New Britain herald., 1925-10-28
Former Was President
Of Court M artial
Board - Second Ad-
Judged Prejudiced =
Third Peremptorily
Challenged.
Congressman Reid, Ac-
cused Officers Civil
Lawyer, Opens Defense,
Denying Violation of
Articles of War.

Washington, Oct. 2S PL-Colonol
William Mitchell began his defense
at his court martial here today by
driving from the bench three men,
bers of the court, including its presi-
dent, Major General Charles p.
Summerall.
General Summerall withdrew. on
his own motion after he had been
charged with prejudice against the
defendant and Brig. General A. j.
Bowley was disqualified by his col
leagues on the court after defense
charge had been lodged against him
on similar grounds.
Both challenges were based on
utterances of the two generals
against the separate air department
favored by Colonel Mitchell and In
support of which he used language
which led to his court martial on a
charge of violating good discipline.
Have Verbal Clash
A sharp verbal clash between
General Summerall and Represent
tative Frank r. Reid, of Illinois.
counsel for Colonel Mitchell preced-
/ ed Summeralls request that the
court excuse him from further at
tendance.
In support Of his challenge MIR.
Reid read statements made by Cen
eral Summerall before the presi-
dents air board. and coupled will
them extracts from the report. or
Colonel Mitchell after he inssperi A,!
the air defenses of the Hawaiiait ,ls-
partment, at that time commaAded
by General Summerail.
Summerall Indignant
II have learned for the first
time" General Summerall said, "of
the enmity Colonel Mitchell has TO-
ward me. The report he made is
untrue. unfair and ignorant. This
is not the place TO prove the eff
cheney of the air service OF the
Hawaiian department. l cannot sit
as member of this court. beg
the court to excuse me from fur
ther attendance"
;. The court granted the request
after short consultation.
General Summeralls retirement
placed Major General Robert L..
Howe, commanding officer of the
fifth corps area at Columbus, O., in
the presidents chair.
SHADES Also Excused
A peremptory challenge then was
made by Mr. Reid against Major
General Fred w. SHADES, superin-
tendent of the military academy at
West Point, n. Y, this form of chal-
! lenge permitted of no argument and
General SHADES was excused.
Only one peremptory Is permitted
under the practice of court4martial,
: but any number may be challenged
S for cause, as were Generals sum-
8 neral and Bowley. 1t is not re-
S quired that the defendant state the
= reasons for peremptory challenge
= Vacancies caused by the chal-
lenges are not filed in army courts
/ the remaining members retaining
l. full authority to act. With the chal.
! lenges disposed of, therefore the
s court was sworn, with its original
e membership of IS reduced to 10.
:. NIitchell's Report
: Colonel Mitchelrs Hawaiian re.
: port, which was read to the court
e as a part of the challenge agains
General Summerall, was dated De
cember 8. 1928. and declared tht
air forces of the islands were badl,
organized and that General Sum
neral had shown an ignorance O
the principles involved.
4 In an appended statement b,
Colonel Mitchell, also read in court
n the colonel said the report had in
dicated that General Summeral
knew practically nothing abou
aviation A copy of the report
Colonel Mitchell said. had beer
handed by him to General Summer
T. all.
Il The case In behalf OF Colone
: Mitchell was opened by Mr.. Reid witt
c the reading of the statements the al
i, officer made in San Antonio. Texas
September 5 and ., charging Grim
inal neglect" incompetence" an,
q "a most reasonable administrator
J. of the air service. 1t is upon thi
II language that Colonel Mitchell 1
: being tried on charges of "conduc
+ to the prejudice of good order an
Is military dfscipIfne -
: These statements. Mr.. Reid de
: clared, did not constitute violatiol
II of any article OF war.
It Both on Feet
With Colonel Mitchell standIn
before the bench, Lieutenant Colons
Joseph I. McMullen. assistant trls
judge advocate, then read the speci
4 tications against him.
- General Howe interrupted Co
l. onel McMullen TO say that he an
ID the accused might be seated.
lie IF the court has no objection,
sr Colonel McMullen said, 81 woul
b. prefer to stand. have no objectio
N to the accused taking his seat"
rs Colonel Mitchell looked aroun
ne smiling.
W "If the trial officer stands" /
st said. ''I'll stand"