The Washington times., 1925-11-03
REFUSE I D
DISMISS
CASE
Continued from First Page.l
nel's guilt Of violating the Ninety
sixth article Of war.
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0oI8 quit OF NlOialiuS tue Ninety
sixth article OF war.
OverruIed BY WI, ship
s.If the Government has not
proven already the several ofkenses
charged, then the prosecution has
failed" said Moreland IF the at
tacIxs upon two high Government
departments by q high officer in
one Of them does not constitute
the offenses charged. then again
] say, the prosecution falls.
The attacks by the accused, as
offered In evidence were sufficient
proof Of his guilt In the opinion Of
the prosecution.
Mitchell nat quietly at the side.
Of his wife AMI counsel. Then Colo
mel Winships without hesitating.
promptly ovsrruled the motion
The opinion Of the law member,
without objection, il made the de-
clgion Of the court, said Major
General Robert L. Howe. president.
Of the court, and the defensess case
had suffered a death blow.
Court then was recessed for thirty
minutes to permit counsel TO confer
upon the defense's request for the
calling Of seventy-three witnesses
n MitcheIIss behalf.
Reid launched q bitter attack
upon the prosecutions case against
the flying colonel as soon as the
fifth session opened.
He declared the prosecution after
accusing Mitchell Of intent" to
ments. had brought In no testi.
mOny to support the charges.
Criminal Intent Lacking
I'm criminal case, :. said Reid,
s-Whi0h this Is, the burden OF proof
e always on the prosecution to
establish tie guilt Of the accused
beyond q reasonable doubt
Reid said that under the army
manual the prosecution not only
had 10 prove Mitchell committed the
crimes charged against him but
that s.the accused had the re-
We find by Analysing these
specifications 3, 4, and 3, that
the accused IS charged with q
specific intent In making and pub.
fishing his statements. Reid added.
He Ii charged with the intent to
discredit the Navy Department and
with the intent to digcredit the
War Department. This intent must
under the rules be established IN
each instance beyond q reasonable
doubt. .
Denies Any Evidence
Reid read at length from the
Army Manual ana from Supreme
Court decisions to support his con-
tenti0n.
aNot one scintfIIa Of evidence has
been produced by the prosecution
to prove that these statements were
uttered with the intent to bring dis.
credit upon the military service or
ia prejudice good order and military
discipline" said Reid. IT challenge
the prosecution to point to one
word of evidence to prove this in-
tent.
'sThe prosecution having failed
utterly to prove the essential ele-
ment OF intent may fall back on the
theory that the statements indicate
an intent to bring discredit upon
tine military service.
How can any fair-minded, intel
Hgent American citizen. having his
c0untry's welfare at heart. contend
for g moment that they were issued
for any other intent than to arouse
/. the conscience of the American pe0-
pie to stop the wasteful extrava-
gance Of Government monies, the
presenting Of a continuance OF the
loss of life and treasure through
the Incompetence and maladminis-
tration of the national defense and
the air service.
Intent Of Statements
"And certainly Reid shouted,
''no one can deny that II the is
Ouance of the statements could have
these effects. their author would be
rendering his country. his Govern
ment, and his army the greatest
service in the history of our country"
''I say the intent of these state
ments is plair upon their face that
intent was the advancement OF
Americas best interests.
THE people Of this country re.
gard the accused here on trial be-
fore you as one OF our greatest
patriots. Scour the country as
you win, you will not find an in.
divsdual, soldier or civilian, who
win come here and say he thought
the accused issued these statements
with q malicious and wicked intent
and 30 the prosecution stands all
alone on It's claim, deserted by the
whole world"
Reia teri ed the situation q
"6arco," when the prosecution
made an y Interpretation Of
MitcheIl's statements which IL "op-
posed by the opinion Of 100000. 900
Americans"
Showed No Disrespect
He added that not sinsle word
OF testimony had been introduced
to prove Mitchell either contemp-
tuous, disrospectful or insubOrdi-
nate.
Reid said Mitchell had never
shown disrespect to the army. In.
stead. Reid said, the flying col.
onefs chest was covered with
decorations ''won by splendid de-
yotioE 70 duty"
Colonel Mitchell also won the
highest possible recommendations
from General Pershing." Reid
added.
AZ for his statements causing
ga lack of discipline" in the army,
Reid challenged the jury OF gen.
erals themselves to say whether
there was any disorder or lack Of
discipline in their own commands.
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To mothers and little girls! The
Washington Herald now offers Z
beautiful, artistic and loyabIe
~Hush.A.Bye Baby" that talks,
nlAAFaa and II f1iNaafruOkfklA &. -.