Evening star., 1925-12-01
CUSTER Of JUDGE
IN MITCHELL CASE
FLARE-UP REFUSED
Court Thrown Into Uproar by
Reid's Heated Challenge
of Gen. Graves.
WRANGLING A DISGRACE,
OFFICER HAD ASSERTED
Howe Denies Plea. With Sharp
Warning That Counsel Must
Stop Bickering.


Warning That Counsel Must
Stop Bickering.
Another flare-up between Repre-
sentative Frank K. Reid. chief coun.
sci for col. Mitchell, and member
of the court-martial now trying the
flying officer threw the trial into
complete disorder today and resulted
in direct challenge by the defense
of the right of Mai. Gen. William :.
Graves to continue as a member of
the court.
The challenge was not sustained
by the court.
The incident which threatened to
wreck the proceedings for the day
came about when Mr.. Reid shouted Il
heated protest to the court at a re-
mark made by Gen. Graves 10 the
court law member 10 the effect that
this wrangling is disgraCeful and
should be stopped"
Row Creates Iproar.
Coming in even more sensational
manner than Mr.. Reid's recent re
huke of Brig. Gen. Edward l.. King
for his damn rot remark during de
fenSe cOunselS CroSs-eXamination of
another prosecution witness. the
court was instantly thrown into an
uproar, with Gen. Graves vociferous-
ly denouncing Mr. Reid's lecture"
and the Illinois Representative hurl-
ing back additional accusations
ha elvrI S,f
control and spectators momentarily
expecting n physical encounter, Mai.
Gen. Robert l.. Howe, president of
the court ordered the courtroom
cleared and closed
There was a Commute secret con
ference between the generals, who had
retired to an anteroom. after which
they again filed into the room and
were confronted with Mr. Reds chal-
lenGe OF Gen. Graves impartiality.
Explains Remarks.
Before acting on the defense motion
TO oust from the court the distin-
guished commander OF the 9Th Corps
Area. Gen. Howe. on behalf of the
court. explained in formal statement
that Gen. Graves remarks had been
made to Col. Blanton Winship, the
law member. and were aimed al the
disgraceful wrangling" between coun-
sci for both sides. and were intended
to protect the dignity of the court.
The court also sternly rebuked coun-
sci for the prosecution and for the de-
fense for their constant pickering, "
and warned them it must cease.
The court then held another eXecu-
tive conference to discuss the motion
cf Mr.. Reid that Gen. Graves be re
moved from the tribunal, and then
announced that the challenge was not
sustained.
The storm broke during a tilt be
tween Mr.. Reid and Ma j. Allen Gul-
lion, assistant prosecutor, over a ques-
ton put by the former to Capt. II. r.
I Yarnell. who was in charge OF the
naval air forces on the BLACK side
during the mimic war maneuVerS in
Hawaii
! Mr.. Reid had asked the witness if
the rea son he had refused to join with
the Army air force III attacking an
enemy force on the Island of Molokal
| during the maneuvers was because
YOU wished to cooperate with the
Army flyers.
Mai. Gullion objected to the ques-
ton as unfair and that 1t violated
the rule for court-martial prohibiting
insulting questions of a personal ma
ture during examination Of a witness.
Reid Overhears Remark.
At this point Gen. Graves leaned
| toward Mai. Winship and made his
audible comment.
| Mr.. Reid instantly whirled to face
| Gen. Graves and shouted:
II have a right to conduct this
| cross examination as | see fit. and
Z | object to you saying ii should be
stopped"
/ Gen. Graves. his face livid and his
hands shaking with rage. shot back:
/ II claim | have a right to express
my opinion to my fellow law member
without being subjected to the criti-
i cism of Mr.. Reid"
Il say / object to you. Gen. Graves
| talking while | am cross s-examinins
| the Witness" defense counsel shouted
II do not acknowledge the right OF
! Mr.. Reid to lecture me as to my duty
! as a member of this court martial
| and l object to it, the general re-
| torted, with wavering voice anC
quivering lips.
/ II want the record to show that ]
was interfered with by Gen. Graves
during my cross-eXamination of a wit
| ness, and was unable to continue my
! cross aminat ton on account of his
! talking to the law member Reid re
! piled, waving his finger at Gen
| Graves.
| Demands Showdown"
"And l want the record to show thai
whatever Mr.. Reid has said about my
conduct in this court-martial is in
correct the general shouted bach
| heatedly, adding, I'VE will have {
| showdown on this
And / contend that I can cross
examine the witness without being
interfered with by a member of thi!
court Mr.. Reid returned.
All of this had taken place Sc
quickly that the other members of the
| court and, in fact, every one else pres
ent scarcely had been able to keel
step with the developments. Gen
Howe managed to blurt out: Let
find out what this is about. What wa
the objection?"
! The reporter reread Maj. Gullion'
objection to Mr.. Reid's question, bu
before anything further could be sal,
about it Brig. Gen. Frank r. McCo.
broke in with a request that the cour
be closed.
Gen. Howe then ordered the court
room cleared.
The generals remained behinc
closed doors in an anteroom fol
about 20 minutes and then filed int,
the court with grave countenances.
Reid Issues Challenge.
Mr.. Reid Immediately was on hi
feet with his challenge, saying: a..
hereby challenge Col. Graves right t.
sit any longer as member of thi