The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1925-10-29
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and the army would become q mob. !"
Moreland concluded by declaring
the court itself should determine
whether MitchelPs statements were
prejudicial TO military discipline,
but that the court had righs to
hear the evidence.
He cited series of decisions by
authorities on military law to bear
out his contention.
Reid Deadly Serious
Mitchell was silent while More
land spoke, hut frightened when his
counsel, Congressman Reid, re-
sumed his argument as soon as the
Judge advocate sat down.
IF you men can try Colonel
MITCHELL Reid shouted to the
court, ''tte court-martial is greater
Reid, tall. angular. was deadly
serious. The court leaned forward
IN earnest attention.
Colonel MoFeland based his whole
argument on tradition" Reid con-
stsnued. How can any soldier be
guilty of a. crime IL he violates ira
dition2 / say there is no law. no
statute or any common law. to,
cover the question.
The flying colonel is just as
liable to trial for criticising his
superiors, the army prosecutor con-
tended. as is the man in the
theater who cries fire and pre-
cipitates a panic. Surely, More
land said. the right of free speech"
could not be advanced as a reason
why such a man should not be
tried for his act.
Gives Audience Thrills
IF anybody viii bring me proof
that there ever has been a, case
parallel to this, I will admit my
clients guilt.
III you people can say that this
is a crime and that this fellow or
that fellow can be punished with
out saving what law he violated.
then some change must come in
our system Of Government.
This is the same idea as Is ex-
pressed in the lynching of truth
teller"
The audience experienced a thrill.
IF you can do this" Reid said,
with a crash OF his fist on the
counsel table, and all that the.
prosecution says is true, then this
court martial is' greater than God. "
Az Reid concluded, Colonel More
land arose and placed in the record
: complete copy Of the speech made
bv President Coolidge at Annapolis
last June.
This address in. which the Presi-
dent aid naval officers should have
the widest latitude" in public ad-
dresses. that was cited yesterday by
defense counsel as having eJustlfled
the Mitchell statements.
Generals File Out
That ended the arguments ana
Ma ior General Robert l.. Howe,
president of the court. ordered the
ssiury of generals" to retire TO de-
liberate their verdict on the de-
lenses plea.
The nine be-ribboned and decorated
generals filed in a moment later
and asked the opinion OF coupsel
as to whether the court or the law
member. Colonel Blanton Winship,
Ahould rule on the plea.
When counsel for both sides
agreed that the law member should
decide it. Winship Immediately over
ruled the plea
An objection to the ruling was
raised at once by Brigadier General
Frank r. Mccoy. Because of the
objection, President Howe. ordered
the generals TO retire again.
Under the rules Of the court
martial, II was said, the objection
Of a single member of the tribunal
forced q full vote Of the court on
the decision.
Opinion is Sustained
The Jury Of generals" sustained
the opinion rendered a few months
earlier by Colonel Winship that the
court was within its powers in try
ing Mitchell.
With a meticulous regard for red
tape" Winship and the Jury OF
generals" ruled separately on each
OF the eight specifications set forth
In the court martial citation against
Mitchell.
In each instance. a member OF
the court objected to Winship's rul-
ing and the generals filed out to
render their own verdict. The court
then upheld all Of Winship's rul-
tngs.
Repeated Eight Times
Mitchell sat quietly with his coun
eel while he heard his defense
swept away.
The procedure followed in dis
missing his constitutional plea IN
the first specification was repeated
eight times.
ION the first specification on the
charges of violating the ninety-sixth
article of war;. said Colonel Win
ship, ut is my opinion that the