Evening star., 1925-12-09

THE EVENING 81
Army and Navy War College. and as
such they are material available for
the world. D,
II would like to have them placed
in the record. They absolutely and
conclusively prove that submarines
could do great damage in the Pacific
and that Hawaii is defenseless.
Decries Unfairness.
He makes a big hullabaloo about
the book. If he was fair, he would
have read from another page which
says: This little book has been thrown
together hastily. 1t is compiled from
testimony and evidence given to Con
gress and from articles which have ap-
peared in public journals What is
sues in this case require this matter
to be brought up at this time? / re-
spectfully submit that it is irnperti-
nent and l object"
Maj. Gullion responded in low,
soft voice, saying he would leave to
the court the matter of whether any
personal remarks directed at him by
Mr.. Reid should remain in the record.
Dead silence reigned in the court
as the law member deliberated on
his opinion for moment. He then
said:
ITO go into a consideration of this
subject might take a few hours or
several days. The questions of au-
thorship and plagiarism are one Of
the most difficult l know. I don't
think the court wants to bring this
matter in at this time. The objec-
ton is sustained"
Assails GulliOn.
a hum and buzz was heard among
the spectators. broken only by Maj.
Gullion VINO wanted to examine the
witness further on his lectures. Mr.
Reid objected. and Maj. Gullion with
drew, but he succeeded in getting the
book. Winged Defense" into the
record AS the case was about to
proceed Col. Herbert \. White, mill
tary defense counsel, arose from an
obscure corner and declared Mai
Gu-llon. after having been overruled
twice on question. still attempted
to follow it up, and therefore was
guilty Of contempt of court.
Col. Winship thought there were no
grounds tor such a charge, and Mr.
Reid announced he would concur in
the ruling of the law member. Peace
hen was restored and Gen. Patrick
vas called To the stand.
The remark of Gen. Mccoy at the
outset OF the session was made while
Mr.. Reid was cross-eXamininG Lieut.
Col. Joseph a. Paa" in char~n of 'ha
'roop training section of the Army
general staff, who We: c.. /.
he stand this morning from yeSter-
day evening. Col. Barr was t-ivin" IN
detail the reasons why the General
Service School at For. Lave, : a
hanS., rejected n manual on airplane
'acticS prepared by Cen Patrick Mr..
Reid pressed the witness for 4 yes or
no. answer TO his question if the
school concurred in the Patrick report
Reid Is Irritated.
The witness replied he thought Mr..
Reid did not understand the matter.
which irritated the counsel consider
ably. At this stage Gen. Mccoy de
clarad:
THE court has a duty here to ad-
wise the defense that his manner Of
croSs-examination is somewhat ohiec.
tlonable. At least, it is TO me. Not
only with this witness. hut with other
witnesses. l would like the court to
consider if the defense should be ad-
vised how to conduct his cross -exami-
nation"
Il would like to have the law men,
her advise me how I cross-examine !"
snapped back Mr.. Reid.
The cross-exarninati0n shouldn't be
offensive. but still l think you have a
right to examine closely" remarked
Col. Winship.
Gen. Mccoy said there was nothing
the matter with the cross-examina-
ton, as he thought it was keen" but
the manner IS offensive"
Reid Defends Course.
Mr.. Reid said he was within his
rights to drive the point home. "The
witness here tells me what I know
and what I don't know. The only
proper way is to bear down on the
point they try to evade.''
Lieut.. Col. I. McMullen. assistant
trial judge advocate, entered the con-
froversy with this statement: LAS
understand 1t the defense is trying to
get the point out of the witness that
the War Department had the audacity
to disagree with the Air Service I'll
stipulate that fact as well as other
instances where the department dis
agreed with other branches
Gen. Graves broke in at this point
declaring: Under paragraph POI of
the manual ] think Gen. McCoy's
point is sound that it is the function
'of the court and not the law member
to notify the defense in this case"
President Howe, seeing the matter
taking on a forum discussion, finally
settled the question by declaring:
Il feel Mr.. Reid can proceed with
the method Of cross examining, having
In the mind, however, the precaution
that has been voiced in this discussion
by the court. / would like to see the
case proceed"
Answers Question.
The question finally was answered
by Col. Baer, who said the school
concurred in some parts of the manual
and other parts it did not. Then, in
response to questions from Mr.. Reid.
he detailed the workings of the gen
eral staff with respect to Air Service
matters. Aviation questions are re-
ferred to flying members or attaches
Of the staff, and if the question then
is not settled the chief of the service
is called in.
Mai. Gen. Mason NJ. Patrick, chief
of the Army Air Service, was called as
rebuttal witness in connection with
charges by Col. Mitchell of the danger
attached to certain types Of Army
planes. He declared he did not con-
slider the OH or JN type Inherently
dangerous" and that if he knew his
officers had to fly unsafe planes he
would take it up with the designer" J."
What action would you take if it
came to your knowledge that an Of
ficer had been permitted to fly plane
known to be dangerous?" Col. More
To-, ,,c1rn hi