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MITCHELL REDUCED TO STATUS OF PEON FOR FIVE YEARS BY DECISION OF COURT
Star - 12-15-25
Could Be Made Take Corporal's Orders—Gets No Pay— Resignation Possibility Is Still Moot Question.

SAVED FROM DISMISSAL ONLY BY LONG RECORD

Verdict Reached in Short Time, After Defense Refuses to Go on With Case—Fight Has Just Begun, Reid Statement Says—Coolidge Must O. K. Sentence.

The Army general court-martial, in finding Col. William Mitchell guilty of the charges and specifications for which he has been on trial since October 28, last night meted out punishment of such severity as to place the air crusader in virtual peonage and bondage for the next five years, if followed to the letter.
 The sentence—suspension from rank, command and duty, with forfeiture of pay and allowances for five years—was pronounced by Army authorities today as the most unusual in the annals of military courts-martial, just as the case itself was unique. Dishonorable discharge from the service had been asked by the prosecution and dismissal had been expected. This would have permitted the fighting airman to go out among the people as one of them and preach his doctrine without fear of hindrance or delay.

  Record Brings "Leniency."
Instead, the jury of generals determined that the accused officer was not entitled to the maximum penalty—dismissal—because of his military record during the war and the 27 years he has been a soldier of the United States. The court explained its decision was "lenient" because if this and therefore toned down the punishment. In the end the officer is given the opportunity of being honorably retired from the rolls of the service.
 The effect of the punishment as recommended by the court was not entirely clear today. This much, however, was pronounced certain by officers experienced in military law: For the next five years Col. Mitchell is a "colonel" in name only; he has no power of rank, no privileges, no authority and must submit himself to military orders and procedure and assignments for which he receives no compensation either in salary or allowances. He must walk in the rear of a lieutenant; a corporal could give him orders, and he must perform any task assigned him by anybody with authority. He may or may not be able to wear his insignia, but if he does it is meaningless to the Army. He will be assigned to some corps area to a type of duty which will be determined later.

May Not Be Allowed To Quit.
The logical method of escape from the full force of the sentence is a moot question. An officer of the Army is never denied the right to resign in times of peace, unless under punishment, and with this provision apparent, any pleas to be severed from the military could be denied with authority. Furthermore, although convicted and under sentence for violating the ninety-sixth article of war, which was "conduct prejudicial to good order and military discipline," insubordination and conduct to bring discredit upon the War and Navy Departments, the aviator constantly is open to further trial and punishment in the event such actions as provoked the trial are re eated.  

"It amounts to nothing short of peonage," declared one officer today whose knowledge of military discipline and punishment is regarded as authoritative.
The unanswerable question in connection with the court-martial verdict and sentence concerns the probability of Col. Mitchell's retirement.
Under the law he is eligible for retirement in about two and one-half years, which will complete 30 years' service. It is doubtful if the judges took this into consideration when passing sentence, and, therefore, the belief has arisen in many quarters that the duration of the punishment may be shortened to terminate at the retirement limit.
While speculation was running high on the effect of the sentence, Representative Frank R. Reid, of Illinois, chief counsel for Col. Mitchell, issued a statement today, charging the trial was the latest step taken by the general staff "in their efforts to 'get' Mitchell" and that he will "continue to fight" for the defense of the country.
Mr. Reid also declared that the letter which Secretary of War Weeks wrote to the President on the non-reappointment of Gen. Mitchell as assistant chief of the Air Service was "desired by the general staff and is misleading from beginning to end."

Says Officials Were Misled.
"The President and Secretary of War," continued Mr. Reid, "have been misled and deceived by the general staff both as to Col. Mitchell's testimony before the congressional committees and the number of airplanes available for use in case of war. That his statements were absolutely correct has been substantiated many times since by witnesses testifying cancerning the Air Service."
Years ago, Mr. Reid said, Col. Mitchell was warned that if he did not cease his efforts in behalf of an adequate air force "he would be forced out of the service."
"The country has learned from this trial that it needs an adequate air force for its defense," continued Mr. Reid, "and that for years the general staff has been spending the public's money and exerting every effort to keep from the people the truth of the value of air power in national defense. They have forced themselves upon committees of Congress in an attempt to influence them and have flooded the country far and wide with propaganda to prevent legislation."

Sees Trial Aim Withheld.
"The general staff grabbed at the long-sought opportunity of prosecuting Mitchell in terror of the new step which the advancing truth was about to take. This everybody now knows. If he was tried it was because they wished it, not because he did anything to the prejudice of good order and military discipline. It is they alone who made the President and the Secretary of War their tools."
"The general staff had Col. Mitchell brought to Washington so they could set in motion their machinery for his court-martial here, far from the scenes of the alleged defense * * * Ordinary military procedure was not followed and the court was convened in order to 'get' Mitchell and get him quick. During the entire trial it was apparent the prosecution was being conducted by the general staff of the Army and Navy.
Their own members appeared at the trial judge advocate's table in violation of every precedent and the whole weight of the powerful general staff was thrown against us.

Assails General Staff.
"We have had to fight step by step against the powerful influences arrayed against us. It is the general staff and the general staff alone that has instigated and conducted this prosecution, and the general staff only that will benefit from the verdict of guilty.
"The people have learned from this trial that America has no adequate air force and no prospect of getting one, although it is eight years since the war. No step taken by the War Department to remedy the conditions called deplorable by the Lassiter Board, although that board's report was approved more than two years ago.
"Col. Mitchell was demoted," Mr Reid continued, "because he gave truthful testimony before the Lampert and other committees of Congress, given under oath and sought by those committees. He was required, after he had testified, to substantiate his statements to the Secretary of War, which he did in writing, although it was a proceeding which, under the opinion of the greatest parliamentarians, is an affront of no small proportions to the House of Representatives of the Congress of the United States. This was the forerunner to his court-martial.

Says Proof Given.
In substantiation to the Secretary of War, he gave him truth in abundance, which evidently was not considered by the Secretary, or he would never have signed the letter to the President.

"Col. Mitchell has fought side by side with the members of the court in defense of our country. He is still fighting for the defense of its great future. He will continue to fight for it.
"Is it not the act of a good soldier and citizen to give alarm so that the blunders which have been the cause of the deplorable conditions in our Air Services shall not continue and lead us to disaster and imperil the honor of our Nation?
"The general staff sought by punishing him to stop the campaign for an adequate national defense for America. In this they were mistaken. The fight has only begun."

Coolidge Must Act.
Meanwhile, it was generally agreed today that the case is by no means settled, as far as the Government is concerned, and will not be disposed of  by President Coolidge. The findings of the court now are before the War Department and will be studied by the board of review. The board as now constitute is composed of Cols. William Taylor, E. C. Abbott and L. L. Korn. This organization is concerned only with the legal end of the trial and in the past if it were clearly established that the accused did not have a fair trial, it could recommend a new trial or throw out the findings. However, under the Thirty-seventh Article of War, the board is given much latitude and any action other than approval of the court's decision is forecast as unlikely. From the reviewing board the findings will go to the judge advocate general, thence to the Secretary of War, who will transmit it to the President. The sentence, if approved, will not become effective until Executive has finally passed upon it.
In the meantime Col. Mitchell will remain either in Washington or at his estate near Middleburg, Va.
The trial was brought to a sudden close yesterday by the refusal of Col. Mitchell to proceed in the case any longer. Had the defense presented its summing-up arguments, in all probability the hour for the court to decide the matter would have arrived some time today. Col. Sherman Moreland, the trial judge advocate, delivered the "reply" yesterday afternoon and it was only after the demand from Maj. Gen. Robert L. Howze, president of the court, to learn from Col. H. A. White, military counsel, what the defense purposed in the matter, that the court took up deliberation for decision. This was done at 3:40 o'clock and at 4:10 the jury returned to the room and inquired of the trial judge advocate if there were any previous convictions on the record of the accused. On being informed there were none, the court again retired.

Decision Forecast.
This maneuver forecast the decision of guilty in general terms. Under the procedure, if the court had found a verdict of acquittal it would have so announced on its return. But the Manual for Military Courts-Martial provides if the accused is found guilty, the trial judge advocate submits previous convictions, if any.
With this knowledge a practical certainty, the crowded courtroom settled down for a long wait. For two hours the crowd milled about the room and in corridors. Col. Mitchell chatted with Mrs. Mitchell and the latter's mother and father and finally suggested they return to their hotel. Mrs. Mitchell did not go, but her parents did. Representative Frank R. Reid, chief civilian counsel, remained seated with the other members of the defense counsel for a long period and then mingled with prosecution and various Air Service officers present.
At 6:35 o'clock the entire room was jerked to rigid attention as a loud thump was heard at the door of the jury room. The court filed in and the room was in death-like silence.

Demonstration Banned.
"The court wishes to make an announcement." President Howze read from a prepared paper, "that there must be no demonstration of any kind in the room." Pausing for a moment, he then proceeded:
"The court, upon secret written ballot, two-thirds of the members present at the time the vote was taken, concurring in each finding of guilt, finds he accused guilty of all specifications and charges. Upon secret w ballot, the court sentences the ac used to be suspended from rank, co mand and duty, with forfeiture of pa and allowances, for five years.
"The court is thus lenient because of the military record of the accused during the World War, two-thirds of the members who were present at the time the vote was taken concurring. The court will stand adjourned sine die." 
Col. Mitchell, standing as the decision was announced, with Mrs. Mitchell at his side, smiled.

There was no demonstration. The attitude of the spectators almost was apathetic. To the uninformed onlooker, nothing had happened. Many of the colonel's friends rushed to his side, shaking his hand and assuring him "we are still with you." The officer appeared not to be affected in the least by the decision. Pressed for a statement or comment by newspaper men, he replied he could not say anything at this time until the case finally was decided. In a few minutes the musty old building that had housed the most spectacular Army general court-martial in a generation, if not in all military history, was cleared of all except the all-night soldier guards.

May Be Airship Witness.
While the court was reaching a conclusion on the form of sentence, Col. Mitchell was notified by Maj. Henry Leonard, U. S. M. C., judge advocate of the Shenandoah court of inquiry, that he would be asked to testify Monday when the court reconvenes. The colonel, who once before refused to appear before the court, said he would testify. Is is likely that he will be asked concerning his charges that the Shenandoah was poorly conditioned for her last trip.
Although the trial of Col. Mitchell was concerned mainly with his published charges of last September, the officer's record of opposition to conduct of the national defense dates back to the days of 1915. In that year, as a captain on the general staff, he publicly protested that the United States military establishment was unprepared for war. In the World War he won distinction as an aviator and at one time commanded the largest air force ever assembled over the Western front. He returned as a brigadier general and was appointed assistant chief of the Army Air Service under Maj. Gen. Charles T. Menoher.
 Difference grew between Gen. Mitchell and Gen. Menoher and in October 1919, before the House military committee the former began his crusade for a separate department of aeronautics. By June, 1921, the Mitchell-Menoher dispute over a unified air service had become so acute that Gen. Menoher appealed to Secretary Weeks to remove his assistant, but three months later Menoher himself, at his own request, was transferred to Hawaii.
Maj. Gen. Mason M. Patrick succeeded Menoher, and after a lull Mitchell resumed his criticism of the Air Service. In magazine articles he charged that facts concerning bombing tests held off the Virginia Capes has been suppressed by the War and Navy Departments.
He was forbidden to publish further such articles without permission from Secretary Weeks, and President Coolidge indorsed the order. However, Mitchell later published a book, "Winged Defense," without submitting it to the War Department. 
From December of 1924 to last Spring, before a special House aircraft committee, Mitchell gave sensational testimony concerning the Air Service, repeating his demand for a separate air force and department of national defense.

Lost High Air Post.
President Coolidge declined last March to reappoint Mitchell as assistant air chief, and he was transferred to San Antonio as commander of the 8th Corps Area air force, reverting to the rank of colonel. The court-martial developed that Secretary Weeks had advised the President against reappointment, characterizing Mitchell as "lawless."
From San Antonio last September Mitchell issued his two statements accusing the War and Navy Departments of "incompetency, criminal negligence and almost treasonable" administration of the national defense, singling out the Shenandoah voyage and the PN-9 No. 1 flight from San Francisco to Hawaii. Court-martial of Mitchell then was ordered and President Coolidge shortly afterward appointed a special board to study the aircraft situation.
Selecting Representative Reid, who had been an aggressive member of the Lampert aircraft investigating committee, for his counsel, Col. Mitchell rushed into court and assumed the offensive against the prosecution. He brought in witnesses from all sections of the United States to substantiate his charges, and, by securing permission to prove his statements, he thereby forced the prosecution into rebutting them. In all, about 100 witnesses were called, including the highest ranking Army and Navy officers.
The court itself was one of the most august bodies that ever sat in judgment of an accused military man. Numbering 13 originally, Col. Mitchell, on the first day of the trial, challenged the right of 3 of the generals to a position on the court. His first challenge was against Brig. Gen. Albert J. Bowley of Fort Bragg, N. C.