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MITCHELL TRAIL IS SET FOR WEEK FROM TODAY
post [[strikethrough]] 10-21-25
Department Issues Order; Summerall Heads Board;Flier Undisturbed.

CHARGE CAUSES SURPRISE 

Charged with violations of the 96th Article of War, Col. William Mitchell is to be tried by general court martial to be convened here next Wednesday morning.
   The court martial has been ordered by the War Department at the direction of President Coolidge. As a preliminary, the Judge Advocate General of the Army had reported that the charges against Col. Mitchell justified trail.
   Maj. Gen. Charles P. Summerall, senior officer on the army’s active list and commandant of the Second Corps Area, has been named president of the court, which includes five other major generals, six brigadier generals and a colonel. All of the members served overseas in the world war and won decorations for meritorious service. They are:

Members of Court.
Maj. Gen. Robert L. Howie, commandant of the Fifth Corps Area with headquarters at Columbus, Ohio; Maj. Gen. Fred W. S laden, superintendent of the United States Military Academy at West Point: May. Gen. Douglas MacArthur, commandant of the Third Corps Area with headquarters at Baltimore; May. Gen. Williams Graves, commandant of the Sixth Corps Area, with headquarters at Chicago; May. Gen. Benjamin A. Poore, commandant of the Seventh Corps Area with headquarters at Omaha, Neb.; Brig. Gen. Frank R. MsCoy, commander of the Third Infantry Brigade, Fort Sam Houston, Tex,n Brig. Gen. Edwin B. Winams, of Fort Clarke, Tex,; Brig. Gen. George LeR. Irwin, of Fort Sill, Okie.; Brig. Gen. Ewing
E. Booth,. commandant of the Cavalry School at Fort Riley, Kan., and Col. Blanton Winship, of the First Corps Area, Boston, Col. Winship will be law member of the court. 
  Col. Sherman Moreland, now on duty as judge advocate of the Fifth corps area, will be judge advocate of the court, and Lieut. Col. Joseph I. McMullen, now on duty at the judge advocate general’s department here, will be assistant advocate. At Col. Mitchell’s request, Col. Herbert A. White has been detailed as defense counsel. He is now stationed at Fort Sam Houston, Tex.
      Charge Comes as Surprise.
   The charges against Col. Mitchell came as a great surprise to many who expected that he would be tried under the sixty-second article of war, which embraces disrespect, insubordination and mutiny. The ninety-sixth article, under which the charges have been brought, reads as follows:
   “Though not mentioned in these articles all disorders and neglects to the prejudice of good order and military discipline, all conduct of a nature to bring discredit upon the military service p, and all crimes or offenses subject to military law may be guilty, shall be taken cognizance of by a general court or special or summary court-martial, according to the nature and degree of the offense, and punished at the discretion of court.”
   Thus Col. Mitchell does not face specific charges of insubordination, but comes to rpm rail presumably on charges of conduct to the prejudice of good order and discipline. It was understood last night that there would be no charges hinging on Col. Mitchell’s attack upon navy officials in connection with the destruction of the Shenandoah. 
      Latitude as to Punishment.
   Punishment “at the discretion of the court,” which is provided for under the ninety-second article, May mean anything from dismissal from the service to a reduction in files. In between may be a reduction of rank, and the courts in its discretion may evolve a combination of penalties ranging between the two extremes. 
   Col. Mitchell, when informed of the court-martial and the charges last night was undisturbed. 
   “It’s just as I expected,” he said, “of course, the charges do not meet the issues presented.”
   Interpreted , Col. Mitchell’s stand is that he is. It to be tried upon the truth or falsity of the things he has said, but merely upon whether or not he has said the things he is alleged to have said. This, he contends, does not serve his purpose, which is to build up national defense:  It leaves that issue out entirely and merely takes up the fact or falsity of the reports that he has made certain statements, he contends. 
   Col. Mitchell’s serenity is laid to confidence in his cause and the fact that he will face the court with one of the ablest staffs of counsel ever assembled in the country. It was said last night that he has added lawyers of nationwide repute to his staff, which already included Representative Reid, of Illinois, and Col. White. The names of the additional attorneys could not be learned. In general, Col. Mitchell’s alleged offenses have been statements condemning the administration of aviation by both the Amy and navy. Just how these charges are to be presented is, of course, unknown.

NEW YORK WORLD
OCT 23 1925

MILITARY COUNSEL for Col. Mitchell at Court Martial
[[Image]]
Col. H.A. WHITE U.S.A.
by HENRY MILLER NEWS PICTURES SERVICE, INC

MITCHELL O HAVE LEEWAY AT TRAIL

Expectation Is That Court Martial Will Let Him Say What He Pleases

LARGE SOACE FOR HEARING 

War Department Makes Provision for Crowds

From The World’s Bureau 
Special Desoatch to the World
Washington, Oct. 22.—The Army court martial which will try Col. William Mitchell will sit in the Emory Building, near the Capitol. 
  This building once housed the Bureau of Census, later the Supreme Court of the District of Columbia and more recently has been used for the storage at War Department records. It was chosen for the court martial because it is the only building under the jurisdiction of the War Department in which sufficient space can be found for the crowd that is expected to attend the trail of the former Assistant Chief of the Air Service.
   It was indicated at the War Department that there will be no interference whatever with the Military Court 
, which will determine its own procedure, the number of civilian counsel which Col. Mitchell may be allowed to assist Col. Herbert A. White, designated at his request as Military Defense counsel, and all other questions which may arise in  connection with the trial.
   The general expectation is that the court will permit Col. Mitchell to make any statement he desires to place in the record, to repeat any or all the charges made in the stem et which resulted in the order for his trial under the 96th article of war, and submit any proofs which he may have at his command. In other words it is not believed the Military Court will attempt to close the mouth of the accused, despite the fact that its sole function is to determine whether he has been builty of conduct t being to bring discredit on the army and the War Department.
   Asked to-day whether the Navy Department would participate in any way in the court-martial proceedings, Secretary Wilbur said:
“It is purely an army affair. The navy will take no formal part, but if requested to do so will furnish all information, legal and otherwise, that the army may desire.