New Britain herald., 1925-10-29
MITCHELL'S PLEA
 FOR IMMUNITY IS OVERRULED TODAY
Court Decides He Cannot Take Refuge Behind Constitutional
 Rights Of Free Speech
DEFENSE COUNCIL HITS
 HARD AT PROCEEDINGS

AAIlAtD III ItVVuDUINuu Asks All Charges Be Stricken Out
 As Commanding Officer Did Sot
 Make Them-Prosecution Rules
 That They Were On Presidents
 Order, Which Congressman Reid
 At Once Vigorously Denies.
 Washington. Oct. 29 Rl-CoIonel Mitchells plea of immunity from military trial on the charges pending against him was overruled today in the general court martial against him.
 The courts law officer ruled that when Colonel Mitchell charged war snd navy department officials with criminal" and almost reasonable" conduct In administering the air services he committed an otfense against military discipline and could not take refuge from punishment on the constitutional guarantee of free speech, as he had sought to do.
 Sustains Jurisdiction
 This opinion, whose effect was merely to sustain the jurisdiction of the court and make it possible 10 proceed with the trial, was approy- ed by the court itself after short consultation in Tecret.
 The law officer, Colonel Blanton Winship, gave his opinion after the court. the prosecution and the de- fense had agreed to leave the poinf to him. but in rendering his decision he asked that specific court ap- rroval be given. An effort to have the court vote on that approval in public was blocked by an objection by Brlgadier General Frank K. Me- Coy, commander of the third infan- try brigade, Fort Sam Houston. Tex as, Colonel Mitchells last station. The court then retired. aud took secret vote, returning after only short interval to announce its ap- proval. .r..
 Others OverruIcd
 The ruling applied specifically only to that specification in the charges which applied 10 Colonel Mitchell's first San Antonio state- ment criticising the conduct of the air services. but it was in the natule of test, and one by one the court then preceded in Iapid order to over. rule Mitchell's objections to it's right to try him on the remaining counts Representative Reid of Illinois. counsel for Colonel Mitchell, then moved that all the charges be strick- en out. He said the courts record failed to show that the commanding officer accused had ordered the charges against the defendant inves- tigated or had. himself, investigated the charges, as required by court martial regulations.
 Reid's Argument
 "If Colonel Mitchell had been guilty of any offense," Mir. Reid said. he should have been charged by his commanding officer at that time Major General Ernest Hinds, iu charge of the Eighth corps area at San Antonio.
 The record does not show that General Hinds, or Brigadier General Rockenbach. commanding the dis trict of Washington. thought any crime had been committed.
 Where, then, does this strange power come from that stretches out over these two commands? It does not come from the officers under whom Colonel Mitchell served in Texas or in whose Jurisdiction he is at present"
 Colonel Sherman Moreland, for the prosecution, replied that 1t was not required under the court martial regulations that either General Hinds or General Rockenbach act ually bring the charges,
 This Is a presidential court" |" said Colonel Moreland. "There is no requirement. that the regulations shall be carried out explicitly, so long as the substance is there."
 The charges are signed by an of- fcer In the judge advocate generals office at the war department and Colonel Moreland said that the pres- ident had designated that officer to act as accuser. 'as he has a right to do as commander-in-chief of the army and navy"
 The reference to the presidential court" brought Ir, Reid 10 his feet,
 T hate to think this is a case where necessity knows no law" he said. What strange power is this we are facing% This is an aborn- nal case, indeed. You don't mean 10 tell me that the president himself had these charges prepared? The trial officer doesn't know what he says unless my ears have deceived me. The president didn't make these charges"
 The defense attorney declared that In any event he knew of no provision of the court martial regulations that gives the president or the , judge advocate general a right tc bring charges"
 In the midst of the discussion ths , court recessed for luncheon.