| Show I I i I Mitchell Target 1 1 I i w Major General Genera Fred W. W superintendent of the United States mili military ary academy at West WestPoint WestPoint WestPoint Point who was excused from the military court to try Colonel William William Wilham Wil Wil- liam ham Mitchell after t the e latter had objected at the opening days day's hearing Wednesday 4 4 I COURT MARTIAL MUST PROCEED Board Overrules Colonel Mitchells Mitchell's Immunity I I Plea on Free Speech w WASHINGTON Oct 29 AP AP- AP Colonel William WilHam Mitchells Mitchell's plea of Immunity from military trial on the charges charges' pending agai against s him was waS' overruled today in the gep ral cO al fI I 5 The The courts court's law officer ruled that when hen Colonel Mitchell Mitche charged war and naY navy department officials with criminal and almost treasonable treasonable treasonable treason treason- able conduct conduct in administering the theair theair theair air services he Ie e committed an an offense of of- I tense against military discipline and could not take refuge from I pu- pu punishment sl ment In the constitutional guarantee of free speech as he had sought to do IMMUNITY FAILS Freedom of speech does does not mean immunity in uttering ring criminal criminal criminal crimi- crimi crimi crimi- nal matter continued Colonel Sherman Moreland Moreland trial judge advocate ad ad- d- d In a military case the test testas testas testas as to criminality or wrongfulness is afforded by the the determination whether the statement is prejudicial to good order and military pline If U it It is prejudicial it is criminal The conclusion of law that the first amendment to the does not protect the maker of a statement prejudicial to good order and military discipline is supported by every consideration n of common commonsense commonsense commonsense sense and manifest necessity Congress in the article of war has denounced the uttering by persons subject to military law of I statements prejudicial to o good order and military e. e QUOTES WINTHROP WINTHROP Our leading writer on mil military tary law la Winthrop says that the he general genral gen gen- eral ral article the covers makin making making mak ing in or causing publication In n newspapers news newspapers news news- ws- ws papers pamphlets etc of strictures upon the acts or conducts official l lor or personal of other othe officers or upon the administration of the army Upon the same page Winthrop Winthro cites a t letter Jetter from the adjutant general generl l t to the general department of Texas d dated ted April 29 29 1890 In Jn which publications similar to these In this case are declared to be be- because e cause for trial by general hal Representative Reid Red In a short reply to Colonel Moreland declared He not have made a n. better defense for Colonel Mitchell 1 if it he had T K If lf all 11 that the distinguished Judge ad advocate has said ald Is true said Mr Reid then the Js IS s greater than God himself The he court then left the room to decide dedde the question of jurisdiction n. lYe We will show that these fiends shut up in In a a. a drawing room loom with the the defenseless girl wounded her from her cheeks to her ankles until the blood flowed Cox shouted We will show how that these marks inflicted on Madge by these fiends became becane Infected and caused blood poisoning in their victim An An examination of Miss Ober Ober- holtzer Cox said showed she had been assaulted Mrs Eunice Schultz a roomer at atthe atthe atthe the home Identified Klenck as th the man who carried the girl into the house af after after after af- af ter the return from Hammond Whenever Gentrys Gentry's name was mentioned In the testimony he sat up rigid in his chair Klenck re remained remained remained re- re expressionless as a statue Stephen Stephenson on was paler than usual and kept his head lowered making a pretense of taking notes He carefully carefully care care- fully avoided catching the glance of the parents of Miss 1 |
