Evening star., 1925-11-28
REID WILL IGNORE
CLASH WITH KING
Mitchell Counsel to Ask In
cident Be Stricken From
Case Record.

Unless he voluntarily withdraws.
Brig. Gen. Edward l.. King, who yes
terday chara cteriZed the tactics of
Representative Frank r. Reid of Hi
nois, chief counsel for Col. Mitchell.
as damn rot" will continue as
member of the Mitchell court martial.
Mr.. Reid announced today he would
not challenge the right of Gen. King
to sit in judgment of the charges
against Col. Mitchell. although he de-
clares such an indiscretion in a civil
case would have resulted in immediate
dismissal Of the jury.
"lt is an unfortunate episode, and
regret its occurrence Mr.. Reid said
in a formal statement to the press.
This court is an impartial tribunal
The remarks might be interpreted by
some. but not by me. as an indication
of the disposition of one member of
the court toward the weight of evi-
dence.
Will Take No ADVANTAGE.
''On Monday morning / shall move
to strike it from the records, and
have so stated to Gen. King, and shall
take no advantage of the incident, al
though, as every lawyer knows. were
this civil proceeding the jury would
have been Immediately dismissed"
Despite, the profuse apologies of
Gen. King and the statement of Mr..
Reid. it was the general feeling in
circles close 10 the court martial
that the incident, which threw the
courtroom into an uproar yesterday
afternoon, is not entirely closed.
1t is pointed out that even though
the remarks of Gen. King and Mr..
Reid are formally stricken from the
record of the trial there will remain
written in the proceedings a distinct
reminder Of the clash in the motion
for erasure.
1t is also realized that the incident
cannot possibly be lost sight of in
the future conduct of the trial and
could undoubtedly be made use of
later by friends of the accused in the
event the court finds him guilty.
Gen. King himself, who previously
has manifested impatience at certain
phases of the proceedings. is likely to
feel certain restraint on his ordi-
narily free opinions.
General Apologies.
The general Immediately after court
recessed until Monday Yesterday reit
Grated his apologies to Mitchells coun
sci for his outburst, and promised ir
the future Ito keep things to myself
Gen. King heretofore has been re
ferred to as the most nervous mem
ber" of the Mitchell court, because
Of his announced dislike for news
paper photographers at the trial. Or
three distinct occasions he has irately
ordered their election from the court
room and the third time let his ami
| mostly toward them be known ir
strong language.
He was plainly impatient at tht
progress of the trial yesterday, ant
showed signs of his nervousness par
ticularly when Mr.. Reid subjected ths
War Departments opening rebutta
witnesses to a whitening cross-fire O.
| entangling questions.
The aggressive defense counsel hat
| won from Brig. Gen. Leroy Eltinge
| the general staff's first witness,
number of admissions he considered
| favorable to the case of the accused
and was leveling a rapid fire O
pointed questions at the second of
fering of the prosecution, Maj. ]. ]
Balm, when the explosion occurred
Reid Overhears Remark.
Wheeling suddenly in the midst o
| his cross.examination, Mr.. Reid shout
ed in the abashed and reddening fac,
| of Gen. King:
No, this is not damn rot, and
| object!"
Gen. King hastencd to apologize ant
explained he had been talking to an
! other member of the court.
! With the courtroom electrified at tn,
astounding turn of affairs. Mr.. Reit
shouted back:
II don't care to whom you wer,
| talking; this is not damn rot in m,
mind and I want that in the record
This may be tedious to you, Gen
King, but I have a duty to perform
here, and it is necessary for me t,
question this witness thoroughlyt
The tension did not end with tn,
adjournment of the court, by prear
rangement, a few moments later, ant
1t is likely it will continue until cour
convenes again Monday.