San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-02-21
Verdict May Be Reached
in Aviator's Trial Dur
ing Afternoon.
SHIPS MOTOR WAS BAD
Witness Describes Cargo
Plane Capable Of Safe
ly Carrying.

Lieut.. Leland S. Andrews, air service.
before a court-martial on charges of
having violated the 95th and Doth ar
ticles of war. Lieut.. Park Holland,
air service, special counsel for the ac-
cused, announced that the defense rest
ed Immediately after the prosecution
finished DISCRIMINATION of Lieut..
Byron Gates. Capt. Humphrey Biddle,
trial judge advocate, asked that court
adjourn until 1 40 o'clock Wednesday
so that counsel might prepare argu-
ments.
Captain Biddle stated that the case
could likely be concluded Wednesday
afternoon and a verdict reached. Ar
guments will be brief.
Tell Danger of Handling Cargo.
Under the rules of military courts
martial, a three-fourths majority is re-
Quired for conviction, while one more
than one-fourth of the members OF the
court can write verdict of not guilty.
Eleven officers are sitting on the court
martial hearing the Andrews case, and
of that number four can declare his
innocence.
The principal testimony brought out
in Wednesday mornings hearing was
that concerning the usual route fol-
lowed by aviators to Laredo, and the
danger of carrying III bottles of to-
quilt in the tail of an airplane. Capt.
Edward Laughlin. chief engineer and
superintendent of the repair branch of
the Air intermediate Depot, declared
in answer to questions put TO him by
both defense counsel and the proSecu-
ton. that it would be extremely dan
gerOus to carry that many bottles con-
tanning liquid in the tail space of an
airplane. The witness said the weight
in that place would make the ship
unstable for flying. He also testi-
fled that the total space in each cock
pit of a DeHaviland plane is approx
imately eight cubic feet. and that one
sack containing ten bottles of tequila
might safely be placed on the floor of
the cockpit. When questioned by Mai
Roy II. Coles, member ot the court
martial, as to how ma sacks OF t.,
quila. each containing ten bottles,
could be safely loaded in an DeHavi-
land plane by using every available
space after the pilO, was in he front
seat and passenger in the back, the
witness said that according to his es-
timation, not mere than three such
sacks could be loaded in.
Flight Order Not Always Approved.
Sgt. George d. Malkus. kelly Field.
was the first witness placed on the
stand. and testified that he worked
on the ship in which Lieutenant An
draws flew to Laredo the time he
was arrested after landing in Callihan
pasture, and although he could not
identify the exact day, said that it
was two or three days following the
pilots return. and that the motor was
not then functioning properly.
Lieut.. Dale V. Gaffney and Lieut..
Byron Gates. both Kelly Field avia-
tors. were the other defense witnesses
TO take the stand "Wednesday MORN
ing. Lieutenant G.ffney is adjutant
of the Third Group Attack. Kelly
Field. the Organizat ton to which the
defendant belongs. and testified that
1t is often the case that pilots do not
actually get their orders for short
weekend, flights until they have re-
turned.
This is especially the case" he
said, "Since we have been so short
handed. When the pilot knows that
his DUPLICATION for n flight has been
approved by the group adjUtant, he
usually goes ahead"
When questioned as to the defend
ants rating as an aviator. the witness
said he had been rated as a superior
pilot.
Was On Regular Course.
Both Lieutenant Gaffney and Lieu
tenant Gates testified that in flying 10
Laredo the compass course is followed
for the most part, which carries the
ship about ten mil, ; east of the rail-
road to Laredo. After reaching CO.
tulla, however, landing fields are much
more numerous down a valley which
is about five miles further east. and
pilots usually take advantage of this
condition. When Lieutenant Andrews
was arrested in Callahan pasture. he
was about eighteen miles east of the
railroad, and in direct line of the
course usually followed by aviators in
flying from Laredo to San Antonio, or
San Antonio TO Laredo.
Twenty sacks containing III bottles
of tequila were in the field where
Lieutenant, Andrews landed on De-
tOber n. 1922. anG. as he TAXED close
to them and had Sergeant Green, who
was flying with him, get out and in
Z. L.. -Na.I L..
federal officers who were hiding in
the brush.
Did Not Take Stand.
Before resting the case Wednesday
morning, Lieutenant Holland, sub
mitted as evidence TO 60 on the record.
the findings of the medical board at
the station hospital. Fort Sam Hous-
ton. that found Lieutenant Andrews
of sound mind after two weeks of in
vestigatiOn. The defendant pleaded in
sanity when the court-martial first
convened on January II.
Col. Beaumont Il. Buck. president
of the court-martial. then stated that
the defendant had three permissions.
He could stand silent. take the stand
as a witness and subject to cross-eX-
animation, or make a written State
ment to be submitted to the court.
Lieutenant Holland announced that
the defendant wished to stand silent.
As the president of the cburt-mar-
tial spoke TO the defendant, he stood
in line with his three defense coun-
sci. Lieutenant Holland, Captain Flint
and Lieutenant BrOphy.