Evening star., 1925-10-08
MITCHELL REFUSES
TO APPEAR BEFORE
NAVAL AIR BOARD
Will Go to Civil Courts to Pro-
tect Rights, Air Colonel
Declares.
ACTION FORCES HALT
IN SHENANDOAH PROBE
Course Advised by Counsel in Face
of Impending Inquiry Into
Officers Charges.

Col. William Mitchell, vortex of tho
aircraft controversy, dropped another
bomb into the muddled situation to-
day, this time bomb loaded with ST.
lence, when he refused, through coun-
sci, to testify before the Shenandoah
court of inquiry upon its resumption
of hearings into the loss Of the big
dirigible.
Refusing to answer to an i'm.
promptu formal summons issued
shortly after the court convened this
morning In the Navy Building, Col.
Mitchell left the scene of the inquiry
with the announcement that he would
! carry his refusal into the civil courts.
il necessary, to protect his rights"
in view of his own impending court
of inquiry.
The court then instructed the judge
| advocate to advise the War Depart.
ment Of Col. Mitchell's action. where
upon the hearing was promptly ad-
| journed for the day, there being no
! other witnesses on hand.
Hearing Room Crowded.
The hearing room, on the third floor
Of the Navy Building, was crowded to
| the doors during the brief and spectac.
ular session. No one, apparently, had
any hint Of the fiery colonel's plans.
Consequently there was a mild SEN
| sation when Representative Reid Of
Illinois. who had just been introduced
as counsel for Mitchell, broke into the
proceedings as Rear Admiral Hilleary
P. Jones started to have the colonel
sNprn and objected to the witness be-
ing required to testify under oath.
But this Is a formal court Of in
quiry, and the witness has been duly
summoned. Admiral Jones, who Is
president of the court. came back.
There has been no subpoena issued
for the witness appearance here"
Representative Reid, who was stand
ing at the colonels back. declared. II
cannot allow the witness to be sworn
when he has not been legally sum-
moned."
Cites Court Procedure.
THE court requested the Army to
send Col. Mitchell to 1t as a neces-
sary witness" Admiral Jones remon-
strated, turning to Capt. Paul Foley,
the Judge advocate. Of the court.
II sent the request of the court to
the War Department." Capt. Foley
Joined in" and the department di.
witness. was advised that no sub
circumstances"
"will the court kindly allow the
witness to read statement explain
| ing why he refuses to be sworn?"
Representative Reid replied.
Without answering the inquiry.
Court closed and all spectators and
others in the room, excepting the
members of the COURT, were excluded
/ while the court went into executive
session.
Summons Is Served.
! Ten minutes later the door to the
hearing room was opened and Capt.
Foley emerged with some papers in
| hand. Going into an adjoining room,
where Col. Mitchell and Representa-
tive Reid were explaining to news
! paper men why they had taken the
step they did, Capt. Foley called the
| two into a private ONCE and formally
served on Col. Mitchell the hastily
prepared summons of the court d.
recting the colonel to appear before 1t
as a witness "at 1890 am. October 3.
1925" At that time 1t was nearly tho
hour specified.
! In a moment more Capt. Foley re-
| entered the closed courtroom 1'tth
news of Mitchell's defiance. At the
| same time Col. Mitchell and Repre-
sentative Reid said so long" to the
newspaper men and left the building
without waiting to hear what action
| the court next would take.
Representative Reid gave to the
press, before leaving. a copy of let
ters that Col. Mitchell had sent to-
day to the War Depa rtment and to
| the President of the Shenandoah
! court, both of similar import. In
each the colonel said:
| II am advised by my counsel that
| it would be inconsistent with my
! legal rights and might jeopardize my
case should I be required to testify
before the naval court on matters
likaly to be the subject of inquiry
in a possible court-martial proceed
ure."
Asks Order Withdrawn.
The letter to the War Department
included a request that the order
directing Mitchell to appear as a wit
When the doors of the court again
were opened and the crowd Of
spectators in the corridors had again
filed into their places, Admiral Jones
announced that "in accordance with
approved naval procedure" the court
had instructed its judge advocate that
when witnesses are in this jurisdic.
ton he should simply have them di.
rected to appear" and II a question
arose in this connection the judge ad.
vocate should serve an Official sum-
mons.
Procedure Followed.
This the judge advocate has done
with regard to Col. William Mitchell
the summons directing him to appear
before this court at 1890 am. Octo.
Der s, 1926" Admiral Jones added.
I'VE will hear the report OF the Judge
advocate.
Counsel for Col. William Mitchell"
Capt Foley began, presents his com.
CONTINUED on Eighteenth Page.)