Evening star., 1925-11-17
Old Issue Revived.


ineffective.
Old Issue Revived.
The moot question as to how the
court should consider the defense evi-
dence, namely, in the light Of extenu-
alton and mitigation, as held by the
prosecution. or as complete defense,
as contended by the defense, popped
up again when the trial was resumed
this morning. Col Winship, for the
court, pointed out that the court Is
very anxious" TO have this question
decided js soon as possible. lie said
that II had been expected that the
matter would be settled when the in
PRODUCTION of the defense testimony
first began. AS the trial proceeded,
with no agreement being reached, the
court has continued TO wonder just
how 10 take the testimony, Col. Win
ship explained.
The court has just asked me again
,, about the propriety OF continuing TO
take this testimony until II Is prop
erly decided as to whether it is for
extenuation and mitigation or for com
plete defense the law member an
problem should be settled today or
tomorrow and not at the end of the
, trial
Decision Deferred.
| Mr. Reid replied that he thought
the question could be appropriately de-
| termined when the prosecution begins
| It's rebuttal. and Col Winship said
| that If there was no misapprehension
at this time on the part of counsel, the
court was willing to wait until that
time. Col. Moreland of the prosecu-
| ton told the court he was inclined to
| think the matter could be postponed,
| but II the court thought that settle
| ment of the controversy would be q
! benefit to ii i'll determining its deciS-
| ion, the prosecution was ready to
argue the question Immediately.
! Gen. Howe then called the court
| into executive session. after which 1t
was announced that the trial would
| proceed as usual.
| Lieut.. Duke was the first witness
| put on the stand today. He went into
! detail regarding the operation of the
| model airways, and told Of hazardous
| flying conditions in the mountains
near Cumberland and on 10 Union
| town. He said there We're no meteor
| illogical stations in this mountainous
section to provide the flyers with up
| to- date data regarding the peculiar
weather conditions. He said that there
should be some sort of meteorological
! facilities at Cumberland and Union
| town. Asked by Mr.. Reid If any ac-
! ton had been taken with a View to
getting weather stations at these
| points, the witness said that the air
! service had requested that meteorolog-
| ical stations be established at num-
! Der of places, and on the insistence OF
| the prosecution voluminous records
were produced in this connection.
Correspondence Read.
, The witness was taken into a
| lengthy discussion of unsuccessful eff
| forts made by the Army Air Service
to obtain q radio station at Muskogee,
Okla, for the dissemination of meteor
| illogical data. Correspondence be
tween the chief of the Signal Corps
and the adjutant general of the Army
| concerning the proposed establish
ment of this radio station was read
| into the record. 1t showed that despite
the urgent request of the Air Service,
| which pointed out that the radio fac1lt-
ties We're considered as urgent and OF
| emergency Importance" to protect
airmen's lives, the adjutant general
disapproved the project on the ground
| that funds We're not available to pro
/ vide subsistence and quarters for the
additional enlisted men involved. Other
letters and Endorsements between Air
! Service officers were read to show
that most of the. cost of the project
was being borne by the Chamber of
| Commerce of Muskogee and that very
little expense deVolved upon the Gov
| ernment.
The witness was called upon to
read this letter, whereupon the prose
cution protested that 1t was time for
this court to shut out this sort of sub
| nj
| letter had been sent after Col. Mitchell
had made the statements for which he
is now being tried. Col. Moreland de-
| clared that too much leeway was
being given the accused In the presenta
tion of such testimony.
Question is Dropped.
Mr.. Reid replied that he merely
wanted TO complete the records show
ing the action Of the War Department
In regard to the Muskogee situation
but said that II the prosecution was
! willing to stipulate that nothing was
done he would be willing to leave out
the records. Col. Moreland repeated
his objection, so Mr.. Reid said: "Oh
ali right, II he doesn't care to show
what the War Department did We are
willing to let the matter rest"
Lieut.. Duke read into the record
original official correspondence be
tween the chief Of Air Service, the
general regarding the establishment o1
radio stations at points along the
model airway and the assignment oi
enlisted men trained in meteorology
to those points. Requests for a sigma
corps of enlisted men to be detailed
to UniMtoWn. Pa, to give accurate
weather forecasts ln las a4ouataaAous