Evening Star Newspaper, October 29, 1925, Page 5

MITCHELL DENIES - MILITARY OFFENSE Declares Acts Did Not Con- stitute Violation of 96th Article of War. \ f Challenging the jurisdiction of the general court-martial to try him on <ha s of violating the ninety X article of war, Col. William Yesterday afternoon declared through counsel t he had committed no of- fense ins v or civil law; said he was entitled to free under the Constitution and to President Coolidge’s Naval Academy duation address, in which the mid n were urged to give the fullest expression of their views to the public Col. Mitchell’s famous San Antonio statements of September 5 to 9, on which the War Department’s charges are based, contained nothing like a charge of criminal nes 2 petency or faulty administra aviation that as directed un individy epresentative Frank R. Reid of Illinois, detense counsel argued. Instead, the; applied wholly 10 an intangible thing such as the Deparunents and to national defense ad hat prevailed. Mr. Reid crs reiained constitu nd named 15 privileges which he said not be denied them during tenure of service either in the Army or Navy. Chief among thy rights was that of freedom of speech. against “Fullest Latitude.” ident Coolid told the Naval Academy graduates at Annapolis last June, bir. Reid said, “that they were given the fullest latitude in ex- Pressing cheir views betore their fel- low citizens, subjes of course, the require of not betraying theg: confidential which wouid be detrimental to the service.” He quoted directly from the Presi- dent’s remarks “‘It seems to me perf for any one upon any sui slon to dvocate the the avy in keepi greatr and dignity count Then, Mr. Reid tation of the Pre declaring that Col. Mitchell had not confidential affairs of the nment; had not spoken to the ment of the service he repre- sented, and had asserted himself in a way that was entire in keeping with “the greatness dignity of our country. Basing his plea on the question of jurisd on, Mr. Reid told the court the offense charged against Col. Mitcnell had not heen named, “de- fined or created by the law of mili- tary discipline, any executive or Army order, the articles of war or the Constitution or laws of the T aited Stat: > Limits Deflnitely Fixed. Cvery time the framers of the Con- atitution or Congress intended to take away any of the rights of a soldier,” he said, “they either specifically put it into the Constitution, as in the fifth dment, or in the form of con- onal enactment, as _the creation v tribunals and passage of the Articles of War. “It is a well recognized principle of law that a privilege exists as to the discussion of public questions affect. ing the country and the conduct of public officials. The question before us now seems to be: “Is a soldier stiil a citizen?” jon was classed by Mr. Reid ital public question.” To show the widespread interest in aeronau- he said, $133,383.287 of the tax- .rs’ money had been spent in its lopment during the years 1 1924. Casualties in the Army Servic he beginning of 1924 to y aled 484, “about one a iiven Pre: tly proper ble ocea- with of g ave his interpre- dent’s language, id in this connection he introduced an- other address made by President Cool- idge. He read a short quotation from the President’s inaugural address, ““The collection of any taxes which are not absolutely reguired, which do not, bevond reasonable dout tribute to the public welfare, is only a species of legalized larceny Just before the céurt adjourned for Col. Moreland asked if the de- fense had concluded its pleading. Mr. Reid replied in the negative, adding that he would plead further “at the appropriate time.” HENRY FARQUHAR, 74, CLAIMED BY DEATH peech | pointed | ‘Widely Known Statistician, Author | and Scientist, Was Long in United States Service. Henry Farquhar, 74 vyears , widely known statistician, author and reientist, who was formerly prom- inently identified with the United States Department of Agriculture, Census Bureau and the United States Coast Survey, died at his apartment in the Parker, 3300 Sixteenth sireet, yes- terday. He was a delegate to the World's Peace Conference at the Hague in 1913 Mr. Farquhar did important statis- tical work for the Department of Agri- culture from 1885 to 1900, when he re- tired, but later did similar work for the Census Bures: where he was re- tired about four S Ag0. He had long been identified aclentific and other societies. He waus a fellow of the American As- sociation for the Advancement of Sclence, of which organization he was vice president in 1894; a member of the ‘American Economi sociation, Amer- jean Statistical Association, the Philo. sophical Society of Washington, Bo: ton Free Trade League, the Inquir: American Peace Society, and the ‘American Soclety for Judicial Settle- ment of International Disputes. Mr. Farquhar was also a nationally known author. He was the author of several numbers in the sound currency series of the New York Reform Club, and also wrote several articles on economic and industrial problems. He was a member of All Souls’ Uni- tarfan Church in this city, where he was well known among prominent men in various walks of life. Mr. Farquhar attended Cornell Uni- versity and was first employed as a teacher. Following, he worked for the United States Coast Survey, and was then an editorfal writer before being employed by the Department of Agri- culture. with CHAUFFEURS JAILED. Two Are Held in Connection With Fatal Accident. Edward Luckett and Bud Foste colored chauffeurs, the former res ing at 21 N street southeast and the latter at 1612 First street, were ar- rested last night by Detectives Ver- million and Brodie for the authorities of Nelson County, Va., for questioning about a fatal traffic dent that oc- curred Saturday night on the road be- tween Gordonsville and Barboursville. The victim of the accident was a col- ored man named Charles Bell. Sheriff Baker took the men to Nelson County ‘today. | norant.” MITCHELL'S TRIAL SETTING IS DREARY Ramshackle Building Crowd- ed—Whole Procedure Lack- ing in Usual Color. BY ROBERT T. SMALL The Mitchell court-martial as a “production” is disappointing. The management has shown no appreciz tion of stage values. The star, of all things In the world, sits with his back to the audience! This is out of line with all tradition. The colonel's lady also sits with her back to the audi- ence. All you can see are the mem- bers of the court, and they are grim of visage, serious of mien. Taken altogether the court is in a sordid sort of setting. ing in which it is located is a ram- shackle affair and looks to have been | deserted for 10 years or more. The | wpression one gets is almost one of squalor—governmental squalor. But the military flavor is unmistakable. In addition to the court there are half a score of younger officers on duty in and about the bullding. There is also an old top sergeant with four service stripes on his left sleeve. And a private who looks exactly like Harold Lloyd—a studious lad in Khakl and spectacles. Col. Mitchell sits in rather close quarters, but everybody appears to be crowded. The colonel did all he could to make more room by bombing three members off the court. While he was at the height of his challenges an air- plane droned heavily overhead—a new threat of the Air Service. The colonel wears the new uniform of the Flying Corps—the coat cut after the English fashion, with turn-down collar and lapels. The colonel wears more deco- rations than any member of the court. The left breast of his tunic fairly blazes with the multi-colored ribbons. Everybody expected the court to march in with clanking sabers, which, according to old custom, would have been placed upon the table in front of the judges. But the only weapons in sight are the sidearms of the en- listed men. Some one suggested that if they really expect to blast the col- onel out of the Army they ought to bring a “solxante-quinze” into action. The Army has plenty left over from the war. In olden days a general court of this character would have been attived in full dress, with much gold lace and beaucoup epaulets. The present time is more democratic Service uniforms of olive drab are worn. They make the court look as if It meant business. Col. Mitchell daily faces not only solemn judges but a heavy bat- hi He does not flinch tery of cameras. at either. ; The ladies, who abound in the lim- ited audience of 80, had their first thrill when Maj. Gen. Sumnerall stalked off the court after saying he regarded a report made by Col. Mitc ell as “unfair, untrue—and ignorant.” The general paused a full minute be- fore he uttered that last word ‘ig- The audience “Oh-h-ed!” as it was, but one could not help but! wonder what the audience would have done if the general had uttered what he really had tn mind—what that long silence suppressed. Under ancient Army verbiage the court is sworfi to try Col. Mitchell “without favor or affection”—which it probably will. (Copyright. 1025.) Appointed to West Point. ¢ Edward A. Brown, jr., 3528 § street, this ci and Fayette C. Woodworth, son of Capt. John D. Woodworth, Medical Corps, San Juan, P. R., have been appointed by President Coolidge cadets-at-large at the United States Military Academy, with a view to ad- mission July 1 next. Parker’s Pharmacy N. Cap. St. and R. L. Ave. Is a Star Branch If you live in the neighborhood of Park- er's Pharmacy — just leave your Classified ads for The Star there. It’s one of the many Star Branch offices lo- cated at convenient points throughout the city for the benefit of Star patrons. No fees— only regular rates. The Star prints MORE Classified ads every day than all the other papers here combined. You will get results when you use The Star. “Around the Corner” is a Star Branch Office The old bulld- | G | grounds, THE EVENING STAR, WASHINGTON, D. C, Upper: Judges in Mitchell court- martlal hearing testimony. n. B. A. Poore, Douglas MacArthur, Maj. Robert Howze, president of the ; Col. Blanton Winship, Ma). Gen. Graves and Brig. Gen. E. L. Lower: Judge R. F. Plain of Aurora, 1L, who is assisting Representative Frank R. Reid in defense of Mitchell. Dismissal Worst Penalty Possible For Col. Mitchell Col. Mitchell has before him at the trial a copy of regulations governing courts-martial, an im- portant part of which consists of an enumeration of penalties which such a court is empowered by law to_impose. The punishments run the usual scale of confinement in_the guard house, reduction in rank, etc., and end laconically, as follows: “To be shot to death by musketry. “To be hanged by the neck until dead. Fortunately for the Air Service officer, however, all the present court-martial can do to him, it i said, is reduce him in the promo- tion list or otherwise affect his good standing in the service, with dismissal from the service as the maximum. = COLORFUL AUDIENCE OF WOMEN PRESENT AT COURT-MARTIAL (Continued from First Page.) Col. Sherman Moreland, who, as trial judge advocate, is prosecuting the accused, is a typical officer in ap- pearance, and an able lawyer, withal. He punctuates his remarks with apol- ogies to Representative Reid for being *‘compelled” to challenge this®or that contentoin, and at each apology Reid will glance up and nod as though to say, “That’s all right, old man. No hard feelings.” ‘Waiting Line on Hand. Another line of waiting spectators was on hand this morning long be- fore the Emory bullding, as the old Census bullding is known, was thrown open to the public. They good-naturedly braved the chill winds that whirled out of the Capitol nearby, huddling them- selves in overcoats and furs and keeping warm at times by sporadic Jigging. The doors of the building were closely guarded all night by a spectal detachment of non-commissioned of- ficers and other soldiers on duty as orderlies and ushers for the court. The all-night guard was assigned to protect the records of the court, des. tined to go down in history as im- portant State documents. The soldiers are as fine looking a group of men as ever wore uniforms. > G turies. In 1725, “linng full fabrick.” In 1825, substance that house: does she spin. She has it TOLMANIZ ability, Note—It s convenient—a; our Dupont Circle 6th and C Linen”— “TOLMANIZED” THAT, in three words, symbolizes the progress of napery in the last three cen- maculate whiteness. Franklin 71 for service. THURSDAY, O CTOBER 29, 1925. JUDGES SITTING OVER COL. MITCHELL AND ASSISTANT DEFENSE COUNSEL ARSERVCEWASTE SCOREDBY MADDEN Holds It May Be Necessary to Take Business End Away From Army and Navy. By the Associated Press. BALTIMORE, Md.. October 29. The United States Alr Service “Is in its present depleted condition because the funds that were appropriated for | its development have been used for | other purps tepresentative Mar tin B. Madden of Illinois, chairman of the House appropriations committee, | vesterday told the Federation of Re bublican’ Women of Maryland, in con vention_here. Mr. Madden sald: “I think we are coming to thé place where we will have to take the power over Alr Serv to Sense of Rhythm as It appeared for a while yesterday afternoon that a peculiar sort of hyp- nosis, born of the monotony which at- tended the reading five times in su ston of Col. William Mitchell’s now fa- mous San Antonio press statement and four times in succession of his subse- quent corroborative statement, would lull the court-martial into a state of comatose indifference. It fell to the lot of Assistant Advo- cate McMullel to intone the fire-tinged words of the statements over and over again, in compliance with the ruling that each specification against the colonel must be read in full. He started his task with consider- able vigor, in a tone of voice that set those present to thinking. On the first reading the thoughts of those resent circled about the startling tatements contained in the charge be- ing read and around the circum- stances leading up to the court-mar- tial. But as Col. McMullen started it all over again in & monotone, the = e In fact, they are the pick of the Arm: comprising Headquarters Company, District of Washington, and are re. quired to be men of the highest type, possessing a_charucter rating of ex- cellent and having a reputation for bravery. Their regular duties include service as part of the President's guard of honor, guard of honor for foreign dignitaries, guard for cere- monies at the tomb of the Unknown Soldler, color guards at all large public ceremonies In or near Washington, | etc. ° They stand ready to assist the Metropolitan police in case spe- clal emergent and are equipped to handle crowds in time of riot at pub- lic buildings, especially the Bureau of Engraving and Printing. Dozen Serve as Orderlies. | A dozen members of the gu: stationed within the courtroom as or- | derlies. All but one of them are per-| mitted to sit down during the proceed- | | ings, but one young fellow has to| stand rigidly erect behind the chair | of the president of the court, Gen. | Howze. Col. Mitchell has hi her at the trial. r, by special perm! judges' table, but so far she has not taken more than a page of notes. It is believed she is there to take down {only certain parts of the proceedings on signal of Representative Reid. The official court reporter is Alex ander H. brother-in-law of Mrs. | Woodrow Wilson. He is doing a mir- acle if he is actually catching every thing that is being said. He undoubt- edly has most of his trouble when | ‘I‘.e[')resommi\'e Reid gets warmed up. own stenog- | he was given a | sion, near the | . MRS. CAROLINE LAY DIES. Brief Illness Precedes Death of Col. Lay’s Widow. roline Y. Lay, widow of Col. Richard G. Lay, dled at her residence, 1820 N street, vesterday after a brief She had been a resident of | this city for several vears and previ- ously had often lived here at interva Col. Lay died in 1919. Mrs. Lay was more than 80 vears old. Funeral services will be conducted at St. Matthew’s Catholic Church to- morrow morning at 11 o'clock. In- terment will be in Mount Olivet Cem- etery. Mrs. Lay is survived by a son, Jullus G. Lay, American consul gen- eral at Calcutta, India; three daugh- ters, Mrs. Willlam H. Wharton of Boston; Miss Frances Lay and Mrs. Corcoran Thom. both of Washington, and five grandchildren Mrs. C | Col | ceed again for a while without en” was a “most use- , linen was a valuable wives spun, and then toiled and toiled over tubs to perfect its beauty. In 1925, insofar as linen is con- cerned, the housewife toils not, neither buys good linen and ED. No drudgery— just a simple weekly bundle for TOLMAN driver to coflect‘ And her Tofill.e- MANIZED Table Linen comes back luxuriant in rich- ly restored fabric body, grace- ful in its wonderful drape- unsurpassed in im- Phone nd permissible—to stop at office to leave your bundle when driving downtown THE TOLMAN L AUNDRY F. W. MacKenzie, Mgr. Sts. NW. INTONING OF MITCHELL CHARGES LULLS COURTROOM IN A DOZE McMullen Tries Straight Reading, Then Falls Captive | He Repeats Statement Again and Again. thoughts be: it appeared. Several thought how stuffy the little room ting, others wondered why Hacker doesn’t his garbage wa on the table in contemplation of how many Supt ber of persons suffered an a befogged id lar objectiv: In the midst of this lethargy tha permeated the assembly the listeners are of a change in suddenly became tone on the part of Col. Instead of the stead. McMullen distinct sever him, a slight, emphasis was notic passages. The ass cate v what he w: learn it by heart, or was beini vated by the swing of the thing. About the same time it became ap- parent also that the dignified mem bers of the court were feeling the ef fects of this constant battering-down process. Over and over again they had heard the colonel's words: though very able in “The conduct of affairs by the two | viation is con- | departments, cerned, ha last few y respecting person clothes he wears.” Gets Swing of Thing. Only now they hear it with variations, to “The CONDUCT of affairs b two departments, as far as AVIA- TION is concerned, has been o DIS GUSTING in 1he last few vears as to make any SELF-RESP! NG_per- son ASHAMED of the CLOTHES he wears."” ‘atching_himself thus coloring the already colorful Mitchell statement, McMullen would halt for a mo- ment, take a drink of water and pro- elo- as far as been so disgusting in the ars as to make any self- ashamed of cutionary touches. But the rhythm too intriguing, of, the piece was feared that any moment Gen. Howze and his fellow judges would start swaying in unison to the music of the words. There a sigh of relief all around when Col. McMullen finally let his voice dfe out and sank into his chair to recuperate from the strain. DR. HUTCHIN'S Amber Oil Liniment For REZUMATISM. COLDS, SCIATICA At Any Drug Store. 75¢ Price Or direct from Waldman Drug Co.. Hyattaville, Md. Breslan w=== 1309 FRIDAY A Sale to Clean Up Small Lots of New and Stylish Merchandise Sacrificed at Prices for One Day Only 50 Satin Dresses One of a kind. Some with flare skirts. All col- ors. Formerly $15.95 to $24.75. $9 90 Sizes up to 4C 15 2-Piece Balbriggan $25 and $20.75. Lace and flower trimmed 11 New Dresses!! Two.plece models, Cir- cular skirts, Basque models, Straightlines. $25.00 Values 200 BEAUTIFUL Trimmed 52.95 Hats Were $6.50 & $1.50 n to digress somewhat, about was_get- put rubber tires on gons, a few drummed more times this San Antonio statement had to be read, and a num- ck of 1s devold_of any particu- y, unwavering voice with which he heretofore had been reading from the papers before unt judge advo- beginning to get interested in reading, was trying to pti- the | sinning to | it seemed, and there | were some unofficial observers who | ice out of the hands of military men and place it in the hands of those who know how and when to buy. “We don’t need more money. We need better planninz. We want an American defense that is justified, but we want the Army and Navy to understand that they are servants of the people and not their ers.” Officers now in control of the Alr . the Representative said, are of produ the results | an and several Iurcpean na tions produce, even though the United States uses many times the amount of money spent by those countries.” “We have some good pilots,” he added, “but we have no pilots except commissioned officers, and everywhere there are quarrels over who will be amed to the next rank ‘The difficulty lies in the fact that ; | our officers have insisted that no man be allowed to pilot a machine unless he s a commissioned officer. That 18 like trying to run an army with all generals. ~ You can't run with nothing but gene: Phone Main 8108-8109 604-610 9th St. N.W. $7 rooma. 86 weekly: $10.00 rooms. 8¢ with toilet, shower anc lavatory. $10. in roum. 0% more. 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