Evening star., 1936-02-20
M'MULLEN CASE
RESTED ABRUPTLY
Surprise Is Sprung by De.
tense at Court.MartiaI
Trial.
(Picture on Page A-3.)
BY REX COLLIER,

The defense abruptly rested its case
in the breach of honor" court-martial
of Col Joseph l. McMullen this morn
ing, after introducing brief testimony
to show that Col McMullen's ques-
toned trip to California at the expense
of Joseph Silverman, jr.. was made be-
cause his son, Bruce McMullen, was
desperately ill.,
The unexpected announcement of
conclusion of the defense case by Will
liam E. Leahy, chief counsel. took the
prosecution entirely by surprise.
Lieut.. Col. Charles w. Thomas ir.,
trial Judge advocate, was granted a
recess to decide on the question Of re-
buttal testimony. after he had advised
the court of generals and colonies that
he was surprised" at the sudden ter
mination of testimony.
McMullen Not on Stand.
The testimony ended without the
appearance of Col. McMullen on the
stand in his own defense. although
defense lawyers had said yesterday
that both he and Bruce would testify.
Counsel held long conferences yester-
day afternoon and last night, at which
decision was reached to have neither
of the McMullens testify.
The fifth defense witness had given
brief testimony and Leahy had read
| to the court a stipulated statement
by Robert Fechner, director of the
c. c. c., when the dramatic an
nouncement. 1.-The defense rests" was
| made by Leahy.
| Apparently the court was as much
surprised as the prosecution, as prepa-
rations had been made to continue
the trial at least the remainder OF
| this week.
Only two witnesses appeared for the
defense today, and both testified re-
garding the urgency of Col. McMul-
| lens trip to San Francisco on Janu-
ary 20. 1884. The trip was made by
Col. and Mrs. McMullen with round
trip railroad tickets given them by
Joseph Silverman, jr.. indicated dealer
in surplus Army goods.
The Fechner statement declared Nc
Mullen had never tried to influence
him regarding Silverman contract for
selling back to the Government surplus
Army underwear needed by the c. c. C.
boys. 1t was McMullen's work on this
contract that led to his court martial
on grounds that he accepted a "re-
ward" of railroad tickets from Silver
| man.
After short recess the prosecution
notified the court it would be unable
to reach a decision as to its future
course in the trial until l pm, and
the trial thereupon was adjourned un-
til that hour.
Chief Clerk Testifies.
The testimony concerning Bruce's
illness was given by Miss Edna Fussell,
chief clerk in the patent section of the
Judge Advocate Generals Department,
of which Col. McMullen was chief, and
by Miss Lucille Butcher, secretary to
the chief of staff.
Miss Fussell said Col. McMullen re-
ceived a telegram January 10. 1884,
telling Of his sons critical condition,
and that she aided Col. and Mrs. Nc
Mullen in getting "off on the train
the next day.
Miss Butcher said Col. McMullen
came to Gen. Douglas McArthur's
Office and received permission to make
/ the California trip.
Miss Fussell declared she never saw
Silverman in McMullen's ofice, nor
did she ever receive any phone calls
or letters from him for Col McMullen.
She said, in response to a question
by William E. Leahy, chief defense
attorney, that Col. McMullen had
tried to retire" several times and that
he had been sick for the past year
and q half.