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THE EVENING STAR, WASHINGTON, D. C., WEDNESDAY,
SCENES AT MITCHELL TRIAL AND MEMBERS DROPPED FROM COURT
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[[Image]] MAJ. GEN. CHARLES P SUMMERAL. Excused from court.
[[Image]] Judge Advocates Moreland and McMullen opening the trial. Upper: Col. Mitchell, Mrs. Mitchell and members of his counsel awaiting the opening of hostilities.

and the challenged member is accordingly excused." Gen. Summerall immediately rose from his chair, bowed to the court and left the room.
        Sladen Excused.
   Gen Howze was then made president of the court and he asked the defense if it had further challenges to announce. Mr. Reid replied that the defense wished to lodge a preemptory challenge against Gen Sladen. As, under military law, it is unnecessary to substantiate such a challenge, Gen. Sladen was automatically excused and Mr. Reid announced that the defense was then satisfied with the court as it stood. 
   It had been an ordeal for spectators and members of the court alike. Nervous tension had gripped the already far-stretched nerves of those present, and each challenge was met with a new reaction from the crowded room. Mr. Reid's declaration that Col. Mitchell's artillery would thereupon cease its slaughter of the original personnel of the court came as distinct relief.
  Col. Moreland then administered the oath to the members of the court. Gen. Howze, in turn swore in the judge advocate and the storm preliminaries were over at last, leaving what was left of the once haughty court-martial to continue its duties without the assistance of three of its most distinguished members. 
Charges Read.
After the trial judge advocate and his assistant had been sworn in Mr. Reid arose to read the charges and specifications and enter special pleas, including jurisdiction of the court on the subject. A momentary discussion ensued on the procedure between defense counsel and Col. Blanton Winship, law member  of the court. Mr. Reid maintained the manual for military courts-martial provides that the charges must be read before pleas were made. He therefore was allowed to read the first charge against Col. Mitchell of violating the ninety-sixth article of war and conduct prejudicial to good order and discipline. The first speculation under this charge constituted the entire San Antonio statement made by Col. Mitchell September 5, in which he charged "criminal negligence" and "almost treason" in connection with the management of the air services.
  When Mr. Reid finished this he declared.  "This constitutes an opinion and not a violation of any law or regulation," which was interpreted as a plea to the charge.
Charges Reread.
Col. Winship interrupted to say that he thought the prosecution should read the charges, and the defense counsel agreed it made no difference as long as they were read.
Col. Joseph I. McMullen, assistant trial judge advocate, then took the ream of paper and proceeded to read from the beginning again while Col. Mitchell stood at attention.  Col. McMullen read everything that Mr. Reid had read, and when Col. Mitchell began to shift from one foot to another the president of the court asked him to sit down.  The accused officer, however, preferred to stand.
On completion of the first specification Col. McMullen took up the specification which declared that Col. Mitchell made a statement "insubordinate to the administration of the War Department."
Col. Winship again interrupted to inquire if the specification identical with the first must be read all over again, and Col. Moreland gave it as his opinion that each specification must be read in full, "as that is the basis on which the accused will make his plea."
However, he left it to the court to decide, and on hearing no objections the president ordered Col. McMullen for the third time to proceed on the San Antonio statement.

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BRIG. GEN. A.J. BOWLEY, Excused from court.

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MAJ. GEN. FRED G. SLADEN, Excused from court.

Oath of Officers Trying Mitchell In Court-Martial

The oath taken by each member of the court-martial at the Mitchell trial today follows:
You (name of officer) do swear (or affirm) that you will well and truly try and determine, according to the evidence, the matter now before you, between the United States of America and the person to be tried, and that you will duly administer justice, without patriality, favor or affection, according to the provisions of the rules and articles for the government of the Armies of the United States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding and the custom of war in like cases, and you do further swear (or affirm) that you will not divulge the findings or sentence of the court until they shall be published by the proper authority or duly announced by the court, except to the trial judge advocate and assistant trial judge advocate; neither will you disclose nore discover the vote or opinion of any particular member of the court-martial upon a challenge or upon the findings or sentence, unless required to give evidence thereof as a witness by a court of justice in due course of law.  So help you God.