Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-11
TRIAL NEARING CLOSE
Case Of Midshipman Decatur
May End This Afternoon.
WAS ON THE STAND TODAY
Testimony Before the Court-Martial
at Annapolis.
J. P. MILLER TO BE TRIED NEXT
He is One of the Foremost Scholars in
the Graduating Class
Counsel Secured.
MAS ON THE STAND TODAY
P. MILLER TO BE TRIED NEXT

ANNAPOLIS, Md. January 1.-THE trial
by court-martial of Midshipman Stephen
Decatur, jr., on charges of hazing and of
encoura ging and countenancing haZing, was
resumed this morning. Only one other wit
ness was introduced by the prosecution.
The trial of the case will probably conclude
today Decatur being one of the witnesses.
The next case to be tried is that of First
Cfassman John Paul Miller of Lancaster,
Ky. Like Decatur, Miller is one of the
foremost scholars in the graduating class.
He has retained Col. Charles II. LAUGH
heimer, L. s. NJ. c., and Mr. E. 8. Thrall
as his counsel. He is charged under the
acts of 1874 and 1903, and there are eight
specifications In all.
1t has been intimated that there will be
only one first classman tried after Miller,
and that the attention of the authorities
will then be directed to the third class, in
which there are large number of alleged
cases of hazing.
First Witness for Defense.
The first witness for the defense was
Second Classman Percfval L. d. NagIe.
He said that he had voluntarily brought
Decatur his breakfast on several occasions.
Midshipman w. E. Hall of the first class
said he had done the same thing.
Midshipman Charles S. Keller a second
classman, said that on occasions he had
brought Decatur his breakfast.
{. S. Graves, Decatur's roommate testl-
fled that he had done the same thing on
several occasions. On one or more times
he had done SO with Fourth Classman
Mailley. Graves also said that Decatur
had asked the witness why he had not
brought him breakfast. Graves said he
was in charge of the room during the
first and third months Of the year. A
question of the court brought out the fact
that his responsibility only related to the
cleanliness of the room.
Marzoni on the Stand.
Midshipman P. B. Marzoni resumed the
witness stand after the record of yester-
days proceedings had been approved. The
judge advocate announced to the court
that he had secured authorities on matters
regarding the right of a witness to refuse
to answer questions tending to eliminate
himself.
He quoted the case of state agt. Thedan,
43 Min. 253 which in Eurn cited the opinion
of Chief Justice Marshall in the Burr trial.
The court ruled that the witness must
answer the judge advocates questions, but
might confine himself to the testimony al
ready given in the previous case against
Decatur.
Duty of Midshipmen.
Counsel for the defense then asked that
the para graph in the reglila tons referring
to the duty of midshipmen in charge of the
room be inserted in the record. 1t stated
that the midshipman had charge of the
cleanliness and general observance of the
regulations for the month.
Fourth C.assman Clarence W. Alger.
Mailley's roommate, said that he had heard
the latter speak of Decatur as being his
friend
Mdshipman Worth w. Foster, first class
man. said that he also had brought up
breakfast to Decatur. 4. B. Gather of the
fourth class said he stood near Chester s.
Roberts in ranks and heard some one say
to Roberts to report to room % and make a
remark about dog.
Fourth ClaSsman G. \. Johnson said that
he stood next to Roberts in ranks and had
not heard Decatur make any remark to
Roberts.
Roberts is the witness roommate, and
said that Roberts had spoken of the matter
as if it had been joke.
At 1915 the court took a recess until Z
o'clock.