Evening star., 1925-12-02
BAN ON INSULTING
TACTICS TAKEN AS
REBUKE BY REID
Courts Warning Is Regarded
as Personal by Counsel
for Col. Mitchell.
ORDER AIMED AT BOTH
COUNSEL, HOWE SAYS
Declares Judges Will Protect Those
Called to Testify-Evidence
Is Resumed.

Tension a the Mitchell court martial
snapped again today when Repre-
sentative Frank r. Reid. chief counsel
for Col. William Mitchell, took Of
Tense at a formal warning issued by
The court against insulting" OF wit
nesses
Taking the courts admonition as a
personal rebuke to him in connection
with yesterdays spirited furore be-
tween himself and Maj. Gen. William
5. Graves. Mr.. Reid interrupted the
opening efforts of the prosecution with
demand that the warning be made
to apply not only to the defense bu.
TO the prosecution.
Maj. Gen. Benjamin A Poore turned
to Maj. Gen. Robert Howe, president
OF the court, and suggested that II
was apparent the defense had nlisin-
terpreted the courts announcement
and had regarded 1t as applying solely
TO the one side.
Court Voices Regret.
Il certainly did understand it that
way" Mr. Reid stated
Gen. Howe expressed regret that
the defense had taken il that way
and pointed out that the admonition
had been directed at both the prose
cution and the defense.
The ban on insulting" of wit
nesses was announced after a long
conference in an ante-room, during
which the opening of the regular
court session correspondingly was de-
layed. AS the generals filed into the
room the president picked up a copy
Of the official court ma rtial manual
and read from it the paragraph con-
corning protection of witnesses.
The tilt yesterday between Gen.
Graves and Mr.. Reid occurred during
a controversy between the latter and
Maj. Allen Gullion, assistant prosecu-
tor. over the personal nature of
questions being put to a prosecution
witness.
GuIlion Made Protest.
Maj. Gullion at the time declared
that the court should not permit the
witness to be subjected TO "unfair
questions" and he referred to the
paragraph governing restrictions on
examinations of witnesses.
The only witness who testified at
the morning session of the trial to-
day was Comdr Kenneth Whiting
from the Naval Bureau of Aeronau-
tics. an expert on aircraft carriers.
He declared the United States led the
world in naval avia ton, but admitted
that she was behind with respect to
aircraft carriers. He said that Amer
lea s only carrier now in commission,
the Langley, ranked fourth among
the seven carriers now in existence
Court Reads Order.
The text of the paragraph for the
protection of witnesses" contained in
the court-martial manual and which
was read by Gen. Howe when court
opened follows:
1T is the duty of the court 10 pro-
tect every witness from irrelevant,
, insulting or improper questions, from
| harsh or insulting treatment and from
unnecessary inquiry into his private
affairs. The court must forbid any
question which appears to be intended
merely TO insult or annoy a witness,
or which, though pertinent itself. ap-
pears TO be needlessly offensive in
form"
please take notice" the president
of the court warned when he had
completed his reading.
Maj. Gullion had scarcely begun TO
question Comdr. Whiting regarding
/ his experience in aviation when the
interruption of Mr.. Reid took place
Maj. Gullion had asked the witness
| if he were not the first man to demon
strate the feasibility OF launching a
! human being from a submarine
though a torpedo tube and defense
! counsel, arising TO face the court.
! said:
| Under the admonition of the court
! the rules of the manual regarding in
] quiry into the personal and irrelevant
affairs of the witness should apply to
I the prosecution as we'll as to the de-
fense, and l object to that question"
Thinks Warning Personal.
1T seems that Mr.. Reid regards
this warning of the court as directed
only at him." remarked Gen. Poor.
II certainly did understand it that
way" the Illinois Representative re-
piled emphatically.
Il don't see why he should have
taken it that way, when / said ex-
pressly that 1t applied to all parties"
said General Howe.
II know you said that" Mr.. Reid
rejoined. but I was talking about
how l understood it
Il am very sorry, Mr.. Reid" Presi-
dent Howe said. Il didn't mean 1t
that way"
Maj. Gullion, between the sips from
steaming mug of coffee, which. he
had poured from a quart jar brought
into the room by an orderly, then
continued to question the witness.
I Describes Plane Carrier.
Comdr Whiting was qualified before
the court as an expert on aircraft car
riers. He testified that the U. S. S.
Langley. the Navy's only commission.
ed aircraft carrier. ranks fourth among
the seven existing aircraft carriers
now. in commission in the world. He
said that the Langley was the slow
est of all carriers in the world" but
pointed out in her behalf that she has
the largest storage space for planes OF
any carrier, that her landing and
launching efficiency with regard to
airplanes is as much as could be de.
sired, and that no injuries to personnel
have ever occurred from the small per-
centage of crashes which have occur
red on her deck.
Comdr Whiting told the court that
| when the new converted battle
cruisers, the Saratoga and LeXing-
ton, are put into commission as air.
craft carriers they will be as large
as any carrier in the world. more
powerful than any, and should be
capable of greater speed. He said
| they will be quite modern" when
| completed. He told of the Navy's in.
terest in carriers over a long period