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cal errors and found them to be glaring."
   
Col. Moreland objected to further questioning along this line as irrelevant and immaterial, when Representative Reid jumped to his feet and said that it goes at the very issue in the case. He said that the defendant was charged with making false statements, and this is one of the most material things the defense has produced. 
   
The prosecution's objection was overruled, and Gen. Howze directed the witness to answer. But the question then was withdrawn for the moment. 
   
There was also objection from the prosecution when Capt. Oldys was asked is the McNair board report had ever been used. The defense counsel thwarted this objection by producing a copy of hearings on the Air Service before Congress and then was asked if the report was used before any committee before Congress. 

Says Report Was Used. 
   
The prosecution objected, but again was overruled, and the witness answered that the conclusions in the McNair report were used before the select committee before Congress by Gen. Drum. Returning again to the conference on the McNair board report held at the War Department and referred to by the witness early in his testimony, Representative Reid asked him to tell the court what part of the McNair report was used.
   
Capt. Oldys said that after a discussion of the objections of the chief of the Air Service and the chief of ordinance as to the methods adopted by the McNair board and its conclusion, the chief of Coast Artillery said in substance that he was aware of the inaccuracies in the report.
   
The chief of ordinance and the chief of Air Service, the witness continued, in substance remarked that no official use should be made by the War Department of the report and no official reference made to it. Gen. Patrick, he said, said that he did not agree with the report and did not want any of it used. 
   
The witness then was asked about his service in the Hawaiian Department, and if he knew Maj. Wheeler, who was killed there in an airplane crash. The witness replied that Maj. Wheeler was his group commander at Luke Field and that he was with him up to the time he took off on his fatal crash.

Defense Aim Sought.
   
Col. Moreland objected to this testimony as "incompetent, immaterial and irrelevant." the court wanted to know what the defense expected to prove by this evidence.
   
"We expect to prove by this witness," Representative Reid said, "that Col. Chamberlain, chief of staff of the Hawaiian Department, the night before Maj. Wheeler was killed called the latter into his office and told him that the crashes of airplanes must stop; that he was going to hold him responsible for the crashes and he and his men responsible for the money lost in the planes damaged."
   
When Col. Morland renewed his objection, Col. Winship, the law member, reminded him that the evidence being presented was directed to the truth or falsity of the statement of Col. Mitchell. He said that the judge advocate several days ago asserted that he would not object to evidence showing the truth of the statement in so far as they went toward extenuation and mitigation of the offense. The judge advocate said that that statement was correct. But he renewed his objection, because it referred to a conversation between the witness and a deceased officer, and was not competent.
   
Col. Winship asked if the statement was made before the flight, when Mr. Reid rose to his feet and said: "Yes, 20 minutes before the flight. He is the only person who could testify."
   
The objection was overruled and the witness was directed to answer.

Recalls Conversation.
   
Then, following questioning by defense counsel, Capt. Oldys said that on the day of the fatal crash he walked from the department headquarters to the hangars to get out the flying equipment. Maj. Wheeler told him, he testified, that he had been called on the carpet by the chief of staff of the Hawaiian Department to explain why he was having so many forced landings with the DH-4 planes. The chief of staff, Maj. Wheeler told Capt. Oldys, the latter said, had "bawled him out" and informed him that in the future he would hold him responsible as group commander and subject him to disciplinary action if he did not materially reduce the number of crashes. 
   
The chief of staff also informed Maj. Wheeler, according to the latter's statement to Capt. Oldys, that he would take steps to hold the pilots responsible for forced landings and financially responsible for all damage to planes.
   
Maj. Wheeler, in his walk from the conference with the chief of staff to the hangars, urged Capt. Oldys, the latter told the court, to use all efforts to locate the troubel they were having with the Liberty motors. Maj. Wheeler further said that he could not account for the trouble and it worried him considerably.

Affected by Reprimand.
   
Maj. Wheeler was visibly affected by the "bawling out," Capt. Oldys said, and 20 minutes later, when he took off, his motor stopped 200 feet over the field. The witness then told the court that despite the fact that Maj. Wheeler had always admonished his pilots, when in trouble, to proceed straight ahead and save themselves, when his motor quit, he attempted to turn back in order to save the plane. He fell into a spin, crashed to the ground, and when Capt. Oldys reached the scene, 45 seconds later, Maj. Wheeler had his sergeant observer had been burned up.
   
Asked who was in command of the Hawaiian department at this time, he replied: "Maj. Gen. Summerall."

Then the witness was asked if there was any air force on the Pacific Coast at this time. Replying in the negative, he was asked if any recommendations had been made to the War Department whether an air force should be sent to the Pacific Coast and by whom. 
   
"The chief of Air Service has recommended on several occasions," he answered, "that the 3d Attack Group, now at Kelley Field, Tex., should be transferred to the West Coast."
   
"What was done with that recommendation?"" asked Mr. Reid.
   
"Disapproved," answered the witness.
   
"Any reasons given?"
   
"I would have to refer to the records for that."
   
He was told to supply the records.  

Maneuvers in Hawaii.
   
He then was asked if any recommendations had ever been made regarding the dispatch of an air force for maneuvers in the Hawaiian department. He said that he had recommended to the officer in charge of the war planning division of the general staff that the Air Service be authorized to send the air force that it now has in this country to Hawaii to participate in the maneuvers, in order that the Air Service might be able to indicate what a small concentration of air force could do.
   
The recommendation was not carried out. He said that the Air Service was not allowed to increase its force during the joint Army Navy maneuvers last Summer, but that the Navy and Army had agreed that the garrison of the Hawaiian air defense was not to be increased. But the Navy, he testified, had increased its force three times.
   
"Did Gen. Patrick ever recommend a separate air service?" asked Mr. Reid. 
   
"Yes," replied the witness.
   
"Any action on that?" Mr. Reid continued.
   
"The recommendation of September 19, 1924, has not been replied to yet."
   
The witness then was turned over to the prosecution for cross-examination, which consisted only of a few questions and answers as to the witness' period of service duty. Then the court took the witness in charge. Gen. Howze asked him if Maj. Wheeler and Col. Chamberlain were living and he replied that both were dead. He was asked what steps were taken by the Hawaiian department to investivate the death of Maj. Wheeler and he replied that the usual steps of appointing a board of investigation had been taken. 

Investigation of Death.
   
Asked by President Howze what the finding was, he said the board found that Maj. Wheeler met his death in attempting to turn back. He said that the board also found Maj. Wheeler met his death in line of duty. He then was asked if the board held Col. Chamberlain responsible for the death of Maj. Wheeler and he said he remembered that the board did not.
   
Taking up his direct testimony that there was no air force on the west coast, he was asked if Rockwell Field had been abandoned. He replied in the negative, but said that it was only a depot and that only enough men were kept there to test planes; he said that there was no tactical unit there.
   
The witness said that it was within the realm of reason that the commanding general of the Texas Department took into consideration the broader situation when he did not transfer the third attack group to the Pacific Coast. But he also said that the chief of the Air Service did take it into consideration when he made recommendations. In answer to questions from Gen. McCoy, the witness said that the Navy forces maintained an air base at San Diego to operate in connection with the fleet.

No Efforts to Get Funds.
   
"Have any efforts been made to get funds from Congress to carry out the recommendations of the Lassiter board?" asked Maj. Gen. Graves, who took up the witness at this point.
   
"No efforts were made to get funds," was his reply.
   
"As a matter of fact," continued Maj. Gen. Graves, "no funds have been provided to carry out the recommendations of this board, have they?"
   
"No funds were asked," replied the witness. 
   
"Any accommodations for an air squadron on the Pacific Coast?" asked Gen. Graves.
   
"Yes."
   
Gen. Howze then asked the witness what were his relations with the general staff, and he replied that he could confer with the General Staff at any time, and in doing so he represents the chief of the Air Service.
   
"Do you think the general staff should carry out all your recommendations relating to the Air Service," asked the president of the court.
   
"As the general staff is at present constituted, I do, sir," firmly replied the witness.
   
"Do you think that the general staff should concentrate on the Air Service?"
   
"No, sir."
   
Gen. Booth then asked the witness several questions as to his study of strategy, tactics and logistics and his study of war plans in general.
   
"How would you organize the general staff, then?" asked Gen. Booth.
   
After several minuted of thinking, the witness replied: "As recommended by Gen. Mitchell."
   
"Any further questions?" interrupted Gen. Howze, president of the court, thus terminating questioning. 
   
The witness was excused at this point and the court took a recess for 5 minutes.

Maj. Arnold Testifies.
   
Maj. Arnold followed Capt. Oldys for the purpose, Representative Reid said, of proving that high-ranking Army and Navy officers gave false information to committees of Congress when the correct data were available. Maj. Arnold, with 14 years of active flying service to his credit, and one of the pioneer air men, is chief of the information division of the Army Air Service, and his duties are secure, reproduce and disseminate all data on aeronautics. His testimony begun with a recitation of deaths from airplane accidents in 1924 and 1925, which he gave as 38 and 45 respectively. He told of the death of a score of Army avaitors giving details of the accidents, as listed in the records of the Air Service. The fatalities since January 1, 1919 until June 30, 1925, were given as follows: Army, 331, Navy 150; Post Office Department, 36. Col. Moreland objected to the Navy figures on the ground that Maj. Arnold was incompetent to give them, but when he explained they had been furnished him and when Representative Reid declared he had been unable to get the latest information from the Navy, Col. Moreland, withdrew.
   
Maj. Arnold then was asked for 
Information on the organization of the English, French, Swedish and Italian Air Services. Col. Moreland declared such information possibly was confidential and Maj. Arnold said it had been submitted in military attache reports, but since had been given to the President's Air Board, the Lambert committee and the House military committee. His answers, therefore were allowed to stand, and he said Sweden in a short time would have a united air service.

Col. Moreland then moved to strike out the testimony, declaring it to be immaterial, and Representative Reid jumped up, exclaiming that "Army and Navy officers gave falso information to Congress when they had this information available."

"It is a question whether we are to consider if a nation is to have a separate air force," said Col. Moreland, and Col. Winship declared the testimony was in connection with the charges and sufficient.

Other Nations Have Plan.

Maj. Arnold From his records said the British have a united air service, the Italian organization is along the same lines, and the French have consolidated their supply procurement and experimentation in aviation under one head.
"From your records is it a tendency of foreign nations to organize separate air services?" asked Mr. Reid.
"Yes."
"Admiral Jones (chairman of the Navy general board) in a hearing before the military affairs committee said the French have not go it (meaning united air force), and the only nation that has put it into effect is Great Britain."
The records show, Mr. Reid said, turning to the court, that other nations have the separate air force. 
Defense counsel also drew from Maj. Arnold's records contradiction of testimony given before a congressional committee by Admiral Strauss that 114 flights across the Agamemnon, a British battleship, failed to develop a single hit by airplane bombs. Maj. Arnold, according to his information, said only 11 flights were made over the ship by land planes with old war-time bomb sights.
"Have you a chart showing the military intelligence organization of the War Department?" asked Mr. Reid, and when the witness produced it, Mr. Reid said, "Show it to Col. Moreland. There's nothing confidential about that."
The trial judge advocate began to scrutinize itm and President Howze said, "Glance over it, colonel, and say you have no objections."
"Does the War Department maintain a propaganda section?" asked Representative Reid.
"Yes," replied the witness.
"What are it's duties?"
"To establish liaison between the War Department and the press, to maintain wartime censorship and propaganda and maintain a clipping bureau. There are four Regular Army officers on duty there and five civilian employes [[employees]]."
"Who controls military aviation?"
"The general staff."
"How do you know?"
"By the instructions we get."
"Are any members trained in Air Service duty?"
"Two, Maj. Brandt and Maj. Harmon."
"Was your office permitted to give information on the anti-aircraft experiment at Camp Tilden, N.Y., in 1925?"
"No."
"Have you any correspondence on that subject?"
"I have a copy of a letter here from the adjutant general of the Army to commanding officer of the Second Corps Area. Paragraph five says that by order of the Secretary of War publicity on these tests should be avoided. The commanding officer was permitted to give out publicity by the adjutant general later in an order revoking the previous instructions."
"Did the chief of Air Service receive such a letter?"
"If so, I have't [[Haven't]] seen a copy of it."

Compares Services.

Representative Reid then asked Maj. Arnold to tell by his records the personnel strength of foreign nations. The witness replied that England his twice the combined Army and Navy personnel, France a little more than twice, and Italy a little less.
"What course does your publicity take after it leaves your office?" continued Representative Reid.
"It all foes to the press relations section of the general staff."
"Is it sent out from there to the newspapers without change or addition?"
"Some of it is. Other of it is not."
"IS there any case where you turned out matter that hasn't been issued by this section?"
"No, because we don't send that kind up, as it won't get through."

Statement of Drum.

"A statement was made before the House Military Affairs committee by Gen. Drum that the United States is as well off in aviation personnel and compares most favorably with others foreign nations. Do your records show this/"
"No."
Representative Reid finished the examination of the witness here, and Col. Moreland began cross-examination.
"Is it your desire to have understood that Gen, Drum's statements are inaccurate?" asked Col. Moreland. 
"He gives the impression out air service compares favorably with other nations and I mean to say it does not."
"That is your opinion?"
"It will have to be accepted as more than an opinion."
"Then you state positively?"
"Yes, from figures and knowledge obtained in my 14 years in the air service."
"Do you take into consideration the relative geographical position of these nations?"
"Yes."

Difference in Positions.

"Then the United States must have as many airships and personnel as England, or France, despite the fact there is 3,000 miles of salt water between us and a great foreign power, while France is hemmed in by other nations."
"Time and distance are annihilated in a few hours by airplanes. They have crossed the Atlantic Ocean." 
"Were they fighting ships?"
"Yes, as I interpret it."
"Did they have a war load?"
"No. Sir."