The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-10-28
FORMER AIR
CHIEF G0ES0N
TRIAL TODAY
Military Court TO Determine
Ii Mitchell Violated 96th
Article of War
ARREST is TECHNICAL
Department Seeks TO Avoid
Question of Merits of the
Charges Made
CHALLENGES COURT


ter having secured the retirement
of three members of the court
martial chosen to try him. Col.
VIM. Mitchell late today chaI-
lcnged the jurisdiction Of the
court.
Through his counsel the Col
"nel pleaded that the spccifica-
tions against him did not consti-
tutc any offensc falling properly
under the articles Of war, and
that Il cOurt-martial therefore
was without authority to try the
case.
Washington, Oct. 2S.--(Ho)--C ol.
William Mitchell Of the Army air SER
vice faced the bar of military justice
today for his charge Of "incompe-
tence, "criminal negligence and sal
most treasonablc' administration in
the conduct of aviation affairs by the
war and navy departments.
Violation of the Goth article of war
by conduct TO the prejudice of good
order and military discipline" was
the specific charge on which the for
mer assistant army air chief faced
trial by i general court-martial as Il
result of language used in statements
issued shortly after the Shenandoah
disaster.
Whether the officer is guilty of
such conduct and what, if any, discip-
linary action shall be taken against
him. is the question presented for the
judgment of the court OF l3 major
generals and brigader generals ap-
pointed by direction of President
Coolidge rs commandcr-in -chiet Of
the military forces.
The formali,y of arrest while stand
ing trial by court-martial applied in
Col. MitchelNS case as in all others,
but this in reality meant little fur
thcr restriction on his movements
than has been imposed since the war
depart ment summoned him to Wash
ington early this month. For the last
two weeks he has been under orders
not to leave the confines of the city
of Washington.
Formal arrest in such case, how
ever. is understood to carry also an
inhibition against visiting the va:
department.
Merits Of Charges not on Trial
While there was wide divergence
of opinion as to what procedure the
court would follow when the formali-
ties of organization were disposed Of
and the trial actually got under WY,
there was strong indication both in
the statute under which the cka ~;ns
were brought and in the war depart
ments attitude throughout the pre-
liminary proceedings that the merits
OF Col. Mitchells criticisms would
not be considered in the trial.
Should evidence be admitted as to
the truth or falsity of the assertions
made by Colonel Mitchell in the
statements issued at San Antonio,
Texas, Sept. 5 and Q, and for which
he has admitted full responsibility,
the trial probably would resolve it
self into another investigation of the
whole air service controversy. ThiS
the war department plainly has
to avoid in bringing the charges
under the 96th article of war instead
of another article which covers the
making of false charges.
Accommodation for public attend
ance at the opening of the trial were
at a premium.
Under Technical Arrest
Col. Mitchell was placed under tenn
porary arrest today shortly before
the court opened.
the court proceedings are terminated,
within the limits Of Washington. That
on the coloncl's move
mcnts has been in force for the past
several weeks and the arrest today
carried with it no physical restraint
or other confinement.