Evening star., 1925-10-21
COURT SELECTED
TO TRY MITCHELL
Only Officers Superior in
Rank and Seniority to Air
Colonel Assigned to Duty.

Several years of open disagreement
between Col. William Mitchell and
the War Department and general
staff over policies connected with
the administration of the Air Service
were eliminated yesterday afternoon.
when President Coolidge ordered a
court-martial to convene October 2S
and try the aviator on charges of
violating the ninety-sixth article of
war.
The court-martial is believed to be
the highest ranking body ever assem-
bled for trial of an Army officer in
the grade Of colonel. 1t Is headed
by Maj. Gen. Charles P. Summerall.
commanding the I'd Corps Area. New
York, and ranking major general in
the Army. 1t also includes five
major generals, six brigadier generals
and one colonel. Secretary Davis Is
credited with having picked the mem.
bers of the court himself All are
senior in point of service and rank
to Col. Mitchell and all hold dis
tinguished service crosses or medals
The court was composed by special
effort only of officers free from duties
connected with the War Department nj
and general staff administration.
Scope Of Charges.
While the War Department with.
held the specifications of the charge
from publication last night, SO they
might be read first before the court
in accordance with custom. 1t Is more
than probable that Col. Mitchell Will
be judged on evidence presented TO
show that he has conducted himself
ito the prejudice of good order and
military discipline" With the charge
against him confined to that specif1ca
ton, 1t is unlikely that he will be
allowed to introduce in his own de
fense any discussion involving the
Shenandoah disaster or the PN-9
No. ] flight.
Definite plans for the court MARTA
had not been drawn up by the War
Department today. but as far as they
had progressed it was learned the
trial would be open to the public
The department was engaged today
in obtaining a room large enough tC
accommodate the many persons in
volved and negotiations were entered
into with the Interior Department fol-
the use of the auditorium in that build
ing. If future engagements for the
auditorium can be Cancelled or post
poned. in all likelihood that place vii
be decided upon.
No one at the War Department to
day would venture O. guess on the
duration OF the trial, let alone the
final outcome. Army officers were OF
the opinion that Col. Mitchell's coun
sci, both military and civilian. would
put up hard battle and would not
be content to allow the court to
pass over the truth or falsity" OF
the airman's statements. The de
partment repeatedly has intimated
that the court would not be concerned
with this phase of the question.
Text of Article of War.
The ninety sixth article, for violation
Of which Col. Mitchell Is charged and
will be tried, reads
Though not mentioned in these
articles. all disorders and neglects tt
the prejudice of good order and mill
tary discipline, all conduct OF q
nature to bring discredit upon the
military service. and all crimes OF
offenses not capital, of which persons
subject to military law may be guilty
shall be taken cognizance Of by a
general or special or summary court
martial, according to the nature and
degree Of the offense, and punished
at the discretion of such court"
Under the provisions Of this article
conviction could, in the discretion OF
the court, be made punishable by
dismissal from the Army. Presi
dental approval. however. would be
required before such a verdict could
be put into effect.
In addition to Gen. Summerall, the
other members of the court will be
Mai. Gems. Robert l.. Howe, COM
manding the 9TH Corps Area, at Co
lumbus, Ohio; Fred w. Sladen, super
intendent Of the United States Mill
tary Academy; Douglas Macarthur,
commanding the Sd Corps Area, at
Baltimore; William S. Graves. COM
manding the 9Th Corps Area, Chi
cago; Benjamin A. Poore, commanding
the 7th Corps Area. at Omaha; Brig
Cons. Albert J. Boley, commandant
Fort Bragg, n. c.; Edward L. King,
commandant General Service Schools,
Fort Leavenworth, kans.: Frank r.
Mccoy, commanding the Sd Infantry
Brigade, Fort Sam Houston, Tex;
Edwin B. Winans, Fort Clark, Tex;
George, LIE r. Irwin, commanding
Fort Sill, Okla; Edwin E. Booth, COM
CONTINUED on, Page 2. Column 6.)