Evening star., 1925-11-30
RIFT In PROSECUTION CAUSES
SENSATION In MITCHELL TRIAL
Moreland Joins Reid in Protest of Gullion Tactics
Latter Draws Rebuff From Court for
Effort TO State His Aims

Continued from First Page)
"holeheartedly Concurred. There being
no objection from the court, Gen.
Howe then declared the motion ac.
'"pted. and directed the official re.
porter to make the necessary erasures.
Gen. king did not lift his eyes dur,
inE Mr.. Reds statement and evinced
intense interest in the proceeding
hereafter.
me court that the prosecution con.
lends that the defense has utterly
failed to prove its allega ions" and
stSrted to elaborate, when Mr.. Reid
entered vigorous objection to the
prosecution trying TO make an open
tns statement in rebuttal. Mai Cub
hon replied he did not intend TO ma Ike
speech, but Mr.. Reid continued to
object to any act by the prosecution
At this time other than examination
CT rebuttal witnesses
Winship Enters Discussion.
Col. Winship inquired the purpose
OF the prosecutions motion" and Nal
truliion said there was no motion.
Then what is il YOU are trying TO
do%" asked the law member.
Il am merely making a statement
: TO what the prosecution is going
10 prove III this case. We are merely
trying to save time hy telling the
1T in advance what we intend to
show" explained the assistant judge
advocate
MIR. Reid continued to object TO
- hat he characterized as this new
method of court-nartial procedure and
aid he had never heard Of the prose
.ution being allowed to make an open
ing statement in rebuttal.
II don't blame them for getting
uervous," defense counsel said. I'VE
have presented our defense so we'll
hat they have become aroused and
uow they must go out of their way
10 try and make some sort of an open
ting statement. It is something I have
never heard Of before"
Col. WinShip called upon Maj. Gull
lion to quote authorities for such a
statement. and Maj. Gullion after
lengthy defense of his contemplated
move admitted that 1t was entirely in
the discretion of the court TO hear him.
Col. Winship cha CteriZed the plan
of the prosecution as unusual and out
OF place at this time, and the effort
Of Maj. Gullion thus failed.
Explains Attitude.
Maj GulIion then asked for per
mission Of the court to state the
methods we viii use for qualifying
witnesses" and when permission was
civen he began to explain the differ
ence between the prosecutions way of
qualifying witnesses and ihe methods
used by the defense.
There was joint objection from Mr..
Reid and the law member Of the court.
81 Ia, ~ RI
Maj. Gullion 10 dispense with further
explanations and bring in his wit
ncsSes.
1t was at this point that Col. More
land arose and said:
II wish TO say at this time as trial
Judge advocate that I am much sur
priSed at the request made of the
court about an opening statement by
my associate judge advocate. In fact,
am as much surprised as counsel for
the defense, and l heartily agree with
the court that such procedure is not
proper
The announcement of Col. Moreland
caused a sensation III the courtroom
which ended only when Maj. Gullion
arose to make another effort to tell
the court in advance what his wit
Hesses expected TO testify about. De
fenSe counsel objeced again on the
grounds that the prosecution was try
ing to pledge the court in advance,
Whereupon MAJ. Gullion explained
that he was merely trying to define
the Witnesses
Gullion Drops Point.
The court is entirely capable of
defining the witnesses" Col. Winship
broke in, and rebuffed. Maj. Gullion
at down and summoned the first
witness, Comdr. II. G. Richardson,
Z. s. ", Construction corps.
As Comdr Richardson faced Maj.
Gullion the latter began to swear the
witness in and defense counsel an
1ouuced its objection TO the assistant
trial judge advocate swearing in wit
DeSSeS when the trial judge advocate
IS present. Maj. Gullion pointed cut
that his chief, Col. Moreland," had
asked him to take charge Of the
Navy features Of the prosecution
and he felt it was proper for him 70
administer the oath.
Il object unless the record shows
hat the trial judge advocate IS inca
pacitated 10 perform his duties" pro-
tested Mr.. Red.
Lets don't have that question
raised" broke in Col. WinShjp, nd,
nodding TO Col. Moreland, the latter
arose and repeated the oath TO
Comdr. Richardson.
Piloted NC-3 OH Trip.
The witness told the court that he
was pilot of the NC-3 turing it's
famous transatlantic flight in 1923,
and told Of his long experience IN
construction Of sea plane hullS and
noutoonS.
III the face of Il series Of objections
on technical grounds raised by Mr.
Reid the witness told the court his
'lnowledge of the Navy seaplanes used
iu the Pulitzer races. of the Looming
alnphihiHn ships used by the Navy in
the Macmillan Arctic expedition and
Of effects of storage on racing planes
and DH type planes.
Comdr. Richardson said that the
Navy constructed two racing planes
for the 1923 Pulitzer races, one of
which was turned over to the Army
FOR the 1924 speed classic. The latter,
he said, was the one in which Lieut..
Pearson met his death during the
1924 races. He said this plane had
been in storage with the Navy from
October, 1928, TO April. 1924, and had
been held by the Army from April
until September, 1924. He said that
while under the care Of the Navy this
plane received special care in storage.
This testimony was given in connec-
tion with Col. Mitchells charges that
Lieut.. Pearson was killed In Il dilapi-
dated racing plane that had de-
Perforated in storage.