdu llhLsi
Gaylord Church by compelling him to
perform NO. 49,
He said that they We're not so fortu-
nate in this part of the charge as the
other, inaslnuch as the witness had not
fixed Il definite time as to his hazing
and the defence was compelled to cover
a period of several weeks. Still, he said.
they We're favored by the fact that they
knew that the accused denied ever hav-
ing hazed Church in any manner. He
quoted from the record to show that
Church had said that he did not know
Decatur at the time of the hazing ex-
cept by instinct" and that "he was
under the impression that Decatur
was the one who had hazed him.
He also referred to the fact that
Church's evidence had been impeached
by the testimony of his two class
mates. TO the effect that Church had
said. apropos of newspaper article.
that the more he thought the matter
over the more unwilling he was to