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Star - 10 - 31 - 25 THE EVENING [---] MITCHELL'S COURT-MARTIAL PROVES BATTLE OF KEEN WITS Colonel's Counsel Contrast in Type to Prosecuting Officer. Reid's Bold Attacks Show Scant Respect for Tribunal. BY ROBERT T. SMALL The Mitchell court-martial up to this time has been largely a battle between Representative Frank R. Reid of Illinois, special counsel for the flying colonel, and Col. Blanton Winship, the law member of the court. Representative Reid has proposed, and Col. Winship has disposed. For three days there has been a legal wrangle. It has been too much for the average soldier. He has looked on more or less aghast. But Col. Winship has grasped every situation——not only grasped it, but throttled it. He has been a stirring example of military efficiency and preparedness. After every knotty argument between contending counsel, Col. Winship has immediately announced: "I am prepared to pass on this question." Always Against Mitchell. And each time he has passed against the defense, the remainder of the court concurring and announcing that the opinion of the law officer has become the ruling of the court. They are a striking contrast, Reid and Winship. Reid is tall, spare, sharp-featured and sharp-tongued. His voice is rather thin and rasping and he is given much to slang. He addresses the august court as "You people." he spins things "right off the reel." He speaks of the court "taking him on." He has referred to the court as "greater than God Himself" and has characterized the whole proceedings as an attempt to "lynch a truth teller." As the trial has progressed the Illinois congressman has grown bolder and bolder, and at the last sitting could scarcely conceal the evidences of his contempt for the whole proceedings. Col. Winship is soft-spoken, having the tongue of the South. He is gray of mustache, but there is only a sprinkling of white hairs on his head. He has kindly, but keen, gray eyes. A graduate of the University of Georgia, he entered the Army during the Spanish War. During the World War he served as judge advocate general of the first American Army in France. He wears on his breast the ribbons of the Distinguished Service Medal and other decorations. He is one of the best lawyers in the Army, and that is why he was selected to keep the members of the Mitchell Court straight on their law decisions. Prosecutor an Ex-Judge. Of course, there is also a more or less continuous duel between Representative Reid and Col. Sherman Moreland, the judge advocate, acting as prosecutor. Col. Moreland is a graduate of the Law School of Cornell University, and served for eight years as judge of the Supreme Court in the Philippine Islands. The arguments against Col. Mitchell have come from Col. Moreland, but the decisions have come from Col. Winship, and so the real "scrapping" has been across the court-martial table. Representative Reid is trying to make the court as uncomfortable as possible with his threats to call President Coolidge and Secretary of War Davis as witnesses to face Col. Mitchell, since they have been recorded as the chief accusers of the aviator. He also has objected to the court proceeding under the regular court martial manual, because he says the court took itself out from under that manual when it decided the Mitchell case was different from all others and had to be treated in a different manner. Col. Mitchell pleaded not guilty 10 times when finally he was arraigned. And each time he added a little emphasis, until the last one sounded like the explosion of a 1,000-pound bomb. (Copyright, 1925.) [[image]][[/image]] [[image]][[/image]] Above: COL. BLANTON WINSHIP. Below: REPRESENTATIVE FRANK R. REID. Wash. Star 11/1/25 [---] PRESIDENT IS SEEN IN NEW TRIAL ROLE Reid Prepares to Show Coolidge is Mitchell's Accuser and Final Judge. The name of President Coolidge, which more than once has been injected into the Mitchell court martial in its two and one-half days of existence, again promised to play a prominent part in the proceedings tomorrow, according to developments during the brief recess since Friday. There was no definite announcement from the defense last night, but it was said one or two new angles would be dwelt upon when the court opens tomorrow. The first would be that in lieu of a subpoena, as suggested Friday, for the President to appear before the court as Col. Mitchell's accuser, a statement should be obtained from him naming the person who recommended court-martial proceedings against the air officer. The second concerns the position of the President in passing final judgment on the findings of the court. The court has maintained in overruling a motion to strike out the charges on the ground they were prepared in violation of the regulations, that President Coolidge is Col. Mitchell's commanding officer and he is powered to convene a general court-martial at any time. See President in Triple Role. This is construed by the defense as meaning that the President is both "accuser" and "prosecutor" and last night a third role developed—that of "judge." When the proceedings have been completed and the court reaches a decision on guilt or sentence, before the findings can become effective the President will have to approve or disapprove them. The triple role the President has found himself in, if it can be so established, is grounds for further pleas to jurisdiction, in the opinion of the accused's friends. These pleas may be entered at any time during the proceedings and even after the close of the trial. However, there was nothing tangible last night to give assurance either of these two courses would be adopted by the defense. Col. Mitchell, with permission from Brig. Gen. S. D. Rockenbach, commanding the District of Washington, left with Mrs. Mitchell for his country estate near Middleburg to "get in some horse back riding" over the week end. Representative Frank R. Reid of Illinois, chief civilian counsel, examined three Texas newspaper men, to whom Col. Mitchell gave the statement which resulted in his trial—Kenneth McCalla of Houston and A. H. Yeager and Harry Lee McCleary of San Antonio—and still was undetermined about witnesses to be called for the defense. He was certain on one, however—Col. Mitchell himself. There also loomed the possibility of subpoenaing Maj. Gen. Ernest Hinds, commanding the 8th Corps Area, under whom Col. Mitchell was serving when he issued the statements. Reid Explains Course. Representative Reid emphasized that it was the object of the defense to conduct its part of the case with utmost dignity and that only of necessity and out of justice to the accused, had he brought in the name of the President. He didn't wish to embarrass the Executive or make him a target in the present proceedings and, he declared, Mr. Coolidge's name would not have been brought into the case if the regular procedure leading up to trial had been followed. The prosecution——Col. Sherman Moreland and his assistant, Lieut. Col. Joseph I. McMullen——planned to make its opening statement tomorrow, which point in the manual of procedure was reached just before noon Friday when recess was taken. In the statement, it is understood the trial judge advocate will set aside certain portions of the two Texas statements and designate them as having violated certain charges and specifications against the air officer. He also will call the three Texas newspaper me, whom the prosecution examined yesterday o establish before the court the fact that Col. Mitchell issued his statements to them. What other witnesses he plans to call, if any, were not revealed last night. Reid Statement in Doubt. On completion of witness' cross-examination the prosecution will read its case and the opening statement by the defense will be made. As Reid said last night he has no idea what his opening statement will be because he will not know what the prosecution regards as offenses under his discussion. Unless some unforeseen legal entanglements develop, it is the general belief of both sides the case will come to a close by the end of the week. The opening dats of the trial were given over to legal arguments on procedures and rules, and about the only point that was not marred by preliminary discussion was the pleading of "not guilty" by Col. Mitchell. The prosecution, in explanation of digression from certain rules governing the investigation leading up to the charges, has characterized the trial as a "most unusual case," and defense counsel has been particularly alert in seeing that he thoroughly understands every point of procedure. One of his motions to quash the charges was founded on the ground that the scribed rules "mean nothing," and that the President should promulgate a new set of regulations for the conduct of the trial.
