New Britain herald., 1925-10-30
Washington Hears That Officer Feels He Has Right To Be Brought Face to Face With AccuSers.
Loses All Efforts to Halt Proceedings and Pleads Not Guilty-Case Ad- journed Until Monday.

Washington. Oct. 30 Rl-As to- days session of the Mitchell court martial began a report went to the rounds among the spectators that Colonel Mitchell would ask either President Coolidge or Secretary Davis of the war department to face him before the court.
 The colonel's counsel declined to comment. but intimated that some surprise move probably would be made. There also were indications that Col. Mitchell felt that he had a right to be brought face to face with the accuser" in his trial.
 Yesterday defense counsel sought by series of fnsistent questions to learn who actually had ordered the colonel courtmartialed. Col. Sher- man Moreland, the judge advocate general, at first said that this Is a presidential court" and later placed responsibility for the proceeding on both President Coolidge and Secre- tary Davis.
 It was pointed out in war depart ment circles today that in the case of Judge Advocate David c. Swain. decided many years ago and upheld by the supreme court of the United States, the charges were made by President Arthur, in person. That the courtmartial manual had been revised since that time. the govern ment contends, makes no difference, so far as the court procedure tot day is concerned.
 Colonel Moreland opened today. session by asking why ColonU Mitchell had asked for "bill particulars"
 Charges Too Vague
 ''rhe charges against the at cused," NIT. Reid replied, are tu, vague, too broad and indefinite"
 Colonel Moreland rejoined ihu
 this request had the same basis Il, the already rejected challenging ol the court's Jurisdiction.
 "A bill of particulars" he added lis not called for in such cases as this. It is to be remembered thai
 the specifications are now an in. tegral part of tho court record l There is no power in this court fC l compel me to deliver bill of par 3 ticulars."
 - He was going to prepare a. hil
 last night" Mr, Reid declared. "ThN { morning we are told the court ha 3 no power. What has happened over S night to rob the court of its power = Yesterday we heard that the cour s was all powerful"
 6 Loses All Pleas 1 Having lost every preliminary ef fort to halt the courtmartial pro = ceedings against him, Colonel Mitch
 ell today pleaded not guilty of tn Q charges against him and informe y the court that he was ready to stan - trial.
 n Little progress on the trial itseI h was made, however, at today's ses l. sion. After the prosecution had fir l. ished reading from the court man .- ual long list of regulations b
 which the proceedings are to |
 governed, the court recessed unt
 Monday to permit attorneys for th
 prosecution and defense to make n preliminary examination of vii N nesses who had arrived from Texa
 Pleads Not Guilty
 The air officer stood smiling, " answer the charge. He said "n'
 guilty" as each of the charges ar
 specifications were called in turn l
 the prosecuting officer.
 The plea did not deny the acc Id racy of the charge that the colon ,g had. In his San Antonio statemer H. accused his superiors of crimin Ee and almost reasonable conduct H. administering the air services of | ,i- government. but merely deni v- that this accusation constituted co D. duct in violation of good order al m. discipline as declared In the chargI tn The request for bill of partic 10 lars was thrown cut by the cou is' after a heated argument betwe k counsel. in which Representa- he Reid of Illinois, presenting Mite K. ell. declared the charges as word as by the air department. were ''t as vague" ed The courts law officer held th
 since all the charges were set c He in the specifications already filed | by request of the defense should on denied. This finding the court q cepted without objection iron, a est member.
 he After the plea 0t 1ot guilty h
 been entered, Mir. Reid objected tf
 the proceedings were not socordi
 to the court manual, since |
 charges against the accused had [ ee been brought in the manner fix ,as by the manual. This objection 1 lis- court overruled.