Evening star., 1925-11-20
Colonel Right, But Used Poor
Judgment in Making
Charges, Chief Wrote.
LETTERS IN OLD ROW
READ BEFORE COURT
Service Head Behind Aide in All
Matters Except Attack on
Superiors.

Army general court martial proceed
ings today when it introduced into the
record subpoenaed documentary evil
dence leading up to his dismissal as
assistant chief of the Air Service and
which brought to light for the first
time the recommendation by Maj.
Gen. Mason NJ. Patrick, chief of the
Air Service that his assistant be
'admonished" for giving the impress
sion that Air Service officers would
be punished for tesufying their true
belief be- ore congressional commit
tees. Gen Patrick, however, in his
communications to the War Depart
ment vigorously upheld the accuracy
of Gen. Mitchelrs testimony before
Congress.
The evidence was in the nature OF
correspondence between the SECRETARY
of War and Gen. Patrick calling on
Gen. Mitchell to explain certain state
ments he had made before the House
military affairs committee and the
Lampert select committee last Febru-
ary Gen. Mitchell's s replies also were
read, together with Endorsements OF
transmittal by his chief.
Documents Read
The documents were read into the
record by Col. II. A. White, military
defense counsel, which required about
an hour and a half.
The morning session was void of
the usual bristling arguments be-
tween counsel and heretofore startling
testimony offered by defense wit
neSSeS. The defense exhausted its
regular list of witnesses yesterday
afternoon and Representative Frank
K. Reid. chief civilian defense coun-
sci, announced in open court today
that the accused would take the stand
in his own behalf probably Monday
morning. This statement differed
from one made by Mr.. Reid yester-
day, when in reply to question from
the prosecution he said Col. Mitchell
would not testify. Only one witness
remained in the witness room, Chief
Petty officer Collier, a Shenandoah
survivor, who waS lbpoenaed TO re-
cite the statements he made TO Maj.
Frank w. Kennedy, the first Army
officer to arrive on the scene of the
disaster.
Maj Kennedy when on the stand
Wednesday was prohibited from testi-
flying to what Collier had told him.
Three Letters Cited.
Three letters in all We're read by
Col. White to show the War De-
partment had called upon Gen. Nit
chell to explain his testimony before
Congress and to give his replies with
the Inducements Of Gen. Patrick.
The first letter calling for explana-
ton declared the air officers testi-
mony was of a character Ito reflect
on the War and Navy Departments"
The testimony charged "conserva-
tism" in the Army against aviation:
needless exposure of lives" by naval
orders in the battleship bombing tests
and that vested interests were hold
ing back the development and progress
of the air service" Gen. Mitchell's
lengthy reply was transmitted to the
Department by Gen. Patrick without
comment
The second letter received by Col.
Mitchell called for explanation of
statements that high ranking Army
and Navy officers had given false
testimony" before these committees
with the view to misleading the mem
bers. Col. Mitchell's reply cited state
ments by Admirals Jones and Straus,
Secretary Wilbur and Brig. Gen Drum
which he declared to be inaccurate.
Upheld Mitchell.
Gen. Patrick, in his Endorsement to
this letter, declared the statements of
curacies" and upheld Gen. Mitchell's
contention that they were not correct.
, He added, however, that he believed
their testimony was due to 'igno-
rance" and that Gen. Mitchell'S
charges that they were "falsified"
were unwarranted.
Il therefore recommend" Gen. Pat
rick said. "that Gen. Mitchell's atten-
ton be called to this, and that he be
70 tnfr atv,
on witnesses in the future"
The third letter of the War De-
partment demanded an explanation
of Gen. Mitchell's public statements
that several officers of the service had
confided to him their desire rot to
testify and of his warning to mot
enter the controversy, but leave 1t
to me, as I will take full RESPONSE
bility"
Gen. Patrick's Endorsement said that
Gen. Mitchell understood fully he was
authorized to set forth his own views,
but that he did give the impression
that the War Department would pun
ish officers who testified contrary to,
it's policy.
Thinks Judgment Poor.
Gen. Patrick thought that poor
Judgment" was exercised by Gen.
Mitchell in this respect, and recon.
mended that he be "admonished. Be
yond that he thought no other action
need be taken.
Col. White then read into the rec
ord War Department press release,
dated June z, 1925. containing Mai.
Continued on Page 2, Column ~
It Selves in Pact