Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-10-30
Defense Strategy Reaches
Climax in Move to Sub
poena President and Sec
retary as ACCusers.
BILL OF PARTICULARS
IS REFUSED BY COURT
Sessions Adjourned Until Monday
After Sensational Maneuver of
Colonel - Morning Produces
Heated Debate Between At
torneys Over Procedure.

torneys Over Procedure
Col. William Mitchell. who since
the beginning OF the general court
martial trying him on charges OF
violating the Ninety-sixth Article OF
War. has battled in his characters-
tic manner for every inch OF ground
today reached the climax OF his
fight when he announced an effort
would be made to subpoena the Pres
ident OF the United States and the
Secretary OF War to appear before
the court and personally accuse HIM
OF his alleged offenses.
The background OF his plan had
it's formation yesterd day afternoon
when the court contended that
President Coolidge and Secretary
Davis were Col. Mitchell's accusers,
in overruling the motion OF Repre-
sentative Frank f. Reid of Illinois,
chief civilian defense counsel. that
The procedure leading up to the
court-martial was contrary TO the
rules as laid down i'll the manual
for the conduct OF such trials.
At that time Representative Reid
repeated the decision oi the court
for the benefit OF the record that
"Secretary Davis is his command
ing officer. his accuser and his
prosecutor.
The decision to take the unusual
step came at the close OF the morn
ing session when agreement was
reached between counsel for both
sides to adjourn until Monday morn
ing in order 10 prepare and examine
witnesses The adjournment fol-
lowed a denial TO the defense OF a
bill OF particulars and the pleading
hv Col Mitchell OF not guilty to
each charge and specification.
Reid Explains Move.
Representative Reid. after the ses-
sion. said that since the court had
ruled the President and the Secretary
of War were his clients accusers and
that in all probability it will be neces-
sary for the accuser TO face the ac-
cused when witnesses are called. there
left for him.
A conference however, was to be
held later on in the day between
both sides on the matter. 1t was
learned authoritativelv, however, that
II the decision is reached to have
President Coolidge and Secretary
Davis appear before the court as Col.
Mitchell's accusers, the prosecution
will not make the move.
Ind Score
tary of War cannot convene a gen
eral court martial. This privilege is
left to commanding officers of troops,
but the President of the United States
can at any time call such a. body.
In the Mitchell case, neither his COM
manding officer in Texas nor his com
handing officer in the District of
Columbia, Brig. Gen. Samuel d.
Rockenbach. had anything to do with
the investigation or the court itself.
Adjutant General Acts.
Instead as brought out by the
prosecution yesterday, Col. George A.
Nugent was directed by the judge ad-
vocate general of the Army to in
vestigate statements of Col. Mitchell
md prepare charges and specitica-
tions. The judge advocate generals
authority was the Secretary of War
and the Secretary OF War authority
was President Coolidge.
The court yesterday declared that
both President Coolidge and Secre-
tary Davis are Col. Mitchell's com
manding officers.
Col Mitchell's defense suffered an
other blow today when the court de-
MED him bill of particulars for
which he asked last evening Just be-
fore recess on the ground that the
..
vague to form a case.
Much of the morning session. which
GOT under way % minutes late. was
given over to a three-cornered argu-
ment among Representative Reid,
COL. Sherman Morela nd, trial judge
advocate. and Col. Blanton Winship
on the existence of such term in
military court S-martial. The argu-
ment finally was settled by the court,
which sustained Col WinShip'S opin-
ion.
Pleads Not Guilty.
Standing al attention. with shoul-
ders erect and chin held high. Col
Mitchell pleaded mot guilty to the
general charge of violating the ninety
sixth article CT war and the eight emu
merated specifications. all of which
charged conduct prejudicial to good
order and military discipline
Col. MOreland then read from the
manual the crimes and offenses that
would occur under the ninety-sixth
article or what was termed as the
"eist Of the offenses' and just before
he was to make his opening statement
the question of witnesses was raised
by Representative Reid
The defense counsel said he under
stood three Texas newspa permen to
whom Col. Mitchell had made his
famous San Antonio statements were
present and he asked permission to
examine them before they were placed
on the stand by the prosecution. Col
Noreland explained they had just ar
rived in the city and he. himself had
not met them and Ii was on his sug-
gestion the court recessed until Mon
day to allow both sides 10 question
the witnesses.
The newspa permen present were