Evening star., 1925-11-13
FOLEY IS REFUSED
RIGHT TO ANSWER
MRS. LANSDOWNE
Effort to Get Shenandoah
Court Head on Mitchell
Case Stand Fail.
TESTIMONY OF WIDOW
IN TRIAL HELD FALSE"
Motion to Throw Out Evidence.
However, Is Denied-Accused
May Quit as Court Chief


Failing in a belated effort edrlier
I today to throw out the startlin2
I charges made yesterday by Mrs
Zachary Lansdowne, widow of tn
Shenandoah commander, with refer
| ence TO al alleged attempt by Cap
Paul Foley, r. S. n, Judge advocat,
| Of the ShennAsoah board of inouirl
! 70 control ber testimony before tina,
! board, the prosecution in the court
! martial case of Col William Mitchell
made an unsuccessful attempt this
| afternoon to have Capt. Foley appeal
| at once to defend himself.
| AT the same time it was reported
reliably that as a result of Mrs
LanSdowne's sensational Statement
! before the Mitchell court, Capt. Foley
! Will ask that he be withdrawn as
judge advocate of the Shenandoah
| board when it convenes Monday, OF
! the ground that he has become AN
interested party to the proceedings
Reid Objection Sustained.
The effort to set Capt. Foley OF
the witness stand this afternoon wa
made by Col Sherman Moreland. the
trial judge advocate. There was i'm
mediate objection from Representa-
tive Frank r. Reid, chief counsel for
| Col. Mitchell, and the court sustained
the objection
Col. Moreland explained that Capt
! Foley was in the room and desired to
| be called at once as a witness in con
nection with the testimony given yes
| terday by Mrs. Lansdowne. The judge
advocate said that he indorsed Capt.
F'oley's request 'in all fairness, equity
and justice"
That is a rather peculiar reques;
, for the Government to make at this
time" protested Representative Reid
The Government will have chance
Tor rebuttal at a later time. | have no
way of knowing the nature of Capt
foley's desired testimony. I must IL
! sist that this trial proceed in an or
F.; derly manner"
! Col. Blanton Winship, law membel
! OF the court, recommended that the
motion to allow Capt. Foley to testify
at this time be overruled. and the
court concurred in the recommends
| ton.
Testimony Stands.
Mrs. Lansdowne's testimony was de
signed TO support Col. A1itcheu's
prediction that the Navy would re
sort to "muzzling tactics in an effort
TO white wash itself in the Shenan-
! doah crash"
The move to strike it out, initiated
by Col. Moreland, came as a surprise
at the outset of today's proceedings, as
| the prosecution at the close OF yester-
days session apparently had given up
its persistent efforts to have Mrs
Iansdowne's testimony ruled out.
1t was apparent that something
had happened over night, and those
In touch with the trial saw in this
eleventh hour motion of the prose
cution some influence designed to
prevent the airing in court of the
Shenandoah inquiry.
Testimony Held False"
Col. Moreland based his motion on
the grounds that the testimony given
! by Mrs. Lansdowne, who charged
that Capt. Paul Foley, judge advocate
of the Shenandoah board of inquiry.
had sought to have her give false"
testimony before that board, was i'm
material, irrelevant, incompetent, i'm
proper" and could have no bearing
on the alleged offense for which Col.
| Mitchell is being tried.
He pointed out that the alleged at
tempt to include Mrs. Lansdowne &C
CURED long after the issuance by Col.
Mitchell of his San Antonio state
ments, for which he is being tried un
der the 96th article of war, and he
cited legal precedents established b.
civil courts in this connection.
Representative Frank K. Reid. OF
counsel for Col. Mitchell, made a Wig
orous defense OF Mrs. Lansdowne's
testimony. charging that If the Shen-
andoah board had completed its find
ings and announced a verdict, the
prosecution would have been eager TO
seize upon this fact in an effort to
show that Col. MitchelTs allegation
! of the Navy whitewashing the matter
was without foundation.
Motion Overruled.
The motion of the prosecution did
not impress Col. Blanton Winship, the
court law member, and he recon-
mended to the court that it be not
sustained. An executive session was
held to consider the recommendation
and the court then announced thai
Mrs. Lansdowne's testimony would re
main Of record.
The testimony given this morning
was mostly of technical nature and
was far from having the sensational
| characteristics of yesterday.
! Col. ]. Edward Cassidy, Army Re
serve Corps. testified that Brig. Gen.
Hugh Drum erred In testifying before
a Congressional committee about the
amount of gas necessary to evacuate
an area the size of the District Of
! Columbia.
| The defense cited this as an in
! stance of high ranking officer" Civ
! ing lnisinformation TO Congress, as
! charged by Col. Mitchell.
/ While the witness was attacking
! Gen. Drums statement. Maj. Francis
( Wilby, assistant to Gen. Drum,
/ prompted the prosecution In its cross
! examination of Col. Cassidy
! Air Officer Heard.
/ The only other witness this morn
ini u HhiAf