Evening Star Newspaper, October 30, 1925, Page 4

4 * (OLIDGE'S ACTION | AIDS PROSECUTION THE EVEN NG STAR, WASHINGTON, D. ©C. FRIDAY, CALL FOR COOLIDGE TO APPEAR IN MITCHELL TRIAL IS PLANNED | | Defense Strategy Reaches Climax in Maneuver to CASE IS UNUSUAL, MITCHELL SHOWS will require seven votes to convict. Friends of Col. Mitchell say they be- lieve he can count on four officers to vote for him. If Col. Mitchell wins an acquittal or even a Scotch ver- dict, it probably will be due to his attack which led to the reduction of the court from 13 to 10. The observers at the trial are con- fident the court is divided, but just ‘OCTOBER 30, 1925. HOME OF FAMED BOY BLUE SOON TO BE TORN DOWN Widow of Eugene Fleld, Author of Noted Fiction, Transfers Relics to Historical Soclety. played, soon will march sorrowtully away to the Chicago Historical So- ciety. For the house that once rang with Boy Blue's laughter will be torn down. For many years the widow of Eu- gene Fleld refused to sell the house on Chicago’s North Side where the poet wrote the lines that made him famous, hoping that it would be pre- the mementoes have been turned over to_the torical society. The widow has kept only a pair of Little Boy Blue's baby shoes and & tov horse, na she vacates the house which will be supplanted by an apa ment building. Truck gardening on a large scale dent and Davis Face to Face With Accused Air Officer. Bring Pr to supply this country with fresh vegetables s belng developed alone how far the division goes no one can say with any degree of certainty. There is evidently a standpat ele- ment in the court and a progressive bloc. Whether the progressives are strong enough to save the outspoken colonel s for future events to de- termin Generally speaking, the “progressives” on the court are be. lieved to be Maj. Gen. Douglas Mac- Arthur, the youngest major general in the Arm: but second in senfority as the court is now composed: Brig. Gen. Frank R. McCoy, Brig. Gen. dwin B. Winans and Brig. Gen. lwing E. Booth. Gen. MacArthur is only 45. He made a wonderful record during the World War. Gen. McCoy's progressiveness may be understood when it is recalled he once was an ald to Theodore Roose- velt and afterward served on the staff of Gen. Leonard Wood. . Gen. Booth is one of the two non-West Pointers on the court. (ol Blanton Winship, a native of Georgla, law member of the court, 18 the other. Col. Winship has proved a great stickler for form Mrs. Mitchell is looking extremely snappy these days in a sort of blue tam which reminds one of the head- wear worn by the “Blue Devils” of nce, the famous Chasseurs Al- Mitchell Trial Called by President and Is Legal, | Winship Holds. CHICAGO, Octover 30.—The lit- tle tin soldiers, covered with rust, with which Little Boy Blue once served as a memorial. She kept his study as he left it. But nothing came fal plan, and most of Has Succeeded in Getting Before Country Exceptional Procedure Followed. ___(Continued from First P: Its substitute is a motion to quash, which was moved previously in this Kenneth McCalla of Houston, Tex., |trial and was overruled by this court, H. H. Yeager and Harry Les Mc.|L therefore, submit that the court ary, both of San Antonlo. should not sustain the recommendation ConitiOpentngiDeiesaat: ;;);r“’:_‘:liwl for the defense for a bill of Mitchell's | It was 10:25 before the court filed| Somewha into the trial room from its ante-|pected change of fro o | chamber. The members had been |plied with a t of a | halt his trial by the many special closeted in private session for more |Strange thing has happene ht. | please interposed in his behalf, but he than a half hour and the epectators|[On the first flush,” he said, “our ap.|has succeeded in getting before the | who filled the courtroom were begin. | plication seemed to appeal to the trial | country the fact that he has heen ning to become restless. A wave of |Judge advocat, nse of Justice. Now, | treated in a most extraordinary man relief swept the crowd as the orderlies [ however,” he continued, “the All of the prescribed rules of innounced: will stand | been a reversal of this appeal, : ourt-martial procedure were disre while the c defense {s asked to dig 2 rded or violated In his case up to To facilitite the proceedings. written paces and for| the hour the trial opened. Moreland, the trial judge advoes elf_the hases for the AT he explanation on behalf recommended that thé reading of the | “WhY, not even the prosecution,’ cution has been that Col record of yesterday’s proceedings be | he rted, “knows enough s a sort of super-being, not amena dispensed with. Mr. Reid agreed to | thi3 case to point out these thing to the usual order. He did not the suggestion with the understandi the f since th 1 seem to have a_commanding of- ny errors found in the record Lwo s th time the court-martial mizht be corrected later, and the court | & Cool ad or. | ordered the record set aside for future | O olerance th: ning dered t nd called | serutiny. 80 ""“I‘“""““'l"]"‘ = and wide in an ef. g 7S % s "ol Rrel t derec A > a co nartial. R tive Reid | , Col T ymmanding officer for B o tman . More- | diately into the unfinished debate of [ Piume for the Mitchell. He couldn’t do it. He tria the admis. | Yesterday, in which the defense de. | Who is to blamc v wh sht S|could not even find the prototvpe of : " of the reg- | Manded that the court order the trial | the counsel of the 1 oflicer hevefore it has £ | judge advocate to file a bill of par-|Correct the volu ni nade to appear in the record ticulars clarifying the charg it} clente | that Mr. Coolic exercising his con Col. Mitchell. As the court ssed 5 o1 tutional rights as commanding o vesterday afternoon Col. and Siassment o Nlng o ool > v of the Army and the Navy, or Coolidze Has Power. agreed to do this s a of| The docu whi A ia o 5 oL o the court decided, with | courtesy.” f : v passage at and directed the filing of fts law r, Col Changes posed lacgely th d 1 e the accused, t} n Winship, that President Cool- Mitchell made to newspaper men, for it court. It has fdge has power to call 2 court-martial | This morning, however, found the | Which he now faces trial on c explained court that Col any time and that President Cool- | trial judge advocate in an entirely | Of Insubordination and conduct i : “is not a normal one.” is Col. Mitchell's commanding | different frame of mind. He pointed | diclal to military discipline ShAHera e . out that the basis on which the de-|Sentative Re g outside the cour Representative Reid then moved |fense made the request were exactly scue Hose No. 9. that the case be stri out ause | the same as those on which it had | the specift s showed tion | previously moved for dismissal for n of the ninety-si 1e of war. The | lack of jurisdiction. In that previous |impending co opinion of the rember that th tion, Col nd said, the defense | Minded the zttor s su 1ad dwelt on the lack of authority and | dddress their remarks a bill| had been overruled by the court. and not to each other. ges | In view of these facts, Col. More.| liere ensued a scene to|land withdrew his earlier acqu! and retractions that w and said that he would be pl and profuse that the hear any further argument counsel | Ruffawed aloud 1 s for Col. Mitchell might wish to sub- [ Plauded. The court fts mit. This sudden reversal of opinion | the extravagant words A of President Coolidge BY ROBERT T. SMALL. Col. William Mitchell has failed to urbed by this unex Mr. Retd 1sm that » save Col. tion on the ground of rday morning when rtial trying him | ninety-sixth article cd the plea, but the sident’ with the ion of the avi- victory to the the late after war over nnéction of the T EPETEPETEDEY of the rously contended | Mitch- counsel, Repre the rules for | OR your Halloween entertainments we will prepare a Special ICE CREAM—a “Brick”—of three exquisite flavors: VANILLA RASPBERRY SHERBET WALNUT Tt's a wonderful Food Dessert, the ideal for Social Affairs. No advance in price. APPROPRIATE MOLDS began the di Moreland then plunged imme- m judge advoc e king of depriving a person of of speech, the judge advo the court vs absolute fre permit any fool to cr crowded assemblage and Just what his intend- was no one seems to was, om ate of dom would “fire” in a cause a panie. ed inference know. rec M matter Centers on round nd Overnight. nt 3 right. 1925 en > (Copyright. 1925.) MARINE CORPS ORDERS. Prig. Gen. B. H. Fuller has been de- tached from the 1st Marine Brigade, Disregarding of Rules. ti, and ordered to marine head: Col. Mitchell | quarters, this city: Capt. W. A. Wor- o Khmow why his case | ton, from the United States Legation, S pase | Peking, China, to Quantico, Va.: Capt. b e e i ha | R. B. Dwyer, from San Francisco to f apologies el stated that military | the {\'r-“]"‘”"*{““ o so flowery and military procedure protect M. BMitchell, from Quantico even ap- | il manner than is possible un J. _l. Risel from Port au Prince, iled at e e e s Pueible o). | Haiti. to Annapolls, Md., and the fol: counsel for e e o Gia: | lowing named officers are ordered to on the part of the prosecution precipi- W side employed to make it s Litest Enartind | Quardec: SHecondi Diaut 1G-L Y 1SHea ted a new sensation, the first the | known they had not intended the promu - £ Slowm lEkin el gid, BE ary prosecutor had thus far |Slightest disrespect to the court n i C.W. NMartyr, at Key West, mallitass ot g g iy Fla., and First Lieut.' A. Stahlberger, Mr. Reid replied e martial should attempt to investigate @ vague case. “That's common sense, 1 needs no law to interpret it,” the lef counsel for the defense declared. It is a matter of justice that they should point out to us the things they are to rely on in this That is the practice of the courts of every and. L R L L o o L ohi L e A A bt L bt ettt} g 0 R Howze stepped into the ct, however, and re- evs that t to the See your mearest dealer and place your order as carly as possible. If no dealer is near you cali— his counse any oh the defense Carry Ice Cream CO., LINCOLN 5900 Manufacturers of replied that to bill would require a care- ritten type- ested he be | t to perform the ull be done sed Called Abnormal Trial. that written pages an glven time ov heavy h that no court- at Wake! to o on to the and hi The court turned to t ¢ have fe work of Winthrop and 1| the £ 5 i 5 the words “bill of par bile alon tioned therein beyond the time pressed his will be a_part_of specific be g They also | his case. C 1 ap- | every argument of the prosecutor Teehs would be from the two statements which Col. Mitchell had n na were the 1S for the char then rende: s opinion that t quest be den and hearing no ot | jections, the president made it the ruling of the court. Picking up the ¢ cations Col. Moreland tu Mitchell, asked him to rise and tc i special pleas had been disposed | = 1 Request Is Denied. the and n admitted been made rred by cretary of War, and t had been ordered by h ¢ President Coolidge. s a presidential court,” Col swer to questions here is no require- shall he s as the ing the ouslce! Mitchell THE BEST! the military estahlishment 1 g forward to th nee bhefore Preside: the event of a convicti As to this conviction there is much | tion in and about the court- | here are ten members of the | MORRIS PLAN BANK left of the or It | Under Supervision U. S. Treasury | 1408 H ST. N. W. SAVINGS DEPOSITS . Winship thought that d s Sees Charges Too Broad. “The charges against Col. Mitchell are so broad and indefinite,” Mr. Reid continued, “that counsel for Col. Mitchell is unable to understand their intent and is, therefore, entitled to know precisely what each charge means.” He further declared that the trial judge advocate should be ordered to definitely point out just what the prosecution believes has been violated in each specification. carried out explicitl substance is there “I hate to thin where necessity knows no law.” Mr. Reid exclaimed, ¢ that “this is g case, indeed. held. and the court ce the court-martis the Pres- he could, na ned to Co rges speci and distinet proceeding, for the by the orders New Cleveland Park Brick Homes 31st and Rodman Sts.- (1 Block West of Conn. Ave.,) ght Rooms, Bath, Garage OPEN DAILY FOR INSPECTION. Price, $15,950 C.-H.SMALL & CO. REALTORS—BUILDERS 925 15th St. N.W. Main 6861, $3.49 Jersey Panty Dresses $2.49 Four pretty styles. hand _em. broidered. sizes 10 6 years: all c ors. regul fdent of &s comn and N: $4 Corduroy ROBES Arr nin and _also fi explained the article Winship and thouzht the action was _hi but Col. More was not and the regular pro- y- m the “How do you plead to the charge?” |« ar “If these charges are so vague that | asked the Judge Advocate. e biin the defense cannot base its case on | ‘“Not guilty,” declared the accused s und them, then they are not legally suffi- | in a firm v Col * Col. Moreland thundered back | Col. Moreland then mentioned speci- | Re; ative 1 with some show of feeling. “But this | fication one and receive 3 s court has already found that this case [ reply. To all is lezal and, therefore, that these | Mitchell denied his g specifications are legal. tive Reld, who stood be “A Dbill of particulars is a paper | addressing the court, that may be served in order that |the record to show t Representative something may be added, not taken | by his counsel pl ilty 3 ted 1o question | away in order to make something |each charge and s the v ecu lge clear. Tts only office i3 to remove Col. Moreland PN Wi vagueness by the addition of some- |rending of the < 1 erved in thing, not by the subtraction of some- | of war and Representutive ng that he had Kk bec thing. els jected to his reading from the present at the ope ct the Here we are asked to tell the de-| manual on the ground that “it is and h :d_ o al for | nse fust what we are going to do|not the procedure of the court, owing ortuni case | and are going to say. I submit thatto the ruling vesterday. and a sepa this court has no power to cha se specifl fons. 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