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SUMMERALL LET DANGEROUS TEST GO ON, SAYS HALE 
[[Handwritten]] Mark Star 11/17/25
Refused to “Bother Department,” Officer Testifies at Mitchell Trial 
DECLARES HE PROTESTED AGAINST RISK IN SCHEME 
Two Planes Came Near Colliding During                     
           Maneuvers at Night.
                He Asserts.

Because he “did not want to bother the War Department about the matter,” Maj. Gen. Charles P. Summerall, former member of the Mitchell court-martial, ordered certain night flying tests carried out at Camp Dix as pre-arranged, despite protests of air officers that unwarranted hazards were involved, it was testified this afternoon at the trial of Col. William Mitchell.

The statement was given the court by Capt. Willis Hale of Langley Field, Va., an official observer of the test, which took place last July.

Capt. Hale testified that instructions had been given by the War Department that during the tests the flyers should fly in formations of two planes each, one plane being a De Haviland and the other a Martin bomber. He said that he protested to Gen. Summerall that because of the difference in speed of the two types of planes it would be extremely dangerous to carry out this plan. Gen. Summerall, he said, then suggested that only De Havilands be used, equalizing the speed, but Capt. Hale said he still contended that such a formation at night would be hazardous.

                Refused to Ask Change.
"Gen. Summerall said that there had already been too many requests sent to the War Department for changes in the instructions and that he wouldn't consent to any further deviations. He said we would have to fly as outlined," the witness declared.

During the tests, he stated, two planes came near colliding, due to their close formation.

Col. Mitchell's charge that Army flyers are being used as pawns and are subjected to unnecessary hazards by failure of the War Department to provide properly for their safety was directly upheld as "apparently true" by Lieut. Donald G. Duke, chief of the Airways section of the Army Air service, who testified today at the resumption of the trial.

Under rigid cross-examination by Maj. Francis B. Wilby of the general staff, who took the prosecution out of the hands of Col. Sherman Moreland, trial judge advocate, the witness said that "it would appear that come of the flyers are being used as pawns" by higher-ups in the department.

When the new assistant judge advocate from Gen. Hugh Drum's office sought to have the witness place the blame for this condition on the chief of the Army Air Service, "a flying officer," Lieut. Duke refused to concede the point, declaring that his chief "often has to carry out orders of his superiors."

Describes Hazards
Lieut. Duke described on first taking the stand, hazards to which the flyers are subjected on the airways, especially between Washington and Moundsville, W. Va., due to lack of adequate weather forecasts.

The witness told of unsuccessful efforts, made over a period of four years, to have the War Department establish meteorological stations at a number of points along the airways, and he asserted that the absence of suitable weather data had endangered the lives of the pilots and threatened destruction to valuable Government property. 

The witness testified that the chief of the Air Service at times had had his official duties proscribed by the War Department in connection with certain matters that have arisen, and that the duties "thus imposed by the Secretary of War" were outside the realm of the official regulations governing the air chief's office. 

Reed Landis Testifies.

Reed G. Landis, son of the base ball commissioner and one of America's outstanding aces in the World War, followed Lieut. Duke on the stand. He testified that during the 154 hours he flew over the enemy lines in France anti-aircraft fire never interfered with his performance of his mission.

He said he saw only one plane destroyed by anti-aircraft guns and that was on the last day of the war. Mr Landis was a Major during the war but has resigned. His testimony was in further corroboration of Col. Mitchell's charges that anti-aircraft fire is ineffective. 

Old Issue Revived.

The moot question as to how the court should consider the defense evidence, namely, in the light of extenuation and mitigation as held by the prosecution, or as complete defense, as contended by the defense, popped up again when the trial was resumed this morning. Col. Winship, for the court, pointed out that the court is "very anxious" to have this question decided as soon as possible. He said that it had been expected that the matter would be settled when the introduction of the defense testimony first began. As the trial proceeded, with no agreement being reached, the court has continued to wonder just how to ake the testimony, Col. Winship explained.

"The court has just asked me again about the propriety of continuing to take this testimony until it is properly decided as to whether it is for extenuation and mitigation or for complete defense," the law member announced. "The court thinks that the problem should be settled today or tomorrow and not at the end of the trial."

Decision Deferred. 

Mr. Reid replied that he thought the question could be appropriately determined when the prosecution begins its rebuttal, and Col. Winship said that if there was no misapprehension at this time on the part of counsel, the court was willing to wait until that time. Col. Moreland of the prosecution told the court he was inclined to think the matter could be postponed, but if the court thought that settlement of the controversy would be a benefit to it in determining its decision, the prosecution was ready to argue the question immediately. 

Gen. Howze then called the court into executive session, after which it was announced that the trial would proceed as usual.

Lieut. Duke was the first witness put on the stand today. He went into detail regarding the operation of the model airways, and told of hazardous flying conditions in the mountains near Cumberland and on to Uniontown. He said there were not meteorological stations in this mountainous section to provide the flyers with up-to-date data regarding the peculiar weather conditions. He said that there should be some sort of meteorological facilities at Cumberland and Uniontown. Asked by Mr. Reid if any action had been taken with a view to getting weather stations at these points, the witness said that the air service had requested that meteorological stations be established at a number of places, and on the insistence of the prosecution voluminous records were produced in this connection.

Correspondence Read.

The witness was taken into a lengthy discussion of unsuccessful efforts made by the Army Air Service to obtain a radio station at Muskogee, Okla., for the dissemination of meteorological data. Correspondence between the chief of the Signal Corps and the adjutant general of the Army concerning the proposed establishment of this radio station was read into the record. It showed that despite the urgent request of the Air Service.

which pointed out that the radio facilities were considered as urgent and of "emergency importance" to protect airmen's lives, the adjutant general disapproved the project on the ground that funds were not available to provide subsistence and quarters of the additional enlisted men involved. Other letters and reinforcements between Air Service officers were read to show that most of the cost of the project was being borne by the Chamber of Commerce of Muskogee and that very little expense devolved upon the Government. 

The witness was called upon to read this letter, whereupon the prosecution protested that it was "time for this court to shut out this sort of subsequent stuff," pointing out that this letter had been sent after Col. Mitchel had made the statements for which he is now being tried. Col. Moreland declared that too much leeway was being given the accused in the presentation of such testimony.

Question is Dropped.

Mr. Reid replied that he merely wanted dot complete the records showing the action of the War Department in regard to the Muskogee situation best said that if the prosecution was will to stipulate that nothing was done he would be willing to leave out the records. Col. Moreland repeated his objection, so Mr. Reid said: "Oh, all right, if he doesn't care to show what the War Department did we are willing to let the matter rest."
Lieut. Duke read into the record original official correspondence between the chief of Air Service. the chief signal officer and the adjutant general regarding the establishment [[of]] radio stations at points along the model airway and the assignment of enlisted men trained in meteorology to those points. Requests for a [[signal]] corps of enlisted men to be detailed to Uniontown Pa., to give accurate weather forecasts in the [[mountainous]] regions were approved finally, but the witness said no action was taken because funds were not available.

Moreland Fights Point. 

An effort by Mr. Reid to get the witness to recount the story of 48 planes being scattered between here and Moundsville, October 16, due to poor advanced weather information, was objected to by Col. Moreland, who declared this incident occurred subsequent to the date Col. Mitchell mad the statements for which he is being tried. Mr. Reid replied that Col. Mitchell used the words "lives of airmen are being used merely as pawns" and it was the desire of the defense to prove [[this]] statement by actual happenings. Col. Moreland in reply declared the words "are being" do not cover all future happenings. "We have given the defense a wide field in which [[to]] present its case," he began, when Mr. Reid interrupted, saying, "I object to his making a speech and what he has given us. He hasn't given us anything." "W have given many things that could have been objects to under the law." answered the trial judge advocate. "But I do not believe in continuing to grant favors. We insist this field of testimony be limited. We cannot sit here month after month and listen to what is happening at the present time. We can read about the day's events in the newspapers or see them in the moving picture theaters. I insist that the happening of the present were not known to the accused at the time he made his utterances and I request incidents subsequent to that time be lopped off, so that the court's time won't be taken up with immaterial, irrelevant and incompetent matters."

Reid is Questioned.

Col. Winship, The law member, declared Mr. Reid. "We consider this evidence to be competent. The lack of meteorological information, and which has been withheld, has cause the death of men and loss of equipment. The live and planes lost October 16, when 48 planes started out from Bolling Field, Were due to the War Department's refusal to grant $1.95 a day for enlisted men at Cumberland and Uniontown. We don't need any law book for that. It makes no difference what time it happened, before or after the statements." Col. Moreland said the other day he read from a Supreme Court decision that the only thing an accused can urge in justification are the facts he knew at the time he committed the offense or, in the present case at the time Col. Mitchell issued his statements. 

Quotes Col. Mitchell.

"Not only that," dramatically declared Col. Moreland, "the accused is not entitled to it anyway, for in the very first paragraph of the charges he made to destroy the Army and Navy, he said, 'I have been asked' in the last few says to give opinion on the disasters to naval aircraft. "He further states his statement is given out of publicly, 'since the terrible accidents.' He did it because the people all over the country asked him and he accommodated them. I urge that the court do not receive this class of evidence." Representative Reid then withdrew the question which caused the verbal battle and got the witness to tell the court that many times in the past two years he had left Bolling Field in good weather and knew it also was favorable at Dayton, Ohio, but that in the mountains he has encountered snow, rain and fog, and had either been forced down or had to return home.

Station Held Vital.

"If there were stations at Cumberland or Uniontown it would save us the time of going out to find what the weather is in the mountains and therefore, save lives and Government property," declared the witness. Furthermore, He explained the existence of radio stations at these points would enable those on the ground to call down a plane in flight be means of ground signals.

Officers Describe
Flyers' Hazards

Witnesses Support Mitchell's Charge that Airmen are Made "Pawns."
[[Hand-written]] Mark Star 11/18/25
Witnesses Brough in to add further support to Col. Mitchell's charges that the lives of airmen are being used as pawns by non-flying authorities in War Department Featured the session of the Mitchell court-martial yesterday afternoon. Lieut. Victor E. Bertrandis, chief inspector of experimental contracts at McCook Field: Capt. Willis Hale of Langley Field: and Maj. H. M. Hickam of the tactical school at Langley Field, gave testimony designed to prove Mitchell's assertions that flyers are being subjected to unnecessary hazards. 

Unsuitable Planes on Arctic Trip.
Lieut. Bertrandis testified that the planes used by the Navy for the MacMillan expedition to the Artic were not designed for such work and had not been properly tested out before being sent north. He also said that storage of planes seriously affected their safety factor, in line with Col. Mitchell's claim that the racers in which Capt. Burt E. Skeel and Lieut. Alexander Pearson lost their lives, has deteriorated in storage. Capt Hale told of the night-flying tests at Camp Dix last July, during which, he said, the flyers were subjected to unnecessary risks by the refusal of Maj. Gen. Charles P. Summerall to ask the War Department to change the plans. the witness said the only excuse Gen. Summerall made was that he had already asked the War Department to make some changes, and he wasn't going to ask for more.

Method Disapproved.

Major Hickam expressed disapproval of the method of alloting Air Service personnel, and was prevented from testifying regarding an instance he knew of where a Navy flyer was killed through "ignorance of a non-flying commander." Representative Frank R. Reid, chief counsel for the defense, accused the prosecution of unfair tactics on one occasion. He said the burden of proof had been put on the defense instead of on the prosecution, and that all the rules applying to courts-martial have been turned "topsy-turvy." When Col. Blanton Winship, law member of the court, explained the liberal position of the court, Mr. Reid replied he had only commendation to offer the court.  


 

Transcription Notes:
Moreland fights point section damaged. Names where filled in by using the same names mentioned earlier in context.