Evening star., 1945-12-19
MeVay Court-Martia|
Retires for Verdict
|n|ndianapo|isSinking
Takes Cuse at l:40 AN.
After Opposing Counsel
Conclude Arguments
BULLETIN.


of culpable inemciency in
failing to give timely warning
to abandon ship before the
cruiser Indianapolis sank. BY
inference he was found guilty
Of negligence in failing to zig
gag the cruiser. The Judge
advocate explained that only
findings of acquittal are an
nounced in court. but findings
OF guilty are not announced
until the Secretary of the
Navy and the naval Judge ad-
vocate have examined the
record.
BY ROBERT BRUSKIN.
The. Navy court-martial board
hearing charges of negligence
and inefficiency against Capt
Charles B. McVay III, skipper Of
the Inflated cruiser Indianap-
oils, took the case under advise
ment today after hearing final
arguments.
The board retired at 11:40 am. to
consider a verdict following a clos
ing plea by Capt. John P. Cady, de-
tense counsel, that Capt. McVay had
tried to save his ship "in contrast
to some other cases which are
known Of" and after Capt. Thomas
J. Ryan, the judge advocate, had
stated it was up to the court to
make its decisions In accordance
with the evidence"
Under Navy regulations, an
nouncement of a verdict will be
made Immediately only in case of
acquittal. A finding of guilty on
any or all counts is subject to re-
view through higher authority be-
fore any public disclosure is made.
Capt. Cady Confident"
Asking acquittal of Capt. McVay,
whose vessel went down last July
80 in the Philippine Sea, Capt. Cady
said he felt entirely justified ano
confident" in making this request.
Capt. Cady. making his closing
arguments before the court at the
Washington Naval Gun Factory
did not expand upon the "othe,
cases" in which ship commanders
allegedly had not given first con-
sideration to saving their vessels.
Capt. McVay is specifically accused
of being negligent in failing to zig
gag his cruiser in the Philippine Sea,
where enemy submarines might be
encountered, and inefiicient in fail
ing to give timely warning to aban-
don ship.
Capt. Cady told the court that
Capt. McVay's action and testimony
given at the trial lied to the belief
that no enemy submarines were op-
Grating along routes to Leyte."
Visibility Held Bad.
The ships captain was not re.
quired by Navy regulations to un.
dertake any extraordinary degree
of care" in antisubmarine meas.
ures, Capt. Cady said. Capt. McVay
followed the doctrine of the feet
ito zigzag during good visibility by
day and during bright moonlight
by night" he added.
"On the overwhelming prepon-
derance Of the evidence, especially
OF those men who were in the best
position to know" Capt. Cady said
"it seems unquestionable that the
amount Of cloud cover, together
with the known feebleness of the
moons light, made the visibility
anything but good"
In any case there was a question
Of whether zigzagging was worth its
value and in the particular circum-
stances Of the Indianapolis sink
ing 1t would have been Of no pro-
lection" he said.
Capt. Ryan, the prosecutor, de-
clared that evidence pointed to the
failure to issue timely. word to
abandon ship. Men drowned" Capt.
Ryan declared, immediately after
abandoning ship due to lack Of life
tsee McVAY, Page A-22.)