LEGAL SPARRING

Hawera Star, Volume XLV, 31 October 1925, Page 11

LEGAL SPARRING

THE MITCHELL CASE. TESTING THE PROCEEDINGS. EFFORTS OF THE DEFENCE. by cable—press association -copyright. Received Oct. 31, 1.10 p.m. WASHINGTON, Oct, 30. General Mitchell’s defence indicated that he might demand that President Coolidge and Mr Davis, Secretary for War, appear in court to give testimony. This followed -a development through testimony that both having ordered the courtmartial, were General Mitchell’s accusers. Since Mr Coolidge, as President, was also General Mitchell’s court of last resort, having the final decision as to the sentence, they might test the legality of the procedure in the United States Court of Claims and the Supreme Court, through a suit involving General Mitchell’s pay if he were dismissed from the service. The decision of the court-martial was that procedure in the trial was legal because it was called for by President Coolidge, but the defence is exerting every effort to baulk the proceedings on the grounds that they are wholly irregular. Technical proceedings involved a clash over a recent statement made by General Mitchell. The prosecution declared that they were too voluminous to handle easily, for which the defence was responsible. The defence replied that the deplorable condition of national defence was responsible.—A. and N.Z. Assn.

THE COURT ADJOURNS. Received Oct. 31, 11.20 a.m WASHINGTON, Oct.' 30. General Mitchell entered a general plea of not guilty on all charges of official misconduct, for which he will be tried, after which the court adjourned until November 2 for the purpose of examining and preparing further witnesses.—Aus.-N.Z. Cable Assn.