Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-10-29

veracity of the statements Col.
Mitchell made has been referred to,
and today the trial judge advocate
himself dwelt upon that phase of the
trial One thing the defense has feared
Is that the court would hold the
testimony strictly to the question of
whether Col. Mitchell's statements
constituted INSTRUMENTATION.
Inc court opened seven minutes
late. and the members filed into their
places before the audience was aware
OF thef entry, resulting in mad
scramble of spectators to their feet in
FORMAL and due respect to the body.
Col. Moreland. the trial Judge advo-
cate, reported the record of yesterday
was not complete. and on hearing no
objection, the president dispensed with
the reading. Col. Moreland then arose
TO answer the plea of jurisdiction made
Yesterday afternoon by Representative
Reid, chief civilian defense counsel.
Il want to expose" he began, what
| perceive to be one or two funda-
mental fallacies underlying the argu-
ment of counsel for defense. Inad-
Vertently he overlooked that element
which enters into the enlistment con-
tract. that the status of a man is
changed from civilian to military
very considerable circumstances.
The Supreme Court of the United
States in Robertson VS.. Baldwin said
that the contract of an ordinary sea
man not in the naval or military
service is an exceptional one and in
VolVinS to certain extent the sur
render OF personal liberty during the
life of the contract. This is to insure
the safety of the ship and to prevent
desertion. If this same condition
were not followed the Army of the
on our own soil.
Quotes Various Presidents.
"A soldier can't 90 anything he
pleases without violating military
law. | don't mean to say that he
cannot exercise certain rights. But
there is a condition laid down by mill
tary law and tradition. Failure to
perceive this underlies the argument
of the counsel for defense
Col. Moreland quoted various prece
dents in civil law in support of his
argument. He pointed out that there
are exceptions to what appear to be
constitutional provisions. For instance,
he pointed out to counsel for defense
that the constitutional guarantee of
free speech would not permit a man
to shout Fire in a theater and cause
panic. The defense counsels inter
probation of the first amendment of
the Constitution. he held. is ircon-
sistent with article l, section IA,
which makes rules for the govern
ment and regulation of the Army and
Navy.
The powers of the Army and Navy
establishments are nullitied. he de-
clared, if the defense counsels inter-
probation is correct. Therefore" he
concluded, his defense must be re-
jected."
Says Argument FavOrs Mitchell.
Col. Mitchell's counsel jumped up,
and, marching to the courts table,
declared:
The distinguished trial judge ad
vocate might talk forever and he
couldn't make a better argument in
our behalf than that just made. There
was no question of discipline or in
subordination. He didn't say any law
had been violated, but he did mention
tradition"
Taking up the Townsend case.
which Col. Moreland had referred to.
as a malicious case" He explained
it involved a newspaper editor who
was a reserve officer on active duty.
In this latter capacity he wrote sew
eral bitter articles against his COM
manding officer and placed them In
his desk Some one got into the desk
and published them. The officer-edi-
tor, Mr.. Reid continued, was tried by
court -martial, but. at was held there
was no proof he gave the papers to
the press The court further held he
had a right to criticise as he sa"
things"
Mr., Reid told the court If some one
would bring to him ruling parallel
to the present case, he would admit the
body had jurisdiction in the matter.
Here there is no standard or test.
If you can say there is crime, law
and punishment, 1t exists only in the
mind of the accuSer. l could take eacn
member of the court and find he had
different notion about these statements
of Col Mitchell. Are we getting back
they didn't like a mans looks, they
would vote to Danish him.
Sees Blow at Truth-Telling.
Continuing on the basis that there
is no real precedent. no standard with
which to measure the charges against
Col. Mitchell, Mr.. Reid declared: This
is about equivalent to attempting to
lynch truth-telling. Every man who
thinks or acts on this subject" the
chief counsel for defense continued,
will inevitably get back to the same
dominant question. He might travel
north or south, but eventually he Will
be drawn back to the same polor1Za-
tion-were these statements or Col.
Mitchell made in good faith by man
who honestly believes he was merely
doing his duty toward his country.
There is not a person In this room,
and believe I could poll every mem
her of this court with the same re-
suit. who believes Col. Mitchell would
disobey the slightest command. NO
matter what the order. 1 am sure you
think he would obey it. There is no
question Of INSTRUMENTATION here. 1t
ia simply a question of difference
of opinion Is there a man in this
room who believes Col. Mitchell
sought to attack. SANDER or libel any
officer or that he attempted mutlny!
l am sure you believe with me that
there is none"
Submits Coolidge Speech.
Col. Moreland. just before the court
went into closed session to discuss the
plea Of Jurisdiction, submitted for IN
clusion in the record verbatim copy
of President Coolidge's address at the
Naval Academy, which the defense
Quoted Yesterday to show that the
President himself entertained no OBJ
lection to officers of . the Nations
armed forces offering criticisms of
conditions they believed to be deroga'
tory to the interests of the country
The court remained closeted Tor
about Is minutes, and upon returning,
Col. Blanton Winship. the law mem,
her asked the opinion of the counsel
for the defense and the trial judge
advocate as to whether or not the