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REBUTTAL STARTS IN MITCHELL CASE AS DEFENSE RESTS
Nash Star - 11/25/25.

Colonel's Counsel Convinced That Evidence Has Vindicated Officer.

PROSECUTION COUNSEL TO CALL 100 WITNESSES

Court Refuses Plea for Recess Until Monday, Urges Speedy Closing of Trial.

Satisfied that Col. William Mitchell has completely vindicated himself of the charges for which he is being tried by extraordinary court-martial, the defense this afternoon rested its case and the War Department immediately launched its rebuttal, disclosing at the same time its intention of calling approximately 100 witnesses.

The suggestion of counsel for both sides that the court adjourn until Monday before starting to hear the rebuttal was rejected by the court after an executive conference. The jury of generals agreed to recess over Thanksgiving day, however, and announced at the close of Friday's session the court would adjourn until Monday.

Anxious to End Case.

"We are extremely anxious that this trial should be facilitated as much as possible," Maj. Gen. Howze, president of the court explained.

Having taken exactly a month for the presentation of its case to the court, the defense through Representative Frank R. Reid, Mitchell's chief counsel, announced that it was through, with the exception of the possible presentation of several minor bits of documentary evidence. The prosecution agreed to allow the defense to submit this evidence later on and announced that in the meantime it would go ahead with its rebuttal.

Col. Joseph I. McMullen, assistant trial judge advocate, initiated the long drive of the prosecution by reading to the court what he termed the history surrounding ;the formation of the so-called Lassiter Air Board and the inauguration of the bombing tests by the Navy.

No Witnesses Today.

It was evident that none of the witnesses lined up by the prosecution would be put on the stand this afternoon.

Since Maj. Allen Gullion, one of the assistant prosecutors, let it be known that about 50 witnesses from each military branch of the Government would probably be called to refute testimony given by the long array of defense witnesses, it was indicated that the prosecution might consume a longer period in presenting its rebuttal than the defense did in offering its side of the case.

Col. Mitchell asked the War Department for permission to accompany Mrs. Mitchell to Detroit this week end, so that he could see his infant daughter, whom he has not seen for two months. The request was returned marked "disapproved" by order of Brig. Gen. S. D.  Rockenbach, commanding this military district.

Before the smallest audience of spectators that has assembled since the trial began, Col. Herbert A. White, military counsel for the accused, spent most of the morning disposing of odds and ends of stipulated evidence assembled from the records of the War and Navy Departments in substantiation of various charges made by the defendant in his famous San Antonio statement.

Navy Records Given.

The last of the records subpoenad from the Secretary of War were read into the records when the court convened this morning, and the defense then began the presentation of records subpoenaed from the Secretary of the Navy.

The only high light that had developed this morning was an admission obtained by Col. White from the prosecution that calcium chloride used as a non-freezing solution in the water ballast of the Shenandoah possessed chlorine and "strength destroying properties on duralumin," a metal used in the construction of the framework of rigid dirigibles.

In his public statement of September 5 Col. Mitchell had declared it possible that the fatal crash of the Shenandoah might have been partially attributable to the disintegration of some of the ship's structural members from the action of the non-freezing compound dropped on them.

Denies Structure Hurt.

Maj. Allen J. Gullion, assigned by the General Staff of the Army to a leading part in the prosecution of Col. Mitchell, told the court he would not deny that calcium chloride possessed the destructive properties mentioned, but declared the prosecution stood ready to show that this solution did not affect the strength of the Shenandoah's structure because of her peculiar girder fabrication.

Among Army records read before the court this morning were various reports on bombing tests conducted in Chesapeake Bay in September, 1921; an estimate that the anti-aircraft tests of last Summer totaled in cost approximately $256,602, a computation by the War Department that during the 10 years prior to 1920, more than $3,604,000,000 was expended for ordnance supplies, etc.

The anti-aircraft costs ere cited by the defense in support of Col. Mitchell's contention that large sums of money were being spent by the Government on anti-aircraft guns which were useless, while aviation was permitted to suffer. The ordnance expenditures were quoted in general support of Mitchell's statement that $2,000,000,000 had been spent on coast defenses during the 10 years prior to 1920. Col. White admitted to the court that the figures offered by the War Department covered expenditures made during the war and that, therefore, they must be taken for what they are worth.

Col. White then began the introduction of numerous Navy documents embracing a wide range of subjects. He read an order covering arrangements for the Hawaiian flight, a list of flights made by the Shenandoah, reasons given in the Shenandoah orders for the expeditions cited and official reports covering the corrosive calcium chloride.

The Shenandoah's record showed that the various lights of that ship were made with the "incidental" intention of giving cities an opportunity to view the dirigible. This point was stressed each time by defense counsel.

The entire correspondence between officials of the Navy Department and E. F. McDonald of the Zenith Radio Corporation, Chicago, who was radio officer of the MacMillan Arctic expedition, also was introduced into the records by Col. White.

The correspondence, the high points of which were made public last Summer, was climaxed with an order by Secretary Wilbur that unless the battleship Florida's "spark set" was taken along on the expedition, the Navy would withdraw its claims. As a result, the destroyer Putnam was rushed to Sydney, New Zealand, and the set was taken aboard the Terry, although, to accommodate its weight and bulk, 150 gallons of aviation gasoline had to be sacrificed.

On conclusion of the reading, Maj. Gullion asked if Mr. Reid intended this to  be introduced in the records as his evidence, and the chief defense counsel replied, "I want a five-minute recess." The request was granted and the question went unanswered.

[[image]]
SPECTATORS AT THE MITCHELL TRIAL. Left to right: Mrs. E. T. Stotesbury of Philadelphia, mother of Mrs. Douglas MacArthur; Maj. Gen. MacArthur and Miss Dorothy Yates, daughter of former Representative Yates of Illinois. Photograph snapped as they left the courtroom yesterday afternoon. Mrs. MacArthur at left in background.
Phot by Miller Service.
[[/image]]

MITCHELL WITNESS MENACED

Flier Warned To Renounce Testimony

Lieut. Sheridan, Who Testified of Bad Naval Aviation, Says Stranger Threatened Him

CAPT. CLARKE IS INCLUDED

Col. Mitchell Will Take Witness Stand Today in Own Defense; May Be on Again Tomorrow 
By WILLIAM J. McEVOY

One of Col. William Mitchell's witnesses has been threatened with physical violence, poverty and disgrace, if he does not repudiate testimony given before the Mitchell court-martial.

The witness is Lieut. H. W. Sheridan, air service observer on the carrier Langley during the Hawaiian maneuvers.

Sheridan, testifying at the Army trial, bitterly condemned naval aviation operations during the maneuvers and stood his ground under fierce cross-examination by the prosecution.

"Mysterious Stranger"

Sheridan says he was confronted Saturday night in a local hotel by a "mysterious stranger who disclaimed being a Navy man, but who was surprised later into an admission that he had been connected with the Navy for years."

"This man told me," Sheridan said, "that I was threatened with disgrace, poverty and physical harm if I did not lie in favor of the Navy. He told me that Capt. Clark, another Mitchell witness, was in the same boat."

Could Identify Him

Sheridan says he is sorry he didn't have the man arrested, but says he could easily identify him.

"I want it clearly understood," Sheridan said, "that I would hesitated a long time before I would believe that this person was the official spokesman for high naval persons."

Col. Mitchell will take the stand in his own defense today. He may be on the entire day and part of tomorrow.

The air critic's testimony will cover all his previous charges.