Evening Star Newspaper, November 3, 1925, Page 4

4 PAPERS ADMITTED IN MITCHELL CASE Prosecution Rests Case After Newspaper Men Are Heard on Statement. The prosecution’s case in the gen- eral court-martial of Col. Willlam Mitchell, as submitted vesterday after- noon by Trial Judge Advocate More- land, consisted only of establishment by witnesses that the accused issued his two San Anfonio statements to newspaper men and the introduction of newspapers which printed those statements, as evidenc Although a seemingly simple under- taking Moreland, his duty was prolonged and made difficult at times by Rep tive Frank R. Reid, hief civilian defense counsel, who ob: jected frequently to the types of ques- tions asked of the newspaper men by Col. Moreland. In one or two in- stances he was informally upheld in his objections by Col. Blantotn Win- ship, who cautioned Col. Moreland on his procedure. Fights Admission of Papers. Representative Reid put up a stren- uous battle to prevent the newspapers being offered as evidence. Thev were brought into court by Henry S. Par- sons, chief of the Periodical Division of the Library of Congress, who was duly sworn. Mr. Parsons explained that his division receives newspapers for file in two classifications, as “glifts” and as required under copyright All but one of the papers which the prosecution sought to introduce as evidence were “gifts.” and on this basis Representative Reid made his « The defense sought to have Mr. Parsons’ testimony stricken, but this move and the argu- ment n the * ' papers were over- ruled by the court The newspaper men called at the afternoon session were Harry Lee McCleary of San Antonio, Kenneth McCalla of Houston and Llovd Greg- ory of the Austin, Tex., office of the Associated Press When the prosecution announced it had rested its case after the court had received the newspapers as evi- dence, Representative Reid moved the charges be dismissed, contend- ing th: had been submit- the prosecution sity or truth of what about the state of To avert a dect: ention, however, rgument in support ked an overnight urt consented to. et Officers. to prove had beer national defense, fon on that con to prep h recess was taken, 1. McMullen, as- = advocate, informed ented with f witnesses number- Owing to the fact ersons desired by the were far dis- Nt points and to expedite the trial, Col. McMullen favored a conference with the accused to determine avoid- ance, if possible, of calling so many w S ew what they would testify to said, “the gov- ernment might some of the teme and g the case of cabinet tlon wasn't st en he said might be obtained resentative R be s, sistant the cou e th them, 3 although “We'd like to have them he The matter, howev w over for f ion ITALIAN DEBT BODY HAS PLAN TO SPEED adding PAYMENTS TO U. S. | | highe the | ements | THE EVENING STAR, WASHINGTON, BURR’S CALLING OF JEFFERSON HAS ECHO IN MITCHELL’S TRIAL calls Bitter Fight of Second President to Keep Out of Marshall’s BY FREDERIC WILLIAM WILE. Col. Willlam Mitchell's desire to subpoena three membars of President Coolidge’s cabinet as witnesses in his court-martial revives Washington's interest in the celebrated attempt of Aaron Burr to subpoena President Thomas Jefferson in the Burr treason . which convulsed the country in John Marshall, Chief Justice of the United States, regardless of the fact that Jefferson was at the zenith of his popularity, issued the subpoena, but the President, seeking refuge in the contention that it was an unjusti- fiable encroachment upon the execu- tive prerogative, ignored the sum- mons. Before Jefferson took his stand re were circumstantial reports that Marshall was prepared to bring the President by force to Richmond, where Burr was on trial Albert J. Beveridge, former United states Senator from Indiana, narrates the Burr-Marshall-Jefferson episode in minute detall in his “Life of John Marshall.” From the outset of his troubles with the Government, Burr held that he was the object of perse- cution at Jefferson’s hands. ‘“Thi prosecution of his former assoclat says Beveridge, “became Jefferson’s rullng thought and purpose. It occu- pied his mind even more than the Na- tion’s foreign affajs, which were then in the most dangerous state. Cham- plon though he was of equal rights for all men, vet any opposition to his personal or political desires or inter- ests appeared to madden him. A per- onal antagonism, once formed, be- ame with Thomas Jefferson a public $21,900 IN CONTRACTS FOR SEWERS AWARDED Eight Pieces of Work in Various Parts of Capital Are Let by Commissioners. Contracts for the construction of sewers in varfous parts of the city at a total cost of about $21,900 were awarded by the Commissioners board sesslon today. The jobs f In Hamilton street between Sevy and Eighth streets, to Warren Brenizer Co.; $1,547.72 Petworth service sewers in the vicin- ity of Fifth and Allison street McCandlish Co., Inc.; $2.473.16. Alaska avenue lish Co., Inc.: $4,594.26. Trinidad service sewers, brook and Childress str east, to W. A. Pate, jr.: $3 Legation street service W. A. Pate, jr.: §1 Montello avenue ser Warren F. Brenizer Co Wisconsin avenue servi seph A. Forbes; $2 outh Reno service sewers, A. Pate, jr.; $3,045.65. near Hol- ots north- 346.47 sewer, to to W Denmark’s Orchard Tsland. er is one of the Danish islands in the Baltic, which is known as “the orchard of Denmark.” It is flat, well watered and richly wooded. and wax. Its capi and the populatio! e, honey jobing, 1onei to France and to mm 22 per cent > e sacrifices, has her hun(,— al expenditures whose today before the war. s been the only na t 100 per cen and the nat hat of any her minimum o and than t nt Ith | duce 5 | never and Thirteenth | street service sewers, to A. McCand- | | asked whether Jefferson was Its chief | 1 I l | ained Burr, Court. nolicy. He nor honesty in any act or word that appeared to him to favor Burr.” It was in such a state of mind, ac- cording to historian Beveridge, that Jefferson viewed the arraignment of Bure upon charges of treason and high misdemeanor. “Jefferson felt that he himself was on trial,” con- tinues Beveriige, “and knew that he must make good his charges or suffer a decline in the popularity which he zed above all else in iife. He proposed that, at the very least, the public should be on his side, and he resolved to exert the utmost efforts of the National Government to bend ull to his will. Thus the Presi- the United States became the leading counsel in the prosecution of Aaron Burr, as well as the director general of a propaganda planned to confirm public opinion of Burr's trea- son, and to discredit Marshall should his ‘decisions from the bench result in the prisoner’s escape from the gal- t was on June 9, 1807, that Aaron Burr arose to announce that he had a proposition to submit” to the court. President Jefferson in his message to ‘ess mentioned a certain letter according to Burr, it had now become material to produce in court. There were also certain orders and instructions issued by the Secretary of the Navy, which the latter had refused either Burr or his counsel per- wission to inspect. ‘‘Hence,” main- “I feel 1t necessary to all upon the court to issue a subpoena to the President of the United States, with clause, requiring him to pro- ertain papers; or in other words to issue the subpoena duces tecum. Jefferson’s Contention. Pending Chief Justice Marshall's ruling on Burr's motion, President Jefferson cautiously said to his per- sonal representative at the trial: “Re- serving the necessary right of the President of the United States to de- clde, independently of all other au- thority, what papers, coming to him as President, the public interests per- mit to be communicated, and to whom I assure you of my readiness under that restriction voluntarily to fur- nish on all occasions whatever the purposes of justice may require.” Luther Martin, of Burr's counsel, insisted upon the production of the presidential papers. Was not “an ac- cused man to obtain witnesses in his behalf”? Martin contended that 2d the denial of such a right “since the declaration Martin “a kind of sovereign,” and answered his own v 'saying that he was “ n heard of American independence. Martin pointed out, Jefferson's cabinet members, “under presidential influence,” had refused coples of of- Al orders. ventually, Marshall acquiesced in Burr's demand that President Jeffer- son be haled into court with the papers in controversy. The object, Mar: expiained, to produce copi the Army and Navy orde ure of Burr, the original of a let- written to the President in con- on with the case, and Jefferson's Beveridge describes how Mar- essed the constitutional guar- speedy and public trial to compulsory process in the ac- f “immemorial the language of the Constitu- tion and the national statute all com- bined to give “any person charged e in the courts of the a right, before as well ment, to the process « » compel the attendance of witnesses.” 1 came to the conclusion Constitution m: ception whatever to the r all persons charged with attendance of Justice decreed duces tecum may n to whom an ordi issue.” Thereupon, Mar- a subpoena duces directed to Thomas crime witne: [ WITCHELL DEFENS Request to Summon Three of Cabinet Officers Re- PI_AN IS REVEAI_EI] Wan Seeks to Prove That Col- could see neither merit | ONEI’S Charges Led Coolidge | vy we consondutea pross to Order Air Investigation. BY ROBERT T. The real secret of the Mitchell de-| fense is out at last. is sceking permis can, that the “offenses” for which he |of is being tried by moved President the general air i rection of Dwight mate of the Pre the firm of J. P. Col. Mitchell w that, service into disre tempt, his_state press at San A much of the elements of truth as to| Impress the President with the vital | necessiyt of sifting the aviation prob- lem in the most thorough manner pos- sible. Col. this contention secretary to the to produce before the court-martial all of the correspol Coolidge and Mr. obtain the presence of the President’s secretary, Col. can get the necessary proof from Mr. Morrow himself. In further sul truth of his ch would introduce ally all of the e the Morrow board. Say Colonel Is Scapegoat. Mitchell and his confident that if they can prove by of the President the colonel was instrumental in bring- ing about the Morrow inquiry, will convince the country, if not the Col. certain letters court-martial, tha being made a “scapegoat’ sons most involv neglect and incompetence in the han- dling of the cou ices. Already the defense has shown by a military witne: that nothing Col. caused riots, failed to do any expression on Col a study. It was er he registered pointment. But ment he may feel sation created in area around San made up for by resulted was recorded on It will be recal ing the presiden the first official man Morrow a Mitchell would b statement is reg as further evid Coolidge was galv the Mitchell charg Claim Nati It 1s the desi) constructive good plane inquiry, Col. Mitchell ‘sha condemned as de of Government service. It has been th martial not to co but to consider ¢ upon military ¢ words, there is n tion what Col far from bringing the military Mitchell believy slaughter or mayhem. brought out that the fiery in Washington away as the Antipodes. arded by prove that the President and it bringing about this constructive move. Then it will be asked how he can be tolled, in effect, by another bit of ma chinery for doing the country a great | good effects of the Mi in Washington Mitchell may have had in | D. €, TUESDAY, NOVEMBER 3, 1925. MITCHELL SEES LITTLE HOPE IN PRESIDENT, IF CONVICTED Country to Know Chief Executive, Reviewing Authority, Has Been Made T as To Appear Accu tand where the Col. great Billy Mitchell faith that Pre as the final court of |upset a verdict of present court-martial. at is why he and his counsel are taking pains to let the country—and Congress—know that the President has been made to | 5inning he |appear in the record as the accuser |&uished as well as the final re. | hated general court-martial | viewing authority in his trial ch | M Gen. Summe Coolldgge to institute |an anomaly would not be possible in | officer of the nquiry under the di-|civil law, but a court-martial en Ide-stepper ¥. Morrow, class- |tirely a different aspect. It has been ‘ln a statement ident and member of [argued by the judge advocates in the | by his civ Morgan & Co. Mitchell case that when a man enters | Reid. The ill show, if he can,|the Army or the Navy, or even the |first person merchant marine, he surrenders many | Was named 16 of Nis civil rights, 5 He called Gen Col. Mitchell's friends had thought | Stepper’” at President Coolidge might step in some | the general mig time ago and stop the ousting of the | ber of the court colonel as assistant chief of the Air |&eneral Service. But the President was |cused, swayed by the military authorities of | him w the War Department, and the Mitchell | ed supporters feel today that these same | dezree 1uthorities might prove the controlling | stars, force with the President in his final review of the Mitchell verdict. Conviction Seems Certaln. As the fssues before the court are narrowed down it is difficult to s how Col. Mitchell can escape convic tion. He freely admits the charge that he gave out the statement which is the basis of all the charges against him. Virtually his only defense is that he had a right to make the statement and that his allegations rep resented the truth. How much « ling a ho this defense he will be able to get be-|ed service n fore the court is problematical service crosses, It is this contention by Col. Mitchell, sntlemen, at us an Army officer he has a right [ in all other to say what he pleases about his own |at the top of th superiors or about the Army and|the name of Will Navy ~Departments, that starties| The tw Washington and astounds the Army. | ferred up Col. Sherman Moreland, judge advo. | fore, d cate of the court, said that if such a | Pershing thing were permitted we soon would have an Army where the private would berate his captain before the company, where the captain would scold_his mafor_before the battalion ident Coolldge, appeal, would guilty by th what the Mitchell, It but ti of I soldier Col. tates notice, MALL. 1y The 1) ion to | ng colonel ove, if re st epute or public con- ments given to ntonio contained the 80 i the s aln does not of Col triple st in he if Everett President, an prove | Sanders, | is directed ndence between Mr. Morrow. Falling to colonel Probably the for whom Col. respect is Gen men are great well as comrades Gen. Pers to command it was € Mitchell believes he bstantiation of the arges, Col. Mitchell in proper form virtu vidence given before counsel are that they t the fying colonel is by the per- ed in his charges of It ntry’s aviation serv- at this time. s for the prosecution Mitchell did in Texas mutiny, secession, When it was statements of these things the 1. Mitchell's face was difficult to tell wheth- satisfaction or disap- whatever disappoint- as to the lack of sen- the 8th Army Corps Antonio Is more than the explésion which and which sefsmographs as far mind, but with the way in which he did it. And it is further claimed the colonel knew he was doing it in the nastiest possible for, after giv ing out the statement. he told the re porter: to be placed un as they Harry chant o foilow find a o 11 te Yuma, etter used to say in th (Copyricht. 1925.) lled that in summon- tial board of inqui statement by Chair- nnounced that Col. e heard in full. This | the defense | ence that President anized into actlon by | on Is Benefited. re of the OUR ho should be enhance it our store a rare old Du constr Holland, ch Gr defense to Xpects great > of his air- is proposed that all get the credit for d to cc There Is only one other k istence. Altho an antique an excellent timepiece. This rare estructive by machinery one bit inspection will be appreciated. nd ex- e effort of the court- oncern itself with the chell statement, mly its possible effect | ipline. In other ot 50 much a dispost to quarrel with | T2 7T 7. 2222777777 Well. major vidently has no | Bis colonel before the lonel might do to th howev have trial who had president hi d for n counsel, tement was made and Col. Mitchell author. Summes owever, a time ht still rema sked fmm; Friend of Gen. onl dals and said you have a (Copyright Brownstetter, Ariz. woul wdve n el at toly th of the n my, ph when The f Mitchell's or on the shoulder straps of his superfor have no terrors for the fighting fying quadr in arms. ng who lifted Billy Mitchell s in Fran who i rd di distinguished , but I t for both hon m Mitchell.” ntually olonel car ect from the has been ev han: Mitchell hing should be in South A 1925.) Woman Appeases Conscience. “Inclosed 2 box of ha Frank. 9453-W P. R. AYRES 902 10th St. N.W. Repairing Antique Clocks a Specialty, d larpoon | iment. | escape the been the se that he ol. Repri all a t that Pershing. general Mitchell has profound Pershing. personal friends a retired mer- has receiv Final| ocate ever d g o very trit | nior w Mitchell esentutive n the <ide. | ouent| in a mem- | the uple sta sfficer The two as | It was | stinguish free hand have put rs con there s of source that eric R; T, 8 it ICOOLIDGE HOPEFUL ° vou will rpins w 1, out of 3 me for it letter was own cloek of its kind in ex- this clock ix guaranteed to be antique has heen left with us for sale by the owner and we assure LRI, you your A 200-YEAR-OLD effort (F ACCORD ON DET ;Optimistic of Italian Parley’s Outcome After Meeting With Cabinet Heads. Tresident Coolidge is knowr tertain high hopes for a and satisfactory reem reached by the American debt commmissions for the the $2,180,000,000 d owes this cc gained tive who h - the Ital Washington tions with the Intimates of the him s feeling gotiations (u' ninatl ting SretineaE tarikns ind Ita fundin Iked fan commission to en it America Pre b country the preli nom the mornin Confers With Chi Some of the are of the opin rding the o ms was consi otherwise encoura debt conferc office this mornir - it this come « the Ital the membe: slon yvesterd: of Ameri President merce H ican debt ¢ on. Assis Treasury Wi Me (o It means the utmost in quality and fit—when TAILORED AT FASHION PARK| President of the United has none of t 2 raw materials. She must i © ovortd |75 A1l her requirements A cotton, iron and cop “(8) With her con { population it ix doubt! a1 developm dra | rawn vivid language tells anger blazed when dreaded subpoena.” had become very about Marshall's order and red that the Chief Justice t to enforce it.” Accord- Jefferson himself e force against the of the na- But no attempt to to appear at Rich- the ient received Ur lance of During ),000,000,( efferson was ever made, and the entire sde ended with Burr's acquittal on treason_charge. The President's with Marshall did not vanish, and in his ensuing message to Con- gress Jefferson urged the House to “hief Justice. 1095 ) | ning la balance {lire. During this | from the nd 1,000,000 of lire: s to sa. from America re yorts to this co eve that one redito i the 1,000,000 ¢ xi Unite a new ted to economic your be fruitf SAVINGS DEPOSITS MORRIS PLAN BANK Under Supervision LJ. S. Treasury 1408 H ST. N. W. L the “wealth ich has a ) the econc - / v The Degree of Degrees No matter what depth of degree the mercury registers, escape its chill in one of these gar- ments. Each combines to the highest degree those four overcoat essentials—warmth, com- fort, style and appropriateness. Choose today at Sidney West's from two complete lines of OVERCOATS Hand-Tailored London-Tailored by Stein- Bloch by Jos. May & Sons, Ltd. The Balmore 7he Hamilton 50.00 50.00 Just a few moments of your time today mean days, weeks and months of pleas- ure from the wear of an overcoat of topmost value. Be fitted today with Sidney West precisenessin one of them Exclusively at Sidney West 14th and G Streets N. W. et rae o assists him v thy endeavors A Complete Showing of Par-Kerry Overcoats E are as concerned with the “boiling-down” of price as with the building-up of quality. Resulting in a very superior line of Men’s Shoes, full of appealing shapeliness as well as satisfying comfort and service— At Ten Dollars Arthur Burt Co. 1343 F Street tion the rv jon ha princ to collect in ¢ there are two the capacity itry from its people »v, and, second, the ihe money so collected in nal o to the creditor n the currency of the latter. For real protection '55 In Par-Kerry single and double-breasted styles. Comfortable, warm and sturdy. Exceptional value. Royal Par-Kerry S0 Big coats for blustery days of winter. In splendid cloths tailored in the Royal Par-Kerry shops at Fashion Park. country Made Heavy “In order to Sacrifices. ow to the Ameri commission Ttaly’s capacity to pay i these two regards, there has been pr pared and submitted to the American commission a documentation of 2 monographs, composed of material gathered along scientific lines by the most prominent Italian statisticians amd economists. These monographs show: “(1) Ttaly'’s burden in the war was equal to 30 per cent of her total na- tional wealth. She lost 652,000 men and 458,000 of her youths were dis- abled. “(2) Italy received mo valuable col- onles out of the war. “(3) Italy’s share of reparations is 10 per cent, as against 62 per cent al-