Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-10
MUST STAND A TRIAL
CoWt-Martial at Annapolis De-
Cided Against Decatur.
0vERRULED PLEA IN BAR
Resumption of His Case for Accessory
Hazing.
ALLEGED VICTIM A WITNESS
Detailed How He Was Bidden to SUBJ
NIT to the Indignities of Acad-
envy Custom.
0vERRULED PLEA IN BAR
VICTIM A WITNESS

| ANNAPOLIS. Nd, January 10. The
court-martial proceedings in the case oc
Midshipman Stephen Decatur, jr, of
Portsmouth, N. H., against whom there
are charges of hazing and encouraging
or countenancfng hazing." were contin-
ued this morning. There is a charge and
specification in the present case under
the act of 1908, which makes encourage
Ing or countenancing hazing" dismissal
orense exactly the same as active par
ticipation in hazing. There are also two
specifications under the charge of hazirig.
Decatur was tried on charges q few days
ago and acquitted.
The trial of Midshipman John p Miller
of Lancaster. Ky. will Immediately fol-
low that of Decatur. There are two
charges against him, each supported by
four specifications.
The Question of Plea in Bar.
At the opening of today's session the
court at once took up the question of the
plea in bar submitted by the accuseds
counsel. raising the question whether or
not the last specification I'm the case was
not materially the same as one upon
which Decatur had already been tried
and acquitted. This, IL true It was urged,
would put the accused twice In jeopardy
Tor the same offense
Judge Advocate Harrison urged and quot
ed authority in support of the view that
hazing and encouraging or eountenancing
hazing" were distinct offenses, and there
fore 1t was perfectly proper for the ac-
cused to be tried on the latter charge after
acquittal on the first charge. He asked the
court to rule that the two distinct charges
had been alleged that the accused was
not put in Jeopardy twice for the same of.
Tense.
The court. after a lengthy consultation,
overruled the plea in bar.
Roberts on the Stand.
Fourth Classman Chester S. Roberts was
the first witness for the prosecution. He
said that 'at supper formation some one
came up behind me and gave me a message
to carry to an upper classman. He said to
to tell the upper classman. IF she had
been dog, do you think she would have
taken 1t in this way?" 1 think 1t was Mr..
Decatur who told me to go to hts room. and
l did so. It was room 49," Witness fur
Their stated that Fourth Classmen Benson
and Crother were in the room, but he did
not see Decatur
On cross-examination the witness said
that Decatur was the only file closer he
remembered who stood behind him In for
nation, and also reiterated that he could
not state positively that Decatur had given
the message
Midshipman Howard H J. Benson, a
fourth classman. said that he had been in
room 90 with Roberts about two months
ago, and had heard Roberts deliver the
message about the dog. He said that he
had seen Decatur in the room and that
some one told the fourth classman TO go In
the room and do the sixteenth.
Midshipman Charles c. Mailley was called
and Intercepted in regard to the bringing
of meals to Decatur. He said that he did
not consider that he was under compulsion
to bring breakfast to Decatur. Decatur
had. he said. asked him why he did not
bring breakfast when Decatur was absent.
He Inferred from this, he said. that De-
catur had wanted him to bring breakfast.
and he had done so about fifteen times, and
had stopped about the time when the haz-
ing agitation at the academy began.
Cross-Examination.
In cross examination the witness said
that Decatur had befriended him, and that
he had seen Graves. Decaturs room mate,
also bring Decatur his breakfast. The wit
ness said that he considered Decatur's in
curry as neither an order nor request. but
possibly a hint.
Fourth ClassmGn Robert e. Thornton
said that he had seen Mr.. Mailley carry
Decaturs breakfast several times. Matlley
had told him, he said, that he liked De-
catur.
Fourth Classman Thomas B. Richey knew
both Decatur and Mailley, and had seen the
latter carry food out of the mess hall and
had helped him to carry it to Decaturs
room about half dozen times.
At 1925 the court took recess until =
o. clock