Evening star., 1925-11-27

observation that all that was neces-
sary in this particular instance was
| to have the witness give his judgment,
but Mr.. Reid clung to his objection
and demanded the papers.
did you prepare the estimates?"
asked Col. Winship of the witness.
They were prepared under my d.
rection"
Where are the estimates" con.
tinued the law member.
They are in the War Department, j."
the witness replied and then the law
member sustained Mr.. Reid's objection.
Col. Moreland, showing much ex-
element, jumped up and declared: I'm
other words, then, the prosecution is
not permitted to prove the difference
in estimates set down by figures and
what the witness knows?"
Witness Should Know.
you've offered the project in evi-
dence," said Col. Winship in reply.
land if the estimates are a part of
1t then you try to prove by your own
witness it Is not a statement of fact.
Col Moreland thought that was not
the case and when Col. Winship asked
witness give his own figures Col.
Moreland replied heatedly:
IF a man decided TO buy a pound
of beefsteak and figures up in his
notebook 1t vii! cost so cents. and II
he is brought into court and asked
how much the steak would cost he
won't have to go home and get his
notebook
II don't think that's an answer"
-.
of counsel for the accused is sus-
| tanned"
The next question put to the wit
ness by Maj. Wilby concerned the
priority of the completion of the
| Hawaiian project in relation to other
Army projects. The witness replied
! 1t was fifth on list OF It, but Mr.
| Reid objected. demanding the list be
brought in evidence.
The objection this time was over
! ruled.
Are there any defense plans for
Hawaii in existence" Maj. Wilby
asked, resuming the examination. Mr..
Reid again objected, wanting to see
the plans. Col. Winship asked where
they were and Maj. Wilby replied they
| We're in Hawaii.
Papers Best Evidence
Does the judge advocate contend
that the best evidence is the witness
on the stand?" asked Col. Winship.
Yes" replied Col Moreland It's
the old question of having to prove
the existence OF a horse by bringing
him into court
We'll. suppose the defense objects
that there isn't such a thing" asked
the law member.
It's up to them to prove il" re
piled Col. Moreland.
The law member asked the witness
If he knew where the plans We're and
Gen. Eltinge thought they might be
in the war plan section of the War
Department.
1T is my opinion that the papers
are the best evidence" declared Col.
Winship. The best way to settle the
question is to bring them in and let
them speak for themselves. The pa
perS are the best evidence and the
objection of the defense is sustained" "
Reid Loses Point.
Over numerous objections by the
defense, Maj. Wilby managed TO get
into the record the orders forming
the Joint Army and Navy Board and
the Joint Aeronautical Board Mr..
Reid objected when Maj. Wilby be-
gan to question the witness in detail
about how the Joint Army and Navy
Board functioned, Maj. Wilby an
nounced to the court that the prose
cutlon intended to show the actual
method used in establishing defense
policies in cooperation with the
Army and Navy and later to point
out how aviation plans are worked
out. Mr.. Reid replied that the prose
cution should introduce in evidence
do Yrynnr ny, Shn q nd
indicating, so far as air policies are
concerned, whether flying officers
signed them. The court finally al
lowed Maj. Wilby to continue his line
of questioning, after it had been as
sured that the prosecution was en-
deavoring to rebut the defense testi-
mony regarding alleged lack of a
general aviation policy.
When Gen. Eltinge testified that the
Joint Aeronautical Board acted as
technical adviser on aviation mat
ters to the Joint Army and Navy
Board, Mr.. Reid called for the presen-
tation of the general order forming
the Joint Aeronautical Board. The
prosecution produced the order and
started to read 1t, but defense coun-
sci objected on the ground that 1t
wasn't necessary to repeat the orders
to the court.
Wilby Reads Order.
Maj. Wilby apologetically explained
to the court that this would be the
last order he would read, and with
that understanding he was allowed to
| proceed.
who are the members of the joint
Army and Navy board?" asked Mai
| Wilby. Mr.. Reid objected. demand
| ing the records be produced or the
| source of the witnesses knowledge
| be given. Col. Moreland, arising, ad.
dressed Mr.. Reid as follows:
Il am surprised that the learned
defense counsel didn't object to the
| witness giving his own name. He
should have gotten the War Depart
ment records to prove it," The court
! this third pointed remark of the here
| tofore quiet and conservative colonel
| and Mr.. Reid moved the statement be
stricken from the record.
MY objection today has been that
the prosecution hasn't produced its
case properly"
Col. Winship thought the matter
| could be settled easily by producing
the official records Col. Moreland
be the case there won't be any more
records left in the department. It's
come to the point where we can't ask
the witness the name of the Presi
dent of the United States without
bringing in the election returns"
Courtroom Laughs.
Neither the court nor Mr.. Reid took
cognizance of this observation, al
though the spectators did.
Mr.. Reid added the reason for his
objections were that the witness Is not
on duty here or connected with the