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Star-10-29-25
MITCHELL DENIES MILITARY OFFENSE
Declares Acts Did Not Constitute Violation of 96th Article of War.

Challenging the jurisdiction of the general court-martial to try him on charges of violating the ninety-sixth article of war, Col. William Mitchell yesterday afternoon declared through counsel that he had committed no offense against any military or civil law; said he was entitled to free speech under the Constitution and pointed to President Coolidge's Naval Academy graduation address, in which the midshipmen were urged to give the fullest expression of their views to the public.
 
Col. Mitchell's famous San Antonio statements of September 5 to 9, on which the War Department's charges are based, contained nothing like a charge of criminal neglect, incompetency or faulty administration of aviation that was directed against an individual, Representative Frank R. Reid of Illinois, defense counsel argued. Instead, they applied wholly to an intangible thing such as the War and Navy Departments and to the system of national defense administration that prevailed. Mr. Reid declared soldiers retained constitutional rights and named 15 privileges which he said could not be denied them during tenure of service either in the Army or Navy. Chief among these rights was that of freedom of speech.

Given "Fullest Latitude"

President Coolidge told the Naval Academy graduates at Annapolis last June, Mr. Reid said, "that they were given the fullest latitude in expressing their views before their fellow citizens, subject, of course, to the requirements of not betraying those confidential affairs which would be detrimental to the service."
 
He quoted directly from the President's remarks:
  
"It seems to me perfectly proper for any one upon any suitable occasion to advocate the maintenance of the Navy in keeping with the greatness and dignity of our country.'"
 
Then, Mr. Reid gave his interpretation of the President's language, declaring that Col. Mitchell had not betrayed confidential affairs of the Government; had not spoken to the detriment of the service he represented, and had asserted himself in a way that was entirely in keeping with "the greatness and dignity of our country."
 
Basing his plea on the question of jurisdiction, Mr. Reid told the court the offense as charged against Col. Mitchell had not been named, "defined or created by the law of military discipline, any executive or Army order, the articles of war or the Constitution or laws of the United States." 

Limits Definitely Fixed

"Every time the framers of the Constitution or Congress intended to tale away any of the rights of a soldier," he said, "they either specifically put it into the Constitution, as in the fifth amendment, or in the form of congressional enactment, as the creation of military tribunals and passage of the Articles of War.
 
"It is a well recognized principle of law that a privilege exists as to the discussion of public questions affecting the country and the conduct of public officials. The question before us now seems to be:
  
"Is a soldier still a citizen?"
 
Aviation was classed by Mr. Reid as a "vital public question." To show the widespread interest in aeronautics, he said $433,383,287 of the taxpayers' money had been spent in its development during the years 1920 to 1924. Casualties in the Army Air Service from the beginning of 1924 to July, 1925, totaled 484, "about one a day." 
 
In this connection he introduced another address made by President Coolidge. He read a short quotation from the President's inaugural address, which said:
  
"The collection of any taxes which are not absolutely required, which do not, beyond reasonable doubt, contribute to the public welfare, is only a species of legalized larceny."
 
Just before the court adjourned for the day Col. Moreland asked if teh defense had concluded its pleading. Mr. Reid replied in the negative, adding that he would plead further "at the appropriate time."
   
[[image - photograph]]
[[caption]] COL. "BILLY" LISTENS TO THE CHARGES OF THE PROSECUTION. At right, Col. J. McMullen, assistant judge advocate, reading the charges placed against Col. Mitchell. The latter stands at the left. The reading of the charges required three hours.
Copyright by P. & A. Photos [[/caption]]

INTONING OF MITCHELL CHARGES LULLS COURTROOM IN A DOZE

McMullen Tries Straight Reading, Then Falls Captive to Sense of Rhythm as He Repeats Statement Again and Again

Star 10-29-25

It appeared for a while yesterday afternoon that a peculiar sort of hypnosis, born of the monotony which attended the reading five times in succession of Col. William Mitchell's now famous San Antonio press statement and four times in succession of his subsequent corroborative statement, would lull the court-martial into a state of comatose indifference.

It fell to the lot of Assistant Advocate McMullel to intone the fire-tinged words of the statements over and over again, in compliance with the ruling that each specification against the colonel must be read in full.

He started his task with considerable vigor, in a tone of voice that set those present to thinking. On the first reading the thoughts of those present circled about the startling statements contained in the charge being read and around the circumstances leading up to the court-martial.

But as Col. McMullen started it all over again, in a monotone, the thoughts began to digress somewhat, it appeared. Several thought about how stuffy the little room was getting, others wondered why Supt. Hacker doesn't put rubber tires on his garbage wagons, a few drummed on the table in contemplation of how many more times this San Antonio statement had to be read, and a number of persons suffered an attack of befogged ideas devoid of any particular objective.

In the midst of this lethargy that permeated the assembly the listeners suddenly became aware of a change in tone on the part of Col. McMullen. Instead of the steady, unwavering voice with which he heretofore had been reading from the papers before hi a slight, though very distinct, emphasis was noticeable in several passages. The assistant judge advocate was beginning to get interested in what he was reading, was trying to learn it by heart, or was being captivated by the swing of the thing.

About the same time it became apparent also that the dignified members of the court were feeling the effects of this constant battering-down process.

Over and over again they had heard the colonel's words:

"The conduct of affairs by the two departments as far as aviation is concerned, has been so disgusting in the last few years as to make any self-respecting person ashamed of the clothes he wears."

Gets Swing of Thing.

Only now they were beginning to hear it with variations, to wit:

"The CONDUCT of affairs by the two departments, as far as AVIATION is concerned, has been so DISGUSTING in the last few years as to make any SELF-RESPECTING person ASHAMED of the CLOTHES he wears."

Catching himself thus coloring the already colorful Mitchell statement, Col. McMullen would halt for a moment, take a drink of water and proceed again for a while without elocutionary touches.

But the rhythm of the place was too intriguing, it seemed, and there were some unofficial observers who feared that any moment Gen. Howze and his fellow judges would start swaying in unison to the music of the words.

There was a sigh of relief all around when Col. McMullen finally let his voice die out and sank into his chair to recuperate from the strain.

MITCHELL'S WIFE AT HIS SIDE.
N.Y. Times 10-31-25

Clasps Husband's Hand After Colonel Pleads "Not Guilty."

WASHINGTON, Oct. 30 (AP). - Colonel Mitchell's pleas of "Not guilty" today were made with the officer standing, smiling and repeating firmly his negative response to each of the charges and specifications. Mrs. Mitchell sat at his side at the time. When the accused was reseated, she leaned forward, clasped her husband's hand in a grasp that remained unbroken for the while.

Another touch of sentiment between Colonel Mitchell and his wife took place when they separated for the first time since the trial began, Mrs. Mitchell to go over the week-end on a hurried visit to her baby in Detroit and the Colonel to remain in Washington under technical arrest, forbidding his departure from the city.