The Court-Martial of Billy Mitchell Page #6

when the accused made

the alleged statements

to the press?

- No, sir,

but he'll prove justification.

- Objection.

- The court has already

ruled on that issue.

- Sustained.

Who are

your other witnesses,

Mr. Reid?

"Major Carl Spaatz,

Capt--"

Objection!

May I see that list,

please, Mr. Reid?

"Captain E.V. Rickenbacker,

"Congressman

Fiorello La Guardia,

Admiral William S. Sims"?

Were any of these people

present in Texas

at the stated time?

No, sir, they were not.

Then, I regret to say,

they're inadmissible.

Without them,

I haven't any case.

Then the court

will stand adjourned...

and give you time

to prepare one.

[ Spectators Murmuring ]

What do you think

about the day's doings,

Col. White?

It's court

procedure.

My dear friend,

that's not a court.

A man's allowed to

defend himself in court,

even a triple murderer.

They're operating

under army rules,

Frank.

You stay out of this.

I got to figure out something,

or we're through, licked.

No way of changing

the procedure, Mr. Reid.

You call that

procedure?

[ Chuckles ]

The accused is permitted to

give his name and address,

then off with his head.

We'll get our innings.

We'll get nothing.

You don't have a chance

if they don't let us try to

prove you were justified...

in making

that big pronouncement

of yours.

It's like refusing

to allow a defendant

to present an alibi.

I'll give them

what you call my alibi.

I'll testify and give them

my story in full, for the court

and for the whole country.

And I'll bring up

all the justification

there is.

You're talking through your hat.

You be asked, "Did you make

that statement? Yes or no?"

Am I right, Colonel?

That's right.

Colonel, what do you think

the chances are...

of our getting

one justification witness

into this trial?

Nonexistent.

If they let one on the stand,

they'd have to let them all.

Then I've got to stall

till I can get an idea.

Do you know

what a filibuster is?

When a politician can't

think of anything to say,

he talks.

I'm going home and gargle.

And now,

if the court please,

I ask permission

to read into the record...

newspaper comments

concerning this trial.

These are editorials...

which have been

printed in newspapers

from coast to coast.

I wish at this time

to have them entered...

as evidence

for the accused.

What is your purpose,

Mr. Reid?

Are you seeking to delay

the proceedings

of this court?

I believe public opinion has

a bearing on the deliberation

of this court.

Objection.

Irrelevant

and immaterial.

Sustained.

You are obviously addressing

the ears of the press,

Mr. Reid.

You are instructed to make

your publicity statements...

outside the precincts

of this courtroom.

[ Clears Throat ]

I have here...

a copy of theManual

of Courts-Martial,1921.

It states that under

the procedure governing

trial by court-martial,

a charge having been made

must first be referred...

to the immediate

commanding officer

of the accused,

and, thereafter, the person

who preferred the charges,

together

with available witnesses,

shall appear before him,

and the accused shall then

be given a chance to defend

himself before that officer.

The court is aware

of all that.

You're referring

to paragraph 76-A

of theManual.

Well, if

the trial judge advocate

is aware of that clause,

I ask why this opportunity

was never afforded

to Col. Mitchell.

I ask the name of the officer

who preferred charges

against Col. Mitchell.

That name is not

presently available.

It shouldn't be

so hard to find.

Wouldn't he be Col. Mitchell's

immediate commanding officer

at Fort Sam Houston?

- Not necessarily.

- Then according to

the chain of command,

wouldn't he be the commanding

general of the core area

in which Col. Mitchell served?

That need not be so.

Well, then he'd certainly

be the chief of staff

of the army, wouldn't he?

He would not have to be.

Well,somebodymust have

preferred these charges

against Col. Mitchell.

And since we can't

seem to locate him,

I'm left no alternative

but to name the one officer

in the army...

who's the commander

of every soldier serving

under the American flag.

I name the president

of the United States.

[ Spectators Murmuring,

Talking ]

Order in the court.

For the court's convenience,

I have prepared here

a subpoena...

calling upon President Coolidge

to appear before

this tribunal...

and to testify as to

his personal knowledge

of the facts of this case.

I call upon the court

to issue this subpoena

and have service made upon him.

This will be considered

in closed session.

Court will adjourn.

[ Spectators Chattering ]

[ Man ]

Congratulations, Frank.

Congratulations.

[ Overlapping Dialogue ]

[ Knocking ]

It's open.

Morning.

I'm disappointed.

I thought it would

be President Coolidge.

[ Chuckling ]

Had your breakfast?

Yes, thanks.

They're all

in a dither.

Who's that, Colonel?

The newspaper boys.

That Cal Coolidge thing

has them all agog.

The newspapers

aren't gonna help us.

They're good for

crying at a funeral

or a... hanging.

They've never yet

stopped one.

Hmm.

[ Knocking ]

Come in. It's open.

Gentlemen,

we can make a deal.

A what?

A compromise.

Now, this isn't official

yet, but my connections

assure me...

that if you'll retract

your Texas statement, they'll

pressure the War Department...

into letting you off

with a reprimand.

I have a draft

of a statement here

I think they'll accept.

Can I see it?

Hey, this isn't bad, Frank.

In fact, it's very good.

Dignified, no crawling.

Oh, "I errored

through overzealousness."

That's fine.

Excellent.

Have you got a moment,

Billy?

I can't do it.

How's that?

I can't retract

what I've said.

For heaven's sake, why not?

You only said it

to get your day in court.

You found out you can't have

a day in court where you're

allowed to prove anything.

So you're

losing nothing.

The trial isn't over yet.

Maybe I'll get a chance

to say what I've got to say.

What are you expecting,

a miracle?

Day after day, you've

sat in that courtroom.

You know you'll

never be allowed

to open your mouth...

on anything other

than the charges

brought against you.

Don't be a fool, Billy.

This is no good. Get out

of it while you can.

I can't think of myself alone.

There's all the rest of them.

There's the whole future

of this country in the air.

I've got to go on with it

while there's any chance

this trial will break open.

And you must go on trying

to win for me, Frank.

I never said I'd win for you.

I hoped I'd get you off.

That's just what I've done.

I've saved your career for you.

I've made it possible for you

to stay in that precious

uniform of yours.

That's the best I can do.

That's the best anybody can do.

Now sign this.

I can't do it,

Frank.

[ Pen Clatters ]

As I don't believe

in miracles,

I should tell you to get

yourself a new lawyer.

But I do believe a man

should be buried

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