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MITCHELL'S ACTUAL COURT-MARTIAL TO BEGIN NEXT MONDAY

Post, 10/31/25.

Rumor Coolidge Will Be Subpoenaed Without Foundation.

COLONEL FORMALLY PLEADS TO CHARGES

Belief Grows That President Will Not Be Party to Officer's Ousting.

By JOHN EDWIN NEVIN.

The actual court-martial trial of Col. William Mitchell, former head of the air service, will begin on Monday morning. He pleaded not guilty yesterday to the eight specifications presented against him. The preponderance of red tape which has held the trial down to three wasted days, was set aside for the moment.

The next move is up to the prosecution. On Monday the judge advocate, Col. Sherman Moreland, will tell the court just why the former asst. chief of the air service in the view of the War Department is guilty of a violation of the 96th article of war. Conviction probably means dismissal from the Army should the President approve the verdict.

This is the exact belief of everybody in official Washington. Col. Mitchell rather expect such a decision as well, although he insists that, after all, this court-martial has no place in law or legal procedure.

Will Not Call Coolidge.
It has been developed, of course, as a matter of sheer legal record, that the President of the United States, because of action by the Secretary of War, Dwight L. Davis, is the real accuser of the flying colonel. Yet suggestions that the defense actually will subpoena the president and his war cabinet officer to be witnesses are without foundation.

After all, it is not necessary to subpena cabinet officers. This was indicated in the oil and Wheeler proceedings before the last Congress. Those responsible officials are willing to accept an invitation to explain their position. And President Coolidge, whether he actually is the accuser of Col. Mitchell, as the record compiled by the legal forces attached to the trial by the War Department would seem to indicate, or is as the law properly interpreted would show merely commander-in-chief of the Army of the United States and therefore the suggested chief prosecutor does not have to come before any court-martial to explain his position.

Origin of Rumor.
The declaration that the President might be called as a witness came from an informal talk between Representative Reid, chief counsel for Col. Mitchell, and newspaper correspondence who asked him point blank whether he had in his plan of campaign the effort to issue a subpena for the President.

The Illinois attorney said:

"I am not yet quite ready to answer that question. Under the law, as set forth by the court, Col. Mitchell has the right to demand that his accusers face him. Inasmuch as it now develops, so far as the decision of this court is concerned, backed up by the statement of the judge advocate and the law member of the court, that the accusers of the Col. are the Secretary of War and the President, we would have the right to insist on both of them appearing if we insisted."

The proceedings yesterday were marked by the usual wrangling on minor technicalities by which the defense was making good it's various contentions and paving the way for a congressional inquiry, which can not be staved off.

At the White House late yesterday afternoon it was made plain that the position of the President continues that he will not discuss in any way any legal procedure in advance of the verdict.

President's Attitude.
Naturally both sides will try to play for the Coolidge preference. The final verdict—and nobody has the slightest idea that it will be anything other than a conviction and a decision to discharge the accused officer from the army—will go to President Coolidge for final approval. He is believed to feel that this is an injustice, although he can not evade decision. And the prevailing belief is that he will refuse to be a party to throwing the "fighting" colonel out of the regular army.

The 1st dramatic tinge to the court proceedings, since three of its chief members were thrown out into the "everlasting darkness," came yesterday when, after three days of exhaustion of red tape, Col. Mitchell finally rose in his place to plead to the charges against him.

Eight times he declared, in a voice that penetrated every section of the ancient room, "Not guilty," and each time the audience emphasized his declarations by an audible sigh plainly of approval. When this part of the proceedings was complete a recess was ordered until Monday, so that the prosecution might prepare its opening statement.

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SPEECH EXCLUDES HIM FROM court-martial DUTY. Criticism of Mitchell in a recent speech in the South excluded Brigadier General Albert Bowley, Commandant of Fort Bragg, N.C., from duty on the court-martial jury.

Congress to Hear Flier's Case
Supreme Court Also May Get an Appeal
News – 10/30/25

Rep Reid Says Court Of Appeals Will Be Asked for Pay If He Is Dismissed

Alleged irregular procedure in the war department court-martial of Col. William Mitchell will be discussed in Congress this winter, according to Rep. Frank Reed, Ill., chief counsel for Mitchell.

And if a verdict of guilty is given, and the flier is sentenced to dismissal from the Army, the case may be carried to the U. S. Court of Claims and perhaps to the U. S. Supreme Court.

To Ask Back Pay
The legality of the procedure, which Reid claims was not carried out along rules laid down by the War Department, would be tested in a suit brought in the Court of Claims for Mitchell's pay from the time he was dismissed from the service.

"It is unfair for the military ritual to be cast highly aside to try this case," said Reid today.

"After that decision by the court (which held the trial's procedure legal because it was called by the President), the War Department might just as well use its books on military law and regulations for paperweights."

No grounds exist yet for forecasting what the court's verdict will be, but Mitchell's defenders are prepared for the dismissal sentence.

Meanwhile, they will exert every effort to block the proceedings on the grounds that they're wholly irregular.

After an all-day argument over the legality of his arraignment, Mitchell sustained his 2nd defeat of the day late yesterday when the court trying him for official misconduct overruled the motion by his counsel to quash the proceedings because of errors in procedure.