Evening capital. (Annapolis, Md.) 1884-1910, 1906-01-10
LORDLY FIRST GLASSMEN.
HAVE FOURTH CLASS FAGS
BRING THEIR MEALS.
The Hszing Investigation Contin
ues The End Not Yet In
Sight-Decatur
On Trial.
SOME THINGS ARE NOT CON-
SIDERED MENIAL.

AN@~N AEAAs
More evidence as to system in vogue
at the Naval Academy whereby the
lordly first classmaen remain in their
rooms during breakfast and have their
meals brought them by fourth class
Tags. was the incident of interest con-
nected with the continuation of the
second days trial of Midshipman
Stephen Decatur, Jr.. charged with
the hazing of Fourth Classmen Chester
S. Roberts, Charles O. W. Mailley and
Gaylord Church.
It appeared from the evidence of
young Mailley that mere hint was
sufficient to cause him TO bring Deca.
tur his breakfast whenever the latter
was absent from breakfast Fourth
Classman Mailley testified that he did
not consider he was performing
meniel service IN doing this and that
he did not take Decatur words as an
order. 1t appeared that 10 had said
the opposite before the court of in
quiry and the youth was rut 60 great
straights to explain himself He said
he had arrived at the conclusion that
there had been no order after refiec.
tion. 1t was hardly a request, he said,
but possibly a hint, but he had car
ried up breakfast about fifteen times.
a desperate fight is being made by
Mr.. Theall for q second acquittaI in
Oecatur's case. There is no doubt,
however, since the courts ruling of
Yesterday that services Of this kind
under any kind of compulsion did
constitute hazing, that Decatur is in
grave danger of conviction uuder this
specification.
At the opening of the trial, after
~ kx QvLnu1I nj
Advocate Harrison, the court ruled
that the trial Of Decatur on the speci
fioation of encouraging the hazing of
Gaylor Church was net putting the
accused in jeopardy twice. The claim
had been made that this was the case
as in the former trial substantially
the same specification supported the
charge of haZing, framed under the
act of 1874. fhe court ruled, however.
that the point was not we'll taken, the
acts being now alleged as offenses
against the Act of 1903. The question
will undoubtedly be laid before the
Secretary of the Navy.
The first witness for the prosecution
was Chester S. Roberts, who was call
ed in order 60 prove the first specifca-
tion. He said that he was standing
in the hall at formation and someone
had told him to 60 to their room and
say: "If she had been a dog. do you
think she would have taken it in that
way. he said that he had gone to
Room 98, Decatur's and made this
statement to Midshipman Marzoni and
had beeu compelled to do the "six-
teenth' by upper classmen. Fourth
Olassmen Benson and Crather were
in the closet at the same time. On
cross examination he said he would
not swear that Decatur had given
him the order or that Decatur was in
the room at any time.
Fourth Classman Howard II. J.
Benson told about being sent to the
closet to do the sixteenth" with
Roberts and Crather He said posi-.
lively that Decatur was in the room
part of the time. There was no fur
ther testimony as to this specification
The most important witness Of the
day was Charles c. w. Mailley whom,
it is alleged, acted as DscatuT's fog
On being asked if lie had performed
any menial services for Decatur, there
was an objection on the part Of the
counsel for the accused aud tie ques-
tion was modified so as to be We're
you ever compelled to bring any arii-
cles of food to Decatur ?'' The Wit.
ness said that he did not consider that
he had been compelled to bring food.
He had done SO. he said. because De-
catur had asked why he had not
brought him breakfast when he DC
eatur) was absent. After that the
witness said he had brought Decatur
| his breakfast nearly every time he
had been away from II, abJut fifteen
| times in all.
THO xrsf xrn AaF
with his testimony before the court of
| inquiry and asked why he had said
| he regarded Decatur's question as an
order. He answered that il had look
| ed that way to him at the time he
| vas before the court, but on reflection
he could not see it that way. 1t was
| hardly an order or a request, he said.
merely hint. On cross examination
an effort was made TO show that the
| facts upon which this specification
| is based were known t. the authori-
| ties before the frst charges wers filed
against Decatur. This line Of ques-
tioning was not allowed by the court,
| however
Midhipman Robert E. Thornton, a
| classmate Of Mailley, had seen Mailley
carrying food to Decatur's room and
had done the same thing himself
| Decatur, he said, had 'spooned' on
| him, which meant befriended him
and both he aud Mailley considered
that Decatur vas good 10 them and
that they were not demeaned BY carry
| ing him his breakfast Very similar
| testimony was given by Fourth Glass
man Thomas 3. Richey, who was the
| last witness during the mornings ses-
sion.
1