Evening star., 1925-11-11
MITCHELL RELIES ON EVIDENCE
TO AC0UIT HIM, REID ASSERTS
Purpose of Testimony Developed in Wrangle During
Session Today--Ceneral Staff Officers Data
Corroborates Colonel's Charges.

continued from First PageD
advocatel refuses to call some out
side witnesses because. he says, the
testimony~ is immaterial'
Col. Noreland replied the matter is
wholly for the court to decide and
turning to the nature of the teSti-
mony, declared: This evidence is ad-
missible as matter in eXtenuation or
mitigation. If the case is being tried
on that theory il can come in. We
arc confident this is not admissible
as absolute defense on partial defense,
and therefore have refrained on the
ground that it is coming in on am
other theory Furthermore, we feel
il is up 10 the court to decide
That's his idea, not ours" replied
Representative Reid.
Court to Call Witnesses.
Col. Winship. addressing Represent,
ative Reid. asked if the proof would
so on regardless of the way a de
cision was made. and when Repre-
sentative Reid agreed. the law mem
ber put the question aside for the
present and the long-distance witness
problem again was taken up. Col.
4 -
the law member if it was the latter's
duty to pass on the question of sum
mons, thought that it was a matter for
the court. He said by conferences
with the prosecution efforts had been
made 10 eliminate as many witnesses
as possible. Col. WinShip thought the
matter could be decided by himself
but Mai. Gen. William S. Graves
moved that court be closed to consider
the point. which he declared important
in military procedure On the return
of the co.Irt Col. Winship announced
that since defense counsel declared
that the out-of-toWn witnesses We're
important and necessary they be sum
moned, and the court sustained this
opinion.
An expression on the ruling Of the
court was asked of the trial Judge
advocate and he replied that he had
talked at considerable length with
the defense and if those witnesses are
to testify as Indicated he could not
contradict the opinion of the court.
Representative Reid then inquired
if the prosecution had agreed on the
of Hawaiian witnesses
adding, They've had them for 4
week"
Moreland Explains Delay.
Col. Moreland replied he was en-
deaNoring to obtain information which
would enable him to sign the stipula
tions, but as the distance was sc
great he could not promise when the
desired data would arrive.
Representative Reid said the presi
dent of the court in agreeing to the
defense witnesses had asked thai
radio. telegraph and telephone be
employed to get them to Washing
ton. We've been able to communi
cate with Hawaii and get all the in
formation we want"
Col. Moreland told Col Winshfp his
desired information had been asked by
cable, and then the law member said
he presumed the witnesses agreed on
today would be called by telegraph at
once.
The court then proceeded with the
first witness, Maj. Brandt. who had
been waiting at the entrance of the
room while the witenss question was
being discussed.
Before he began his examination OF
the witness, Representative Reid, ap
preaching the presidents desk, said
This is Armistice day. l would like
the court TO. call my attention when
two minutes of II arrives, as l would
Seryance."
President Howe remarked the mat
ter would be taken care of by the
court.
Witness Air Veteran.
Maj. Brandt, in qualifying as wit
ness, said he was a graduate Of West
Point, had flown for eight years and
had 1000 hours in the air. His pres
ent duty is in the construction branch
of the Supply Division, Army genera
staff. No previous experience is nee.
essary for this duty, he said. His ex.
perience in the Air Service has been
featured by commanding two Of the
largest aviation fields during the wal
and also directing the Army air forces
in the Hawaiian maneuvers.
Maj. Brandt told the court thai
there were two bombardment squad
rons assigned for the Hawaiian ma
neuvers, and that one of these haC
to be converted from heavy bonn
bardment group to a light unit fol-
pursuit work. He said the two
squadrons should have composed the
total of 20 Martin bombers, but thai
there We're only 9. The two pursuit
squadronS, the witness said, comprised
II planes instead of the usual SO
me observation squadron nad It's Iul
quota of IS ships Maj. Brandt testi
fled that the air force had only hall
the equipment and personnel thai
would be necessary in war time.
Lack of a unified air command dur
ing the maneuvers resulted in greatly
hampered operations and considerable
dissension that would have been dan
gerous in actual war, Maj. Brandt de
clared in reply to questioning by de
fense counsel.
Il recommended that one officer be
put in command of the Army anC
Navy air forces" the witness said
4 considered a unified command alb
solutely essential. Capt. Tarnell o,
the Navy would have been in com
mand of the joint air forces under
this proposal. He was senior in ranl
to me.
Recommendation Failed.
MY recommendation was very EN-
phatically disapproved by the com
mander of the 14th Navy District, Ad
miral Mcdonald. He said that only
through him would orders be giver
for naval operations and this resulted
in a very roundabout method of car
rying out air plans. Our recop1menda
tion had to go through devious mill