Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-10-30

, It's substitute is q motion to quash,
which was moved previously in this
| trial and was overruled by this court.
|, therefore, submit that the court
should not sustain the recommendation
of counsel for the defense for bill Of
PARTICULARS
Somewhat disturbed by this unex-
pected change of front, Mr.. Reid re-
piled with tinge of sarcasm that "a
strange thing has happened overnight
On the first flush" he said, "our APP
plication seemed to appeal to the trial
judge advocates sense Of justice. Now,
however" he continued. there has
been reversal of this appeal, and the
defense is asked to dig through so
typewriter pages and ferret out for
itself the bases FOR the charges
why, not even the prosecution"
he asserted, knows enough about
this case to point out these things"
For the first time since this trial
began. two and a half days ago. the
trial judge advocate dropped the cloak
of extreme tolerance that he had worn
so courteously and, flushed with an
ger, Numbered back: who is to
blame for these long statements?
Who is to blame? BY what right does
the counsel Of the defense ask me to
correct the voluminosity of his own
ciient?"
Centers on Statement
The document around which this
passage at words centered is com
posed largely OF the statements Col.
Mitchell made to newspaper men, for
which he now faces trial on charges
of INSTRUMENTATION and conduct preju-
dicial to military discipline Repre-
sentative Reid leaped TO his feet and
began answering Col. Moreland in
vigorous language.
Here Gen. Howe stepped into the
impending conflict, however. and re-
minded the attorneys that they must
address their remarks to the court
and not to each other
Here ensued "a scene of apologies
and retractions that We're 50 fiowery
and profuse that the spectators
Guffawed aloud and some even APP
plauded. The court itself smiled at
the eXtravagant words counsel for
each side employed to make 1t
known they had not intended the
slightest disrespect to the court nor
discourtesy to one another.
Request Is Denied.
The court turned to the noted law
work of Winthrop and failed to find
the words bill of particulars" men
lIltiSilI. 1htIu
pressed his argument that something
specific be given him on which TO base
his case. Col. Winship thought that
every argument of the prosecutor
would be from the two statements
which Col. Mitchell had made, and
were the bases for the charges. He
then rendered his opinion that the re
quest be denied, and hearing no OBJ
jections, the president made it the
ruling Of the court.
Picking up the charges and specifi-
cations Col. Moreland turned to Col.
Mitchell, asked him to rise and told
him all special pleas had been disposed
Of.
How do you plead to the charger"
asked the Judge Advocate.
Not guilty" declared the accused
in q firm voice.
Col. Moreland then mentioned speci-
fication one and received the same
reply. To all the specifications Col.
Mitchell denied his guilt. Representa-
tive Reid, who stood beside his client.
addressing the court, said: II want
the record to show that the accused
by his counsel pleads mot guilty" to
each charge and specification.
Col. Morcland then began the
reading of the ninety sixth article
Of war and Representative Reid OBJ
jected to his reading from the
manual on the ground that ''it is
not the procedure Of the court, owing
to the ruling yesterday. and a sepa-