ARMY & NAVY: Court Martial

ARMY & NAVY

The Arrest. Captain Kendall Fielder, of the headquarters staff in the District of Columbia, early one morning last week strode into an apartment building known as the Anchorage, and made an arrest. The prisoner was his friend, Colonel William Mitchell. The prison was the District of Columbia which Colonel Mitchell was ordered not to leave during the period of his court martial.

The Assembling. At the Emory Building not far from the Capitol about the same hour a crowd was assembling in the street. It was not just a street crowd, for in it were women of fashion who drove up in well appointed limousines. All comers without regard to race, religion or record in the social register were lined up in a big queue. Shortly before 10 o’clock about 100 were admitted to the building, but the rest never got any further. An officer in full uniform wearing a colonel’s insignia, jauntily swinging a bamboo cane and with a chest swelling beneath a row of ribbands, came up attended by his wife, sister, father-in-law. The crowd cheered for “Billy” Mitchell. He went into the building bowing to friends hither and yon. In the court room within were batteries of cameras, reporters, learned counsel, and a small fraction of the “public.” Promptly at 10 a. m. a grizzled sergeant rose and called “Stand up!” The crowd rose and filed the Court of twelve generals led by Major General Summerall.

The Challenges. Colonel Moreland, counsel for the Government, asked the members of the Court, one by one, whether they had expressed opinions about the guilt of Colonel Mitchell, whether they would be promoted if Colonel Mitchell should be dismissed from the service, etc. Each of the judges answered “No” to every question. It was then the turn of the counsel for the defense, Congressman Frank R. Reid of Illinois. Said he:

“I challenge, on the ground of bias and prejudice, Brigadier General Albert J. Bowley.” Mr. Reid particularized that General Bowley had addressed a meeting of (the American Legion in South Carolina and had said that the Infantry was the backbone of the Army, etc. General Bowley admitted the statement, but denied bias or prejudice in the case. The Court retired and sustained the challenge. General Bowley was excused and left the bench.

Mr. Reid promptly challenged Major General Charles P. Summerall, President of the Court, on grounds of “bias, prejudice and hostility.” The General looked shocked and as Mr. Reid continued, began to look angry. Mr. Reid read the General’s testimony before the President’s Air Inquiry Board, which declared that in his opinion it was unfair to charge that the morale of the Air Service was low or that it was inefficient. But Mr. Reid did not stop with that. He read a report of an inspection of the air forces in Hawaii made by Colonel Mitchell when General Summerall was in command there: “Under him the air forces and the whole system of defense were inefficiently handled, badly organized….” General Summerall had written a letter explaining reasons why conditions were not as Colonel Mitchell would have had them, and added that constructive criticism was welcome but that “superficial impressions and academic discussions” might result in unfair conclusions to officers and men who were working wholeheartedly in the field. When Mr. Reid finished, the General had difficulty in containing himself. He finally spoke slowly and with emphasis:

“The statements made by the defense are probably correct. I learn here for the first time of Colonel Mitchell’s enmity toward me. I had not conceived that there was any personal feeling, although I regarded the report as untrue, unfair, ignorant. This is not the place, however, to prove the efficiency of the Hawaiian air service, but in view of Colonel Mitchell’s personal bitter hostility toward me, I cannot consent to sit longer as a member of this Court, and I ask that I be excused.”

The Court retired, leaving General Summerall sitting with a flushed face. On behalf of the Court, Major General Robert L. Howze announced that General Summerall was excused. He bowed and retired.

Mr. Reid had yet another challenge in store: “I peremptorily challenge Major General Fred W. Sladen [Commandant of West Point].” No reason was given or required for this challenge, and General Sladen retired with apparent pleasure. So the Court was reduced from twelve to nine membersbefore the trial began.

At the War Department afterwards, General Summerall, much moved, told reporters: “I went to the Court this morning thinking Mitchell was mv friend and ten minutes before the Court convened he came up and effusively shook hands with me. Do you think I would have shaken hands with a man who is my enemy?

“When Colonel Mitchell was on his honeymoon, he came to Hawaii and in his vainglorious way inspected the troops there. I showed him every courtesy, gave him a car and an airplane. He and Mrs. Mitchell dined at my home and I considered him a personal friend.”

Eight Charges. The challenging of three judges took only a short time; reading of the eight charges against Colonel Mitchell took more than three hours. In each of five of th charges was repeated in full the text of a 6,000-word statement by Colonel Mitchell, and in the other three charges was repeated in full a shorter statement by Colonel Mitchell. So, over and over again were repeated the phrases which it is charged were prejudicial to Army discipline and intended to bring contempt upon the War and Navy Departments.

Jurisdiction. With the charges in the record Congressman-Lawyer Reid began a fight to throw them out, claiming that the Court lacked jurisdiction. He asserted: 1) that the charges had not been prepared by Colonel Mitchell’s immediate superior (it was brought out that President Coolidge was technically responsible for them); 2) that according to the President in a recent speech to midshipmen at Annapolis, officers are allowed the fullest latitude of speech; 3) that Colonel Mitchell’s statements were within his constitutional right of free speech. Said Mr. Reid:

“Of course, there are limits to freedom of speech; we all know that. The usual limitations are that statements must not be false, slanderous, libelous, blasphemous, obscene, immoral, inimical to the public welfare or tend to create warfare or incite to sedition. They must not corrupt the public morals, incite to crime, disturb the peace, create anarchy, teach soldiers disobedience of their command, impede or hinder the Government in its functioning.

“It is not charged, alleged or contended that the statements of the defendant are false, slanderous, libelous, blasphemous, obscene, immoral or any of the other things. The statements are not aimed against any individual. This table before the Court, or this chair, certainly could not be slandered. Any one who read Colonel Mitchell’s statement would recognize that it is a fine play of words that really mean nothing.

“We fellows in Congress expect to be roasted, but you people in the Army are not used to it yet.”

To this Colonel Moreland, counsel of the prosecution, answered:

“No one can argue that a man who maliciously shouts ‘fire’ in a theatre is protected by the constitutional guarantee of free speech.

“If these arguments advanced in behalf of the accused could stand it would mean that a private could berate his captain, a major could lampoon his colonel, with the result that discipline would vanish and the Army become a mob.”

One by one the Court disposed of these points. It filed out, considered, returned and overruled the objections. More than a whole day was spent thus.

The Plea. The proper time having arrived, Colonel Moreland asked how Colonel Mitchell pleaded to each of the eight charges and two other questions as to how he pleaded in general. In a detached monotone Colonel Mitchell replied::

“Not guilty.”

“Not guilty.”

“Not guilty.”

“Not guilty.”

“Not guilty.”

“Not guilty.”

“Not guilty.”

“Not guilty.”

“Not guilty.”

“Not guilty.”

Witnesses. Congressman Reid presented a list of 73 witnesses whom he asked be called for the defense. The list included Secretary of War Davis, Secretary of the Navy Wilbur, Secretary of Agriculture Jardine.It was pointed out that it is unusual to subpoena Cabinet officers, and Mr. Reid countered by saying personal attendance would be waived if the three Secretaries would submit documentary records.