The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-10-30
MITCHELL ON
TRIAL BEFORE
court MARITAL
Hero of the MilitGriStS
Scores Points

WASHINGTON, Oct. 2s.-coioneI
Billy Mitchell, the stormy petrol of
the army air service, started off his
court martial today with a trio Of
victories.
On the ground that three of the
generals sitting as his judges were
prejudiced against him, personally
and officially, he successfully challen-
ged their right to sit in judgment
upon him, and they retired. One Of
them was Maj. Gen. Charles Summer
all, the presiding officers of the court;
another was Brig. Gen. Albert Bow
le., and the third was Brig. Gen. F..
w. Sloden.
Bowley went first, after some con-
sultation among the 10 generals COM
prising the court.
Reid challenged Summeral for
personal prejudice" at Mitchelrs
personal direction.
This prejudice, Reid commended, was
due to a report Mitchell had made
while assistant chief of the army air
service condemning Summerall's
handling of aviation while in com
mand of the Hawaiian department. In
his report, Mitchell said, Summerall
knew nothing of aviation"
Summerall Immediately arose, adj
mitted he had criticized Mitchell and
asked to be excused from the court.
Third Technical Victory
A few minutes later, Mitchell ran
his string of tactical victories to
three by peremptorily challenging the
availability of Brig. Gen. Fred w
Sladen, commandant at West Point
to sit, and Sladen was dismissed with.
out further ado.
The retirement of Gen. Summerall
made Maj Gen. Robert L. Howe the
presiding officer of the court.
Array of Judges
As finally constituted, Mitchell's
jury included; Major General William
S. Graves, commandant of the sixth
Chicago, Ill., corps area; and Major
General Benjamin A. Poore, com
mandant of the seventh Omaha
Neb.) corps area.
With the court reorgantzed, Reid
arose to make motion challenging
"the jurisdiction" of the court. Reid
read, as a part of the record the long
statement given out by Mitchell al
San Antonio, Texas, last September
in which he charged army and navy
heads with IAN almost reasonable
administration" of aviation, with
openly distorting facts or telling un
truths" about aviation and with 9
disgusting lack of aircraft know
ledge" 1t was this statement, which
led to Mitchell's court martial.
Mitchell looked his judges over
carefully while Reid's voice droned
out the charges. The jury of generals
held scattered array of poses.
War Lords Pose
Howe, Mccoy, and Winans watch
ed Reid, Macarthur, the debonair, left
his eyes on Mitchell. Graves and
King, old "war-dogs," were bored by
the speech.
After finishing the statement Reid
added: 1--WE contend there is nothing
in this statement which violates any
military law or any article or war"
At the request of the court, Reid
then gave way to Lieut.. Col. Joseph
!. McMullen, assistant judge advocate
who read the formal charges and spe
cifications against Mitchell.
Let the defendant arise" said Gen
Howe.
Mitchell arose and remained stand
ing while McMullen droned out the
charges again.
Raise Free Speech Issue
Frank R. Reid, of Illinois, chief Of
Mitchell's civilian counsel, charged
the military court had no power tc
try Mitchell on the charges brought
in the citations ordered issued by
President Coolidge. All the charges
Reid said, were based on two state
ments issued by Mitchell while al
San Antonio, Texas last September.
"The first article of the constitu
tion provides that congress can make
no law abridging freedom Of speech,
said Reid. "And Colonel Mitchell was
entirely within his constitutional
rights. when he issued these state
ments."