Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-10-30

, Kenneth McCalla of Houston, Tex,
n. ii. Yeager and Harry Lee Nc
Cleary, both of San Antonio
Court Opening Delayed.
1t was 1925 before the court filed
into the trial room from it's ante
chamber. The members had been
closeted in private session for more
than half hour and the spectators
who filled the courtroom were begin
ming to become restless. A wave of
relief swept the crowd as the orderlies
announced: Everybody will stand
while the court enters"
To facilitate the proceedings. Col.
Moreland. the trial judge advocate.
recommended that the reading of the
record of yesterdays proceedings be
dispensed with. Mr.. Reid agreed to
the suggestion with the understanding
that any errors found in the record
might be corrected later and the court
ordered the record set aside for future
scrutiny.
Col. Moreland then plunged imme-
diately into the unfinished debate of
yesterday. in which the defense de-
manded that the court order the trial
judge advocate to file bill of par
ticulars clarifying the charges against
Col. Mitchell. AS the court recessed
yesterday afternoon Col Moreland
agreed to do this 'as a matter of
courtesy"
Changes Mind Overnight.
This morning, however, found the
trial judge advocate in an entirely
different frame of mind He pointed
out that the basis on which the de-
Tense made the request were exactly
the same as those on which it had
previously moved for dismissal for
lack of jurisdiction. In that previous
motion, Col. Moreland said the defense
had dwelt on the lack of authority and
had been overruled by the court.
In view of these facts, Col. More
land withdrew his earlier acquiesence
and said that he would be pleased to
hear any further argument counsel
for Col. Mitchell might wish to sub
NIT. This sudden reversal of opinion
on the part of the prosecution precipi-
tated new sensation, the first the
military prosecutor had thus far
sprung.
Mr.. Reid replied that no court
martial should attempt to investigate
a vague case. That's common sense.
and needs no law to interpret it." the
chief counsel for the defense declared.
1t Is matter of justice that they
should point out to us the things they
are to rely on in this case. That is
the practice of the courts of every
land.
Sees Charges Too Broad.
THE charges against Col Mitchell
are SO broad and indefinite. Mr.. Reid
continued, that counsel for Col.
Mitchell is unable to understand their
intent and is, therefore, entitled to
know precisely what each charge
means" He further declared that
the trial Judge advocate should be
ordered to definitely point out just
what the prosecution believes has
been violated in each specification.
'If these charges are 50 vague that
the defense cannot base its case on
them, then they are not legally suffi-
Gent" Col. Moreland Numbered back
with some show of feeling. But this
court has already found that this case
is legal and, therefore. that these
specifications are legal.
"A bill of particulars is a paper
that may be served in order that
something may be added. not taken
away in order to make something
else clear. It's only Office Is to remove
vaEueness by the addition Of some
thing, not by the subtraction Of some
thing else"
Here we are asked to tell the de-
Tense just what we are going to do
and are going to say. I submit that
this court has no power to change
these specifications. Whence would
come the power to permit you 20
change the substance of these speci-
fications after they have already been
found legal?
"And, finally. there is no such thing
as a bill of particulars in military law.