Evening star., 1925-10-17
DOCUMENTS DUE
. IN MITCHELL CASE
Affidavits on Which Charges
Will Be Based Expected
Here Today.

Affidavits upon which the court
martial of Col. William Mitchell, for
mer assistant chief of the Army Air
Service, will be based, are expected
TO arrive here late today from San
Antonio, Tex, where Col. Mitchell
broadcast his explosive criticisms.
The order convening the court un-
der authority of President Coolidge
as commander-in-c is expected TO
be signed by Secretary of War Davis
next week 1t was believed the doc
uments would not arrive here from
Texas in time today for distribution
by the War Department, and other
necessary legal routine Will take an
other day or two.
COMPLETION of the necessary legal
routine may take 4 short time, but
the order convening the court under
the direct authority of President Cool
idge as comander-iu-c chief is expect
ed to be signed by Secretary or war
Davis next week.
, Publication of the personnel of the
court will show it to be composed of
Is officers, the full statutory number,
all general officers, probably with the
exception of a colonel from the Judge
advocate generals corps, to act as a
law officer.
Mai. Gen. Charles P. Summeran.
ranking officer of the Army and COM
nanding the Cd Corps Area, New
York, has been generally agreed upon
as president of the court, while his
rolleagu also will be men who won
decorations in the World War and
have had no service on the general
staff as now organized or any connec-
rion personally with the Air Service
controversy.
Even the Judge advocate of the court
will be called in from duty at Corps
Area Headquarters. The Judge Advo-
cate General of the Army himself can
not sit, as he will be required later
10 pass upon the legality of the courts
proceedings, and no officer from his
Office here will be selected. due to the
desire of Secretary Davis that the
court shall be strictly representative
of the Army outside Of Washington.
Davis to Name Court.
Final selection of the officers to
form the court will be made by Secre-
tary Davis personally. He has made
it clear repeatedly that he proposed
to see that the trial was fair in every
respect and that no loophole was left
open for the injection into the case
of personal prejudice against Col.
Mitchell. For that reason, it has been
determined that only high officers
with distinguished war records would
be called upon to serve.
Availability of officers geographic
ally will play some part in the selec-
ton to avoid undue delay in as
sembling the court. One of those
within easy reach and fulfilling all
requirements is Maj Gen. Douglas
Macarthur, both Distinguished
Cross and Medal holder, who has not
served in Washington since the war
and now is commanding the Sd Corps
Area, Baltimore.
The bill to be drawn against Col.
Mitchell will be limited to the simple
charge under the article of war COW
ering conduct prejudicial to good
order and military discipline. Convic-
ton under this article would permit
sentence of dismissal from the service.
The action of the court is subject,
however, to approval or mitigation of
sentence by the President. who also
could set it aside entirely.
Two specifications under the charge
are contemplated, reciting the
language used by Col. Mitchell in
the statement given to the press at
San Antonio which precipitated the
aviation inquiry by the Presidents
Air Board. The contention will be
that the phrases criminal negi-
gence" and almost reasonable in
reference to Army and Navy admin
istration of air service matters, when
employed by an Army officer and di-
rected at his superiors in either the
Army or Navy, constitute conduct
prejudicial to discipline, and a verdict
of guilty of the charge will be asked
of the court on that ground alone.