The Court-Martial of Billy Mitchell Page #5

The old school tie, huh?

The army took me in

when I was a raw kid.

It taught me everything I know.

I'm not at war

with the army.

Billy Mitchell,

you're not talking

like your father's son.

That great old man would be

fighting with everything he had

to get a fair trial.

I'm being court-martialed

by officers of

the United States Army.

I'll get a fair trial.

Unless you believe that, Frank,

don't take the case.

All right.

You've handcuffed me,

but I'll try to get you off.

If I do,

it'll be quite a trick.

This looks like

a warehouse.

Itwasa warehouse.

Last night

they converted it

into a courtroom.

[ Photographer ]

Just one second,

Colonel, please.

Thank you.

Good morning, Colonel Moreland.

I see we're tangling again.

Yes.

Well, good luck.

It's a fine place

to hide a trial.

I would say they want

as little public attention

as possible...

for your day in court.

Colonel Mitchell?

My name is Carlson.

I'm reporter

for this court.

George Carlson.

Yes?

My son served

under you.

He was shot down

over the Argonne.

Do you mean

Glen Carlson?

Yes, sir.

Well, I'm very glad

to meet you.

Glen was a fine boy.

Looked a lot like you,

as a matter of fact.

I've always wanted

to thank you for

the letter you wrote.

It was such

a great comfort

to us.

I wish I could've

done more.

Well, I'm sorry

about all this.

I'd just like to say...

Stand up when

the court enters!

good luck.

The court

will come to order.

Colonel Moreland.

The prosecution is

ready to proceed

with the trial...

ofThe United States

against William Mitchell,

Colonel.

Whom does the accused

wish to introduce

as counsel?

As counsel,

the Honorable Frank R. Reid,

and as associate counsel

the regularly appointed

defense counsel,

Lt. Col. Herbert A. White.

Before this court

is sworn,

I would like to state

that it will be conducted

as a military tribunal.

I expect

the fullest cooperation

from both sides...

to bring it to

the speediest possible

conclusion.

The trial judge advocate

will now swear in the court

and read the charge.

"Further, that the accused

did conduct himself...

"to the prejudice

of good order

and military discipline,

"and in a way

to bring discredit upon

the military service.

"Further, that the accused,

"with intent to discredit

the administration

of the war department,

did make a statement highly

contemptuous and disrespectful

of said administration."

Colonel Mitchell,

you have heard the charge

and the specifications.

How do you plead?

Not guilty.

[ Spectators Murmuring ]

The prosecution

may proceed.

The prosecution

does not desire to make

any opening statement.

If the court please,

I wish to withhold

my opening argument...

until the government

states its case.

However, we intend to

show that Col. Mitchell's

statement was justified...

by the deplorable conditions

in the army and navy.

Justification

is not an issue here.

This is a very simple case.

Did or did not the accused

make the newspaper statements

attributed to him?

- If he did, he's guilty.

- Not if the statement's true.

We want a--

You will have an opportunity

to develop that point later,

Mr. Reid.

The trial judge advocate

will call the first witness.

The prosecution

calls Carl Tuttle.

Carl Tuttle!

Mr. Tuttle, are you

the author of this article...

which contains

an alleged statement

by the accused?

Yes, sir, I am.

At this time I ask

that this newspaper

be received...

as the prosecution's

exhibit number one.

It will be

so received.

Now, Mr. Tuttle,

who gave you this statement

which later appeared in

the columns of your newspaper?

Col. Mitchell, sir.

And it was printed exactly

as he gave it to you?

Yes, sir.

Where did Col. Mitchell

give you this statement?

In his office

in Fort Sam Houston.

How did you happen

to be there?

Col. Mitchell telephoned

my editor and asked him

to send over a reporter.

No further questions.

Does the defense desire

to cross-examine?

Mr. Tuttle,

did your paper

make any effort...

to find out the truth

or the untruth of

Col. Mitchell's statement?

Yes, sir.

I was put on the story.

What did you do?

I called up 50 officers

in the various branches

of the service...

and asked their opinion--

Objection.

This is hearsay.

Sustained.

Did the 50 officers

you interviewed all agree...

that the conditions

in the army and the navy,

as described by Col. Mitchell--

Objection!

This is irrelevant

and calls for a conclusion

on the part of the witness.

Sustained.

You must stop when you hear

the court's ruling, Mr. Reid.

I'll put the question

another way, General.

The question

is irrelevant

in any form.

The court directs you

to confine yourself to evidence

permissible under its rulings.

Col. Moreland,

call the next witness.

The prosecution

calls Howard Millikan.

Mr. Millikan, did your paper

receive any letters from

your readers in this matter?

Yes, many.

What would you say

was the general tone

of these letters?

Objection.

Question is irrelevant.

Sustained.

Were your readers

shocked?

What was their feeling

about Col. Mitchell and his

devotion to his country?

Objection.

Question is immaterial.

Do not answer,

Mr. Millikan.

Mr. Reid, my patience

is nearing its end.

My belief

in military justice

is also nearing its end.

We have a right to prove

the defendant was justified

in saying what he did.

In a military court,

Mr. Reid,

there is no justification

for disobedience,

insubordination or treason.

I don't agree,

General.

It's one thing when a man

accuses another of being

a murderer without cause.

- It's something else

when he can prove it.

- I object!

Mr. Reid

is arguing his case.

The issue here is,

did the accused make the

statements attributed to him?

And did he make them

without authority?

On this point,

uncontradicted proof

has been presented.

And on this point,

the prosecution rests.

[ Spectators Murmuring ]

[ Guthrie ]

You may step down.

Is the understanding

of the court correct?

The prosecution has

no further witnesses?

That is correct, sir.

The defense may summon

its first witness.

[ Whispering ]

We got anybody

on deck?

No.

I had no idea

they'd finish so quickly.

If it please the court,

witnesses for the defense

are still en route.

They're not present

in Washington?

The brevity

of the prosecution's case

has upset our timetable.

These witnesses

should be standing by,

Mr. Reid.

That would've been difficult

for most of our witnesses,

because they're officers

in the armed forces...

and need special permission

to leave their posts.

Who are these officers?

"Major H.H. Arnold,

Major--"

Just a moment, Mr. Reid.

What would be the nature

of these witnesses' testimony?

- To prove the truth

of Col. Mitchell's statement.

- The prosecution objects.

The truth or falsity

of Col. Mitchell's statement

is not an issue here.

Was this Major Arnold

present...

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