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MITCHELL TO TAKE STAND ON MONDAY ---- Court-Martial Expected to Reach Vivid Climax in Colonel's testimony. ---- A week end recess in the court-martial trial of Col. William Mitchell gave the accused and the War Department a chance to marshal their forces for a final drive by the defense Monday, when Col. Mitchell will take the stand in his own behalf. With the defense almost ready to rest its case, the lengthy proceedings are nearing a climax. counsel for both sides today were ironing out a number of kinks in the stipulated evidence, preparatory to completing the written testimony offered by the defense. The session yesterday came to an exciting and dramatic close after a day of unusual quiet. the excitement was furnished by Maj. Allen Gullion an aggressive addition to the array of military prosecutors lined up by the Army general staff, and by a youthful Air Service witness for Col. Mitchell, Lieut. H. W. Sheridan, official Army observes aboard the aircraft carrier Langley during the Hawaiian maneuvers. Move Causes Turmoil. The incident centered in a blustery attempt nu the prosecution to show the court that Lieut. Sheridan "didn't know what he was talking about" when he testified regarding a near-collision between the Langley and the battleship West Virginia in San Francisco Harbor. The attempt was of cyclonic character, but it met dismal defeat from all hands, including the witnesses and the court. At the height of the turmoil the witness, with face flushed, started from his chair to inquire if the assistant prosecutor had called him a "blackamoor" which in the midst of the stir, which was joined in by the spectators, Maj. Gullion explained profusely that his line of questioning had been misinterpreted. The "line of questioning" was substantially to this effect: Maj. Gullion: "what is the draught of a battleship?" Lieut. Sheridan: "I am told it is about 30 feet." "Do you know the depth of the channel is San Francisco Harbor?" "I can't say I do." "But you were qualified as an expert witness on naval tactics, weren't you?" "Not at all." "Are you a graduate of the Naval War College?" "Certainly not." Refers to Sim's Testimony. "Are you not aware that a witness for the defense has testified that no one is fit for high command in the Navy unless he has graduated from the Naval War College?" (Referring to the statements Thursday of Rear Admiral Sims.) "I hold no high command in the Navy." "Do you think, then, that one who is not capable of command is capable of criticizing the command of others?" "I only know what I saw." "Isn't it a fact that any blackamoor could have seen everything that you saw?" "If it please the court, am I to understand that I am being called a blackamoor?" (Here followed the excitement heretofore referred to featured by extensive apologetic explanations on part of Maj. Gullion, who thereupon repeated the question) "I don't know anything about blackamoors." "Haven't you ever seen diving boys in Naples harbor?" "No, but I have seen them in Hawaii." "Would these diving boys be able to fill 200 pages of a report on the operations of the fleet?" "My experiences with diving [?] have been very limited." Gullion Explains Aim. At this point there was another exchange between counsel over the sort of questions being put to the witness, and Maj. Gullion explained to the court he was "going to test the general education of the witness." Mr. Reid replied that it was all right to test the lieutenant's general education, but suggested that the prosecutor eliminate "such Kentucky phrases" as blackamoors, diving boys, etc., adding that he had the "utmost respect" for the sovereign State of Kentucky, from which Maj. Gullion comes. Maj. Gullin turned to the witness and said: "Do you not known that Kentucky is proud to be a neighbor to Illinois, from which the estimable counsel for the defense comes?" "You should be," snapped the witness. "And that I am proud to oppose so able to native of the State as Mr Reid." "You should be." "Have you ever had any sea service?" "No, except for 12 days." "From that service are you able to tell when a ship is about to be collided with?" "I can see when a ship is about to be collided with without sea service." Witness' Retort Warm. "Do you know that this near-collision between the Langley and the battleship West Virginia was caused by a broken steering gear that disabled the ship temporarily?" "I don't know it, and I don't believe it." "Do you know that all of the vessels to the rear in the line were forced to come to a stop because of the break in the steering apparatus?" "No." "Do you know that the admiral in charge of aircraft, who was on the bridge of the Langley with the captain of the Langley, has several times commended highly the captain of the Langley for preventing an imminent collision when this breakdown occurred?" "No, I don't know that, because there wasn't any admiral on the Langley." "Do you know that the officer in charge of aircraft has several times commended the captain of the Langley for his able seamanship in preventing this collision?" "I have heard that the captain of the Langley was praised, and he deserved to be. He was a good captain." "In your testimony you criticized the Camden for not coming alongside the Langley." "I did nothing of the kind. I merely said that the Camden was ordered to come alongside, and didn't. It was a statement of fact." Says Maneuver Impossible. "Do you not know that the decision of the umpires there was that it was unquestionably an impossible maneuver?" "Everybody knew it was impossible." "You testified that four planes were damaged in landing on the Langley. How many landings did you see?" "About 17." "Ever try to land one yourself?" "No, sir." "Then do you think you are in a position to criticize the Navy pilots?" "I have never criticized the Navy pilots. I think they are fine. They were the best lot of Navy pilots I have ever seen." "Do you not know that all of the damaged planes were in commission the next morning, and that the efficiency of the flying squadron the next day was 100 per cent. "It is unbelievable." Halting abruptly in the cross-examination, Maj. Gullion turned to the court and make a curt motion that all of Lieut. Sheridan's testimony given the day before be stricken from the record, and then sat down. Mr. Reid immediately swung into action. He protected to the court that Maj. Gullion could not have understood the witness' replies, declaring that Lieut. Sheridan had demonstrated that he only knew what he was talking about, but showed that Maj. Gullion didn't know what he was talking about himself. Counsel asserted the witness had not criticized anything, but had merely told the court what he saw. Maj. Gullion arose and said that he didn't think the court needed any explanation of the motion to strike out, but Col. Blanton Winship, law member of the court, thought otherwise. Accordingly, the prosecution contended that Lieut. Sheridan had shown under cross-examination that he was incompetent to testify regarding naval matters. Without deliberation Col. Winship recommended that the prosecution's motion be overruled, and the court adopted the recommendation. The testimony was concluded with one question which Gen. Howze, president of the court, put to the witness. "How old are you?" Gen. Howze asked. "Twenty-eight, sir," the lieutenant replied. "That's all," the court responded. CRISIS IN MITCHELL CASE NEAR AT HAND --[handwritten note]-- Court Soon to Define Stand on Testimony-Colonel to Testify Tomorrow. ---- The Army court-martial trying Col. William Mitchell either tomorrow or Tuesday will arrive at the long-awaited decision as to whether the volumes of testimony given by defense witnesses will be accepted either as actual defense of the accused of in extenuation and mitigation of his case. Twice the court has attempted to strike a balance on the character of the testimony, but each time the question has been delayed. On the last attempt the court took the suggestion of Representative Frank R. Reid, chief civilian defense counsel, that it pass on the question when he rested his case. Col. Mitchell tomorrow morning will take the stand in his own behalf, having spent the greater part of yesterday in final conference with Mr. Reid making preparations for the climax of the startling and striking statements that have been given by defense witnesses. World Flyer to Testify. Capt. Lowell H. Smith, leader of the Army world flight, arrived in Washington yesterday and will follow Col. Mitchell on the stand tomorrow if there is any time left before the usual recess hour. Mr. Reid also said that Chief Petty Officer Collier, a survivor of the Shenandoah disaster, a subpoenaed witness, probably would testify to a conversation he had with Maj. Frank W. Kennedy, the first Army officer to arrive on the scene. Further, it is planned by the defense to call Capt. A. W. Johnson, assistant chief of the Bureau of Aeronautics, to give testimony in connection with the battleship bombing tests. When these witnesses are dispensed with the normal procedure will be for the prosecution to give rebuttal testimony. If the court accepts the testimony. If the court accepts the testimony as absolute defense, them the trial judge advocate must bring in testimony to refute that already given. If the court rules in favor of extenuation or mitigation, the legal battle will be at an end and the court will close to consider the findings. Early Sentence Unlikely. The court then will open, and if the accused is found not guilty the President announces in open court that the accused is acquitted upon all specifications and charges. If the accused is found guilty the trial judge advocate submits previous convictions, if any; invites the attention of the court to any apparent irregularity in the evidence of previous convictions; asks the accused if previous convictions are correct and whether he has any statement to make in explanation or extenuation thereof or in relation thereto; reads statement of service of accused; asks the accused whether statement of service is corrections or statement to make in relation thereto, and then the court closes for sentence. The sentence undoubtedly will be withheld until the findings of the court are passed upon by a board of review of the War Department and submitted to the President.
Transcription Notes:
Hand written note is Wash. Star - 11/22/25
