Evening star., 1925-11-03

issued from a malicious and wicked
intent, and so the prosecutions stands
alone on it's claim, discredited by the
whole world, and would have the court
accept it's Interpretation of these
statements as opposed to the opinion
of 100,OOO,000 Americans. What a
farce it is
Certainly" continued Represent
ative Reid no one can deny that if
the issuance of the statement could
have these effects their author would
be rendering his country. his govern
ment, and his army. the greatest
services ever rendered them in our
history.
Il say TO you gentlemen. it is plain
to me from reading of these state
ments that the intent with which they
We're issued is apparent on their face
and that intent was the advancement
of America best interests.
The people of this country, | may
say to you, frankly regard the ac-
cused here on trial before you as one
of our greatest patriots"
Never" continued the counsel
has any one intimated he thought
they had been issued with intent to
bring discredit upon the military
services and to prejudice good order
and discipline.
Denies Remarks MutinOus.
mo evidence was produced by the
prosecution that conceivably has
shown that these statements were in
subordinate. In fact that only evi-
dence on that point was just the re-
verse. Certainly nothing said can be
characterized as mutinous or tending
TO incite mutiny or rioting and in the
absence of prooof that they had that
i -
fact of Col Hicks statement to the
contrary, 1t is difficult how it can be
seen that the prosecution has estab-
.ished beyond reasonable doubt that
hey were in the slightest degree in
subordinate.
Representative Reid declared "it
can't be said for d moment that the
accused has ever shown the slightest
lack of respect for his military su-
periOrs.
And now we come at last to the
final point which the prosecution could
have introduced evidence to support
its charges and establish the essential
elements of the offenSe charged,
namely. viz the actual offense of the
making. uttering and publishing of
the statements on good order and mill
tary discipline. Was evidence on this
point introduced by the prosecution?
Not one word.
Cites Corps Reports.
| venture to express the opinion
that not one of the corps area com
manders has ever stated in the official
report submitted weekly to the War
Department that good order and mill
tary discipline had been prejudiced or
affected in his command by the issu
ance of these statements. And the
prosecution would have the court be
lieve with no proof offered and with
its own witnesses teStifying to the eX-
act opposite, that good order and mill
tary discipline has been affected in
the Sth Corps Area and elsewhere in
the Army"
When defense counsel had concluded
it's argument for acquittal. Col. More
land arose in rebuttal. He began by
quoting from the manual for courts
martial certain passages outlining pro
cedure the court must follow. He said
that only when all differences of the
evidence in favor of the prosecution
do not appear legally sufficient TO sup
port the charges" may the court. in
open session. find ruling adverse to
the motion of defense counsel, but that
if il appears that the evidence before
the court is true that the differences in
it are favorable to the prosecution.
then the evidence must be deemed
reasonably sufficient to overthrow the
motion and to continue the trial.
IF the statements and attack of a
character shown by the evidence to
have been made against two highly
important agencies Of the Govern
ment by a high ranking officer in one
of them are not to be construed as
favorable to the prosecution, then
fai IA rri.
judge advocate.
Asks Motion BE Denied.
These attacks on the two indis-
pensable instrumentalities of Govern
ment by this high ranking officer con
stitute. in my opinion, all of the of
fense alleged. and | believe the mo-
- Z 4 e. IL. Il l.