The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-11-03
NO PROOF OF
GUILT SHOWN
SAYS COLONEL
No One Believes Statements
Issued With Malicious In
tent, Says Counsel
NO DlSRESPECT SHOWN
Defense Counsel Moves Court
For Finding of Not Guilty
-Overruled

Washington, Nov. 3.--LHD-Colonel
William Mitchell again was oyerruled
by the general court martial trying
him today when he sought to have
the charges against him dismissed on
the plea that the prosecution had
presented no proof of his guilt.
The decision was handed down
without delay after an argument of
counsel during which Representative
Reid of Illinois, counsel for Mitchell,
declared the prosecution has rested
yesterday without producing lone
scintila' of proof that the air officer
violated discipline by his utterances
in the air controversy. This contcn-
ton the prosecution denied.
Statements Not Malicious
The court was told by Representa-
tive Reid that the prosecution had
been unable to find in the whole
country lone single, solitary indivi-
dual, man or woman, soldier or civil
lian, to come here and say he thought,
from reading these statements, that
they were issued with u malicious
and wicked intent"
And SO the prosecution stands all
alone on its claim" he continued.
deserted by the whole world, it
would have the court accept its inter
probation of these statements as OPP
posed to the opinion of 100000 900
Americans. What a farce it is.
mo evidence was produced by
prosecution that might conceivably
have shown that these statements
were insubordinate. In fact, the only
evidence on that point was just the
reverse. Lieutenant Colonel George
l.. Hicks. the prosecutions own wit
ness, said on cross examination that
he did not consider the statements in
subordinate.
No Lack Of Respect
The same remarks apply to the
terms highly contemptuous and dis
respectful. 1t cannot be said for
moment that the accused has ever
shown the slightest lack of respect
for his military superiors. lie Lad
always obeyed every order Of ms
commanding officers with promptness
and exactitude, as is attested by the
highest authority on military dis
cipline in the world, General Perish
ing.
not guilty"
Col. Sherman Moreland the trial
Judge advocate, briefly answered Mr.
Reid, opposing the motion to strike
out.
1T is my opinion" he said, chat
these statements and attacks upon
these two indispensable agencies of
the government. constitute the Of
lenses as recited. The motion. there
fore, should be denied"
MITCHELL HAS RIGHT
TO CALL WITNESSES
Washington, Nov. 3. -LP- The
court martial, trying Colonel William
Mitchell, held today that he was
within his rights in asking for the
testimony Of long list of witnesses,
including three cabinet officials, in
defending himself against the discip-
linary charge growing out of his at
tack on the governments air policy.
After the court had examined the
list. Major General Robt. L. Howe,
president Of the tribunal. directed
the prosecution to take immediate
steps to proceed to facilitate the de-
Tense by securing the witnesses and
documents called for"
An adjournment then was taken un-
til Monday to permit preparation and
service of subpoenas.
Three Secretaries on List
On the list are Secretaries Davis Of
the war department, Wilbur of the
navy department, and Jardine Of the
agricultural department.; Everett
Sanders, secretary to President Cool
idge, and many high ranking army
and navy officers as well as others in
civil life who have had contact with
aeronautics.
Some of those named arc>in Homo
lulu and other distant points, and it
was indicated that no decision had
been reached as to whether all Of
them would be brought here. The ac-
ton Of the court apparently means
that Col. Mitchell will be given
free hand in threshing out the whole
aircraft controversy in court. in an
attempt to prove that he was Justi-
fled in charging that the army and
navy air services were being admin
istered with criminal and almost
reasonable neglect of the best in
terests Of the country.
Documents Wanted
Voluminous documents now in the
governments files, including war and
navy department records and copies
of such letters as may have been
written and received by President
Coolidge in regard to the air con-
troversy, are called for as part OF
the case of the defense.
Whether the right Of the court
martial to demand access to all of
these documents is recognized by the
white house and departments con-
cerned remains undisclosed.
A trial running into several weeks
now seems certain, and as a result
the debate over the governments air.
craft program doubtless will be car
ried over into the session of congress
which begins early next month.
HARDWARE STOCK SOLD
MARSHALL Malaise Lumber
company here has purchased the
entire stock Of hardware belong
ing to Jacob Helm and will take
possession January l.. The business