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Mitchell Court Arriving in City [Star?] Oct 27-25 Stage Being Set for Trial, Which Opens Tomorrow, Probably at 10. --- Military Washington was in a buzz of anticipation today as the preparations for one of the most outstanding court-martials in War Department history were in the final stages. Four members of the mightiest general court-martial that ever sat in judgement of an officer in the grade of colonel had arrived in Washington today and registered with the adjutant general. The other members who are on try Col. William Mitchell on charges of violating the 96th article of war are arriving this afternoon and evening, including Maj. Gen. Charles P. Summerall, president of the tribunal. At the Emery Building, First and B streets, the scene of the trial, carpenters, electricians and painters were putting finishing touches on the rather obsolete quarters which will house the event. The main room was divided into three sections-- the first for the court and its attaches, the second for the press and the third for spectators. There are accommodations in chairs for only 80 members of the general public and they will not be admitted to the building until 9:45 o'clock tomorrow morning. Likely to Begin at 10. Although no definite time has been announced by the court, owing to the lack of organization at present, procedure and tradition have it that the curtain will rise on the climax of Col. Mitchell's battle with the War Department at 10 o'clock. It is up to Ge. Summerall to fix the time, but it was generally conceded he would select that hour. "Jim" Preston, superintendent of the Senate press gallery, and "Bill" Donaldson, superintendent of the House press gallery, today had completed arrangements for accommodating 40 members of the press and had seen that telegraph wires and telephones, which will carry the reports of the trial, were installed. Col. Sherman Moreland, judge advocate of the court, and Lieut. Col. Joseph I. McMullen, assistant judge advocate, who occupy positions corresponding to prosecuting attorneys in civil courts, were closeted most of the morning, and officers of the War Department found it difficult to obtain interviews with them. Representative Frank R. Reid of Illinois, chief civilian counsel for Col. Mitchell, announced that Judge F. R. Plain of Aurora, Ill., also had been retained as civilian counsel by Col. Mitchell, both of whom will serve in addition to Col. Herbert A. White, judge advocate of the 8th Corps Area, appointed by the War Department at the air crusader's request. Representative Reid said he would hold a conference this evening with Col. Mitchell. He admitted he had no plans in store "because we don't know what they are going to do." As soon as he finds the attitude of the court on various questions of importance, he added, "we'll be prepared." Officers Arrive. The officers who arrived at the War Department this morning were: Maj. Gen. Fred W. Sladen, superintendent of the United States Military Academy; Maj. Gen. William S. Graves, in command of the 6th Corps Area, at Chicago; Maj. Gen. Benjamin A. Poore, in comand of the 7th Corps Area, at Omaha and Brig. Gen. Ewing E. Booth, commandant of the Cavalry School, Fort Riley, Kan. War Department officials thought that Col. Mitchell would be placed under "technical arrest" tomorrow morning, when he appears before the court. The "arrest" consists of being told by the president of the court tat he must remain within the jurisdiction of the court and hold himself in readiness to appear and answer all questions at any time. There are 36 points of procedure for conduct of trial by general court-martial, and these will be followed by the court tomorrow and succeeding days. The United States Infantry Association, with headquarters here, today made public a summary of the manual for courts-martial, as compiled by M. R. Nichols, military court reporter and member of the District of Columbia Shorthand Association. The procedure, in brief, as set forth in the pamphlet entitled "Check List for Judge Advocates," follows: Organization of the court: President calls court to order; trial judge advocate calls roll to ascertain presence and absence of members of court; introduce accused; announce presence of defense counsel and assistant defense counsel, if any; ask defense counsel and accused whether the accused desires to introduce any individual counsel; swear reporter; ask accused if he desires a copy of record of trial; read order convening court; ask if any member has formed an opinion; prosecution exercises right to challenge and one peremptory challenge of desired; advise accused in open court of his right to challenge and to one peremptory challenge against any member except the law member; ask accused if he objects to being tried by any member of the court present, or desires to exercise his right to one peremptory challenge. Arraignment of Defendant. Swear members of the court; president swears trial judge advocate and his assistants; arraignment: ask accused how he pleads to each charge and specification; ask accused if he has any special pleas to enter; trial judge advocate reads to the court paragraphs or parts of paragraphs of the Manual for Courts-Martial that set out the gist of each offense charges, stating specifically page and paragraphs or parts of paragraphs read; after plea of guilty in whole or in part the law member or president of the court addresses the accused and warns him of punishment that may be meted out; if accused maintains his plea of guilty, trial judge advocate formally advises him of his right to introduce evidence in explanation or extenuation of his offense; cross-examination by prosecution and defense follows and prosecution rests. Opening statement by defense, who follows same procedure as in introducing witnesses for the prosecution; accused testifies or makes statement if he so desires; if accused does not testify or make any statement in his own behalf the law member, if present, or otherwise the president, will explain to the accused his rights as a witness; the defense rests and arguments in rebuttal (if any) follow. The court then closes for sentence and after deliberation the president announces in open court the findings and sentence, or in rare cases directs that the sentence be not announced in open court. --- When Col. "Billy" Mitchell Faces Grim Tribunal of Military Justice [[image]] Gen. Summerall [[image]] Gen. F. W. Sladen [[image]] Gen. E. L. King [[image]] Gen. George Irwin [[image]] Gen. F. R. McCoy [[image]] Gen. D. McArthur [[image]] Gen. E. B. Winans [[image]] Gen. E.E. Booth [[image]] Gen. B. A. Poore [[image]] Gen. A. J. Bowley [[image]] Gen. R. I. Howze [[image]] Gen. W. S. Graves
