“In that the said Ralph Osborn, a midshipman of the second class in the Navy, attached to and serving at the Naval Academy at Annapolis, did on or about eight hours post meridian of the first day of June, eighteen hundred and ninety —— haze a citizen, Frank Chappell by name, by ordering and compelling the aforesaid Chappell, at the time in the state capitol grounds, in Annapolis, Maryland, to stand upon his head.”
“Midshipman Ralph Osborn,” continued Lieutenant Colton, “you have heard the charge and specification of charge preferred against you; how say you to the specification of the charge, guilty or not guilty?”
Ralph made no reply.
“How say you to the charge, guilty or not guilty?”
Ralph maintained his silence, and after a moment’s delay Lieutenant Colton announced: “The accused stands mute.”
“Proceed,” ordered the court’s president.
The first witness for the prosecution, and evidently a reluctant one, was young Chappell. He was asked direct questions by Lieutenant Colton, and in vain did Mr. Chappell try to tell of his previous meeting with an unknown midshipman who was accompanied by a be-whiskered and spectacled civilian. He was ruthlessly prevented from referring in any way to what had occurred with the unknown midshipman before Ralph had hazed him. In the cross-examination Himski in vain endeavored to bring out the fact that he had been acting under the order of another midshipman.
“Why did you sit down between the accused and Midshipman Bollup?” he asked.
“To play a joke, sir,” Mr. Chappell replied. “The other midshipman told me——”
“I object,” snapped out Lieutenant Colton. “I object to bring in any case of hazing except the one here being tried. The court is here to try Midshipman Osborn on a specific charge, not an unknown midshipman who was not present when this offense occurred, and against whom no charges have been made. If the witness has any charges to prefer against any other midshipman let him do so at the proper place, but not before this court, or incidentally in his testimony.”