Evening star., 1925-11-02

hand is TO the plow."
Calls Statements Outstanding.
Those are some of the outstanding
statements to which the courts at
tention is directed" said Col. More
land. The Government doesn't limit
its statement to that, however"
Representative Reid interrupted and
asked the court why Col. Moreland
a few extracts when the regulations
require that the gist of the offense
must he given. at that time.
de said Under the arrangement The
trial judge advocate had adopted he
would have to defend the entire state
ment, instead of parts here and there
on which Col. Moreland bases his
prosecution. The chief civilian coun-
sci then moved for d dismissal of the
case on the ground that the opening
statement of the trial judge advocate
was not sufficient and according TO
procedure
Col. Moreland replied in objectin9
70 the statement that this is another
attempt to ger bill of particulars.
The Government bases its case on
these two statements, and | propose
To prove the issuance and publication
of them
Col. Blanton Winship. the law mem
Der OF the court. politely but firmly
reproved defense counsel for its many
objections on technical grounds.
"Technicalities in law in courts mar
tial cannot be carried out to the eX
tent they are in civil cases" he said.
IF the charges and specifications
were not as stated. ii would have been
unfair TO the accused to have one or
TWO statements pointed out and stand
alone. The whole articles give "a
meaning and context to the extracted
statements.
Motion Is Overruled.
1T is my opinion, therefore, Mr.
President, that the articles in the
specifications stand as they are and
that the Judge advocate be not called
upon for further information. I rec
ommend the motion of defense coun-
sci he overruled'
The court sustained Col. Winship's s
opinion.
Col. Moreland then called the first
witness for the prosecution. A. II.
Yeager, a newspaper man, to whom
Col. Mitchell gave his statement for
publication. Representative Reid at
this point said: IF the court please
l withhold my opening argument un-
til the prosecution has finished its
case"
Representative Reid replied that he
insisted on his objection on the
grounds that the document in ques-
tion was not physically nor word for
word the same as that contained in
the specifications against Mitchell
The discussion over the admissa bill
ity Of the papers grew heated, with
Col. Moreland insisting that he was
within his rights in offering the papers
and Reid just as strongly defending
his objections to them. The law of
fiCer broke in to explain to the Judge
advocate that the defense apparently
objected to the additions as possibly
bearing on the judgment of the case
by the court. Col. Moreland then
asked the witness to erase all pencil
marks, but Representative Reid re-
fused to be satisfied, and the con-
troversy ended for the time being
when Col. Winship suggested that the
matter be left to the judge advocate,
and that If he cared to have the
erasures made and resubmit the
papers the court could then formally
pass upon Reid's objection.
Second Statement Given.
The judge advocate then questioned
the witness regarding Col. Mitchell s
subsequent statement, issued for pub.
lication on September 8, when the re-
verberations made by his earlier verbal
bomb still were echoing. Yeager said
that Col. Mitchell personally handed
to him and to two other reporters a
typewriter statement and said he did
not recall what Mitchell said at the
time. The statement, he added, was
published.
There enSued another long period of
chickering's between counsel when the
judge advocate sought to have intro
duced as evidence a page from the
San Antonio Light Of September 9
containing story about the Subse-
quent Mitchell statement and quoting
therefrom. Representative Reid said
he objected to the introduction Of a
copy of a statement. holding that the
originals would be the best evidence.
Col Winship apparently sided with
the defense in this contention, eX
planning to Col Moreland that the
newspaper article. in view of the con-
text, might affect the case of the
client before the court.
Gen. Howe then proposed that the
witness read the statement as given
to him by Col. Mitchell and thus
have it incorporated in the record
Representative Reid jumped to his
feet and cauStically attacked this
suggestion, saying THAT is a most
remarkable statement to come from
the president of this court Reid
argued that the mere reading of
what constituted the second Mitchell
statement would not serve in place of
the actual statement. and defended
his numerous objections on the
ground that he desired only to pro-
tect the rights of his client.
"WhV cant no cvir al
papers before this court?" demanded
Col. Winship at this juncture. 1T
is apparent that there will be numer-
Gus objections to anything but the
original on the ground that it might
contain additional matter, and we
are only taking the time of the
court by delaying introduction of the
original"
we insist on standing on the law"
broke in Representative Reid.
We'll, / am perfectly willing to
stand on the evidence as have
sought to introduce 1t here except for
the other printed matter not directly
connected with it, and / maintain that
there is nothing in this evidence be
yond the statement itself to influence
the court one way or the other" an
nounced the judge advocate with some
heat. 1T is astonishing to me that
counsel who had said that he didn t
want TO make any defense should
make all these objections
Representative Reid replied that the
evidence which Col. Moreland sought
to offer would not be admissible in
any court of the land, and he said he
would adhere firmly to his objections
as previously stated.
ANY court would have disregarded
It," replied Col. Moreland.
rs that a copy of what we are
charged With" asked Mr.. Reid.
/. THE typewriter part is a copy"
heatedly replied the judge advocate.
q maintain it is not fair and legal" "