Evening star., 1925-11-03
Court Recesses Until Monday
to Permit Agreement on
Subpoenas.
MOTION OF DISMISSAL
AND ACQUITTAL is DENIED
High Officials to Be Called-Great
Mass of Data to Be Brought
to Trial

The highly important question Of
whether Col. William Mitchell would
be granted witnesses to testify in his
behalf before the general court martial
trying him on charges of violating the
seth article of war was settled today
when the court, after turning down
the defense motion for a mot guilty
verdict, charged the trial Judge ad
vocate to facilitate the calling of wit
nesses, securing of documents and
everything else asked for by the &C
cused. To enable the prosecution TO
accomplish this, the court recessed
until Monday morning at 10 o'clock
Col. Mitchell yesterday presented
the prosecution with "a partial list
of persons he desired subpoenaed TO
J testify for the defense, and which
| numbers I3 names. Examination Of
/ the list showed that the ma ajority o.
names We're connected in some way
with. or had some knowledge of, the
controversy over aircraft matters and
national defense. in which Col Mitch
ell played the leading part. II
therefore was regarded that these per
sons would be called to the stand by
the defense TO substantiate the state
ments made by the aviator and for
which he is being tried
Recesses Until Monday.
The decision to adjourn and call
the witnesses came a few minutes
before noon and after the courts
denial. after an hour and a half's
argument OF the defense, for a motion
that the accused be found mot guilty
on the ground that the prosecution
had failed to prove the charges
lodged against him.
A brief recess was taken at this
point to enable both sides TO confer
on the witness subject and when
court was convened Col II. A White,
military defense counsel, asked for an
adjournment until Friday TO prepare
the witnesses. Representative Frank
K. Reid, chief civilian counsel. moved
TO amend the motion until Monday
because I'VE want to examine wit
nesses on the truth Of these charges
which Is easily provable." on agree
ment by Col. Sherman Moreland. the
trial judge advocate, the court grant
ed the request.
Howe Is Annoyed.
President Howe, however. clearly
showed his annoyance over this
| latest move. He inquired of the
prosecution the reason for the delay
in the witness matter. and when
1JIcul NVI- JtSSilII l. the
assistant trial judge advocate, said
yesterday was the first time he knew
of any defense witnesses, Gen.
Howe pointedly declared, Your
statement is an admission of your .
fault to have had the witnesses
ready for the stand"
Col McMullen begged the presi-
dents pardon and said that when he
served the charges on the accused
he asked for witnesses. but the first
he had seen in that connection was
! the partial list" given him yester-
| day. He said he issued SummonSes
last night by telephone for those in
the city, adding. II could get 20 wit
| nesses here in an hour if the court
| desired" Gen. Howe said 1t was
| the duty of the prosecution to have
the witnesses thoroughly prepared
outside" of court and ready for the
stand at any call.
Dismissing the argument. Gen.
Howe then declared: LAS president Of
the court, I would like to charge the
trial judge advocate and his assistants
to take immediate steps to facilitate
the defense in securing documents, wit
nesses, etc, so this case can go on in
a suitably orderly, continuous man
! ner." He explained that the word
immediate" did not mean this after
noon, tonight or tomorrow.
Raises Point of Dispute.
Maj. Gen. William S. Graves asked
of the possibility of the defense and
prosecution disagreeing on certain
! witnesses to be called which the court
! would have to settle Monday morn
ing and further delay the progress of
! the case, but this question remained
| unanswered when Col. Moreland arose
and said an effort would be made to
strike out certain names of persons
who are at far distant points.
When the court had cleared Gen.
! Howe detained the trial judge advo-
cate and the defense counsel for an
executive" conference. 1t was said
that both sides would confer this aft
! ernoon on what witnesses are to be
! called.
Representative Reid's lengthy argu-
ment for a verdict of mot guilty. for
! Col. Mitchell was begun when court
convened. The first move on the cal
endar was the opening statement by
! the defense, but just before adjourn
ment last evenin: Representative
| Reid made the mutton and requested
/ time overnight to prepare an argu-
! ment which he said would be given
| on the opening of court.
Asks Case Dismissed
| Upon the converting Of the court
! today Representative Reid moved to
strike out the charges and find the
defendant not guilty, citing the IS
! separate grounds. He then proceeded
! to take up each charge in the specifl-
cations to show the prosecution had
/ offered no proof Of any criminal in
Isn't when he issued his statements Of
! September and 8.
/ He pointed to excerpts from the
| Army court-martial manual as au-
| thority for the court to consider at
! this point whether the evidence is
! legally sufficient to sustain the
| charges, and If not sufficient, then to
direct the finding of not guilty in open
court.
| Then taking up each OF the specifl-
cations in turn, he pointed out that
| the prosecution had not offered a
| scintilla of proof to show beyond
reasonable doubt that the accused had
intended that some harmful result
would come from the issuance of the
! statement, or that he intended to
bring discredit on the Army and Navy
| services.
On the other hand. Representative
4 n