Evening star., 1925-10-08
Will Go to Civil Courts to Pro-
tect Rights, Air Colonel
Declares.
ACTION FORCES HALT
IN SHENANDOAH PPJBr
Course Advised by Counsel in Face
of Impending Inquiry Into
Officers Charges.

Col. William Mitchell, vortex of the
aircraft controversy, dropped another
bomb into the muddled situation to-
day, this time bomb loaded with ST.
ience, when he refused. through coun-
sci. to testify before the Shena ndoah
court of inquiry upon its resumption
of hearings into the loss of the big
diriSible.
Refusing to answer to an i'm.
promptu formal summons issued
shortly after the court convened this
morning in the Navy Building. Col.
Mitchell left the scene Of the inquiry
with the announcement that he would
carry his refusal into the civil courts.
if necessary, TO protect his rights
in view of his own impending court
of inquiry.
The court then instructed the judge
advocate to advise the War Depart
ment of Col. MitchelTs action, where
upon the hearing was promptly ad
journed for the day. there being no
other witnesses on hand.
Summons Is Served.
Ten minutes later the door to the
hearing room was opened and Capt.
Foley emerged with some papers in
hand. Going into an adjoining room,
where Col Mitchell and Representa-
tive Reid were explaining to news
paper men why they had taken the
step they did. Capt. Foley called the
two into private Office and formally
served on Col. Mitchell the hastily
prepared summons of the court di-
rectinG the colonel to appear before 1t
As witness "at 1890 am. October s,
1925" At that time it was nearly the
hour specified.
In moment more Capt. Foley re-
entered the closed courtroom with
news of Mitchell's defiance. At the
same time Col Mitchell and Repre-
sentative Reid said $50 long" to the
newspaper men and left the building
without waiting to hear what action
the court next would take.
Representative Reid gave to the
press. before leaving, a copy of let
tiers that Col Mitchell had sent to-
day to the War Department and to
the President of the Shenandoah
court, both of similar import. In
each the colonel said:
Il am advised by my counsel that
it would be Inconsistent with my
legal rights and might jeopardize my
case should | be required to testify
before the naval court on matters
in a possible court martial proceed
ure.
Asks Order Withdrawn.
The letter to the War Department
included request that the order
directing Mitchell to appear as a wit
ness be withdrawn.
When the doors of the court again
were opened and and the crowd of
spectators in the corridors had again
filed into their places, Admiral Jones
announced that lin accordance with
approved naval procedure" the court
had instructed its judge advocate thtat
when witnesses are in this JuriSdic-
ton he should simply have them di-
rected to appear" and if a question
arose in this connection the judge ad-
vocate should serve an official sum.
mons.
Procedure Followed.
This the judge advocate has done
with regard to Col. William Mitchell.
the summons directing him to appear
before this court at 1880 am, Octo-
Der s. 1915" Admiral Jones added.
I'VE. will hear the report Of the judge
advocate"
Counsel for Col. William Mitchell"
Capt. Foley began. presents his COM
pliments to the cour tand states that
the witness declines to appear in an
swer to tn summons"