Evening capital. (Annapolis, Md.) 1884-1910, 1906-01-29
OVERRULED THE PLEA N BAR.
MIDSHIPMAN GEORGE h. MEL
WINS CASE.
Court Contends That The Superin-
tendent Can Convene a
Court Martial.
WHAT 1T MEANS TO DISoBEY
UPPER CLASSMEN.

AT the opening of the session of the
court martial at the Naval Academy,
Midshipman George H. Melvin, of
GeBeseo. III, being on trial. the
court announced that il 9verruled the
plea in bar. filed by the accused S
counsel on Saturday The plea raised
the contention that the court should
have been convened under the Act Jf
1895 by the Secretary Of the Navy aud
not by the Superintendent of the Ma.
val Academy, under the Act of 1897.
Lieutenant S. V. Graham, u. S.
N, counsel for Melvin, then fled
further plea which questioned the jur-
isdction of the court on the ground
that in order to make the Act opera
tive, the Superintendent of the Acad-
emy should have framed aud promul-
gated rules and regulations governing
the suppression of the practice of haz-
ing. This plea was also overruled
and Midshipman Melvin entered a
plea of not guilty to the charge and
all six of the specifications.
Fourth Classmau Theodore H. Win
teTs was the first witness called by
the prosecution He said that Melvin
had stood on his head fer about ten
or twenty times, but that il had been
done in fun and there was not the
slightest hard feeling in the matter.
The Judge Advocate ELECTED, how
ever, that if he refused TO take hazing
he would either have to fight or be
ostracized by his classmates and the
other midshipmen. John II. Sloan
was called after Winters and corrober.
ated his testimony ON essential points
Mi lshipman Alger II. Dresel. of
the fourth class, said that he had been
given a week by Melvin to learn TO
box the compass and ON his failure
had been required TO do the six
teenth" about twenty-five times.
Scott b. McFarlane said that he was
in the room with Melvin and DIesel
at the time and had heard the order,
but did not seeiwhat DFesel had-done.
President Rees, of the court, asked
him why he did not, and MeFsrlane
answered Because l was on top the
clothes locker Teefing sail. sir. -
Edgar n. Caldwell, fourth class
man, said that Melvin had required
him to stand ON his head for short
periods three times during a certain
evening. He admitted that he had
gone in the room where Melvin was
expecting TO get some running. Cald-
we'll stated positively that he had no
recollection of Melvin using any abu-
sive language towards him. This is
alleged in one of the specifications,
but Caldwell had no knowledge of it,
he testified. aud others of the prosecut-
ing witnesses, who we're present, posi-
lively denied it. Anson \. Merrick
told a story of Caldwell's hazing
which was in substantial agreement
with the previous witness.
John Il. Sloan was recalled and told
of his own hazing. Melvin had made
him stand on his head and do the
sixteenth, he said Winters was
recalled and stated that he had seen
this hazing also.
The last witness was Rudolph ].
rhiesen. After much questioning the
Judge Advocate extorted from him
that he had been iIazed by Melvin
early in Decebmer by being made TO
do the sixteenth" and that some
days later he had been compelled by
the same midshipman to stand on his
head and hang from a locker.
The counsel for the accused endeav-
ored to show by the answers elected
on cross examination that everything
that had been done by Melvin was in
a.jokiug way aud so understood by the
fourth classmen. The witnesses all
took this view, but admitted on exam
ination by the Judge Advocate that
unpleasant consequences would follow
their disobedience of the upper class
man's orders.