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Court-Martial of Billy Mitchell, The (1955)
Jimmy, how are you?
Billy, it's good to see you. Admiral Sims, General Mitchell. We've met. Mitchell, you know Admiral Gage? We've exchanged correspondence. This is Commander Landsdowne of our lighter-than-air service. His dirigible will patrol the area during maneuvers. I know the commander. General Mitchell. I'd like to clearly state, Billy, that I'm extremely and utterly impartial... in your dispute with the navy. That's why the general staff assigned me... to decide whether to allow you to carry out this mission. I assume you have no objection to me. I wouldn't want a fairer judge. Very well, then. Admiral, will you state the navy's position? That battleship is the primary target of our maneuvers. The air service believes that it can be sunk by aerial bombardment. The navy denies this... and asks that they be allowed to sink it with naval gunfire. Why does the navy feel the ship can't be sunk from the air? That ship was once the pride of the German navy-- the battleship Ostfriesland. The British called her "the unsinkable Dreadnought." Are you aware of these facts, General? Yes, sir. Would you care to fly back to Langley Field? I'll show you exactly how I intend to sink her. Yes, I'll be glad to. Gentlemen. What'd you think of that? All hits or near misses. Quite impressive. We'll send that scow to the bottom in nothing flat. Somebody's burning! Someone's burning! Look! He's burning! Call out the crash truck and the ambulance! Why doesn't he use his parachute? We have no parachutes. [ Siren Wailing ] [ Siren Continues ] [ Coughing ] Are you all right, Bob? Yeah, I-- I guess so. I'm a little singed around the edges. Here. What happened? It's that fuel line. I smelled gas in the cockpit when I took off. Why'd you go up when you knew something was wrong? General, if it isn't one thing, it's another. Today it was that fuel line. Yesterday it was an oil pump. And last week I almost lost a wing. And yet I'm luckier than a lot of the guys. Now you see, Jimmy, why I need money so badly. She certainly could use some improvements. But that's not an impressive weapon, any way you take it. It can be. Come here. I'd like to show you something. Halt! Sentry, this is General Guthrie. Give me a hand, will you. Where'd you get those? I had Ordnance make it up for me. One ton of cast T.N.T. You're not trying to tell me that your planes can carry a 2,000-pound bomb. Of course they can. They'll sink the battleship as though it were a tin can. Let's be realistic, Billy. A 2,000-pound bomb is not practical under wartime conditions. Maybe you'll get it in the air, but never to the target. That's exactly what I want to do. Give me a chance, and I'll show you it can be done. On a staged exhibition, maybe, but never in combat. How high do you want to fly? I'd like to come in at a thousand feet. You know as well as I do that anti-aircraft will knock down any planes lower than 5,000. Anti-aircraft? In a real fight, our pursuit ships would be in there strafing their decks. I have to be realistic in this, Billy. After all, we have performance figures on our guns. But the airplane is an unproved weapon. I'll prove it to you if you'll let me. One of these days, half the world will be in ruins from the air. I want this country to be in the other half. If I sink that ship, we may have a real air force. Where's the money coming from? There's not enough to go around for the army and navy now. Forget them. The next war will be fought in the sky anyway. No war is won until a bayonet is put to the throat of the enemy. The foot soldiers won the last war, and they'll win the next. In the end, it's the infantry who will lead the way. Yes, and we'll blast the road for them. Your attitude isn't helping your case any. I'm sorry, sir. Well, then, let's forget the next war. I'm in a war right now. My boys are dying every week... in these obsolete, moth-eaten, antiquated flying machines. Let me get in there and prove that we're entitled to live. Billy, this test is supposed to simulate wartime conditions. If you come in at a low level... and drop a bomb too big ever to be practical, you're simply staging an exhibition for your own purposes... and you'll give the wrong impression. Now, in order to be fair to both sides, I'm going to give you two cracks at her. But you'll have to come in at 5,000 feet and carry only the thousand-pound bombs. Five thousand feet? Why, that'll rig it all in favor of the navy. I'm sorry. Those are your orders. Have you a car available to take me back? Yes, sir. I'd like somebody to tell me... why the taxpayers of this country should throw their money away... on a useless military toy called the airplane. The theory is, Senator, it might come in handy in time of war. War is a serious business, Congressman Reid, and it's got to be taken seriously. The taxpayers don't want their money wasted on a lot of silly kite-flyers. One six-inch naval gun is worth the entire air service. Exactly, and I think it should be reduced to its realistic proportions-- an entertainment unit for holiday parades and state fairs. [ Laughing ] If we have another war, Senator, I hope you fight it personally. Gen. Mitchell has signaled, requesting permission to commence bombing. Has he reported his altitude? He's at the [ Bombs Whistling ] [ Explosions ] [ Laughing ] He didn't even scratch her. I knew he couldn't sink her. Sink her? He didn't even touch her. - After all, the British fleet couldn't sink it. - I knew he could never do it. General, I want new orders for tomorrow. In what way? I want to use We've been over that before. Request denied. You're dismissed, gentlemen. But, Jimmy, with 2,000-pounders... I don't have to hit the ship. Water concussion will blow her bottom out. I can prove it. A 2,000-pound bomb is an unrealistic weapon. Make your run as before. I'm not going out there and make a fool of the air service... in front of and the world press. You will carry out your orders. Let's-- Let's postpone the run. Let me off the hook till I can figure something out. I think it would be most unfortunate if you were to sink that ship. What? Twice during my lifetime this country's gone to war... with an army untrained, unequipped and unready. I don't want to go to war that way again. But I might have to if you can make Congress believe this country can be defended... by airplanes alone. You will attack from 5,000 feet with 1,000-pound bombs. Good day, Billy. Go on, go on. What's going on, boys? We've been talking. What about? We've come to the conclusion... that we're just not getting anyplace. I see. And? And... there just doesn't seem to be any future, sir. Everything seems kind of hopeless. So we've decided to ask your advice... if we should resign from the service. You want me to tell you to quit flying? Sure, the planes are no good and-- and the pay is small, but 20 years from now San Francisco will be just a few hours from New York, and New York will be a bombing run from Berlin. The whole-- The whole world will be in the air. [ Airplane Passing Overhead ] Go ahead and quit if you want to, but don't ask me about it. [ Buzzes ] Oh. Billy. Come in. Oh, I-- I didn't think you'd gone to bed yet. I'm sorry I woke you. Go on back to sleep. No, no, come in. Billy! What are you doing in Washington? Well, I-- I didn't mean to disturb you. I've just been driving around, thought you might be up. I'd better go. Don't be silly. Can I get you anything? No, thank you, Margaret. [ Chuckles ] I wouldn't be very good company tonight. You look tired. Why don't you sit down. I'll get you a glass of milk. I know how you feel, Billy. It was tough luck about the ship. Well, it's not only the ship. The whole thing has fallen apart. My boys came to me tonight. They want to quit. All of them. I'm not surprised. We all get a little discouraged at one time or another. I've been thinking maybe I've been wrong about everything. Maybe men weren't meant to fly. That doesn't sound like you, Billy. When I got to be a general, I thought, Now I'll be able to do things, change the whole works. But they're out to stop me. There's always a bigger general. [ Scoffs ] General Yesterday. No, thank you, Margaret. I really don't care for anything. You go back to bed, and I'll go where I belong. Now, Billy, drink this and relax. You can't possibly sleep the way you are. Sleep? [ Chuckles ] There's a little job I have to figure out for tomorrow-- how to sink a great, big, steel-covered, unsinkable battleship... when my commanding officer has made it impossible. You can't blame Guthrie for that, Billy. He's just going according to rules. That's the way we all have to work-- by the book. You know that. Sure. We go by the book. Suppose some other country throws away the book. Then where are we? I've got to open their eyes to what can happen. I've got to sink that battleship. You can't do the impossible. I can try. Zach, will you call Langley Field, ask for Russ Peters, tell him to get the boys up and say I'm on my way back there now. Now? Oh, can't you wait till morning? No, there's-- there's something I've got to do tonight. And you know what? I'm scared to death. But Zach'll tell you that's normal for a flyer. Billy, what are you going to do? You'll hear about it. Don't forget that call, will you, Zach? Good night, kids. Good night, Billy. Night, Billy. What is this all about? I don't know. Call came from Washington. What's up, General? There's been a change in orders, boys. We go in at low level today with 2,000-pound bombs. Hey, now you're talkin'! That's more like it! When do we start? How did you work it, General? Never mind. Get the ordnance men out and start loading. General. Is this really on the level, sir? Did new orders really come through? You heard what I said, didn't you? Yes, sir. General. This is a strange time of night for orders to come out, sir. Are you sure you're not just doing this on your own? Don't you worry about that, Russ. You just get out there on the field and get those planes ready. Okay? Yes, sir. What are they doing? They're dropping down for a low-level attack. But that's against the rules! Did you authorize this? Absolutely not. [ Shouting ] [ Explosions ] [ Bombs Whistling ] [ Explosions ] How was that for a military toy, Senator? [ Laughing ] [ Airplanes Passing ] "General Mitchell's whole course has been so lawless, "so lacking in reasonable teamwork, "so indicative of a personal ambition for his branch of the service... "at the expense of everyone with whom he is associated... "that his actions render him unfit for a high administrative position... "such as he now occupies. "The secretary of war hereby directs... "that Brigadier General William Mitchell... "be relieved of his command in the air service... "and be assigned to duty at Fort Sam Houston, Texas. "To accommodate his new duties, General Mitchell will revert to the rank of colonel." Would you excuse us, gentlemen? Progress is necessary... in an army, Billy, but you've first got to have an army. There's no progress... if your officers are undisciplined. I put my star on the line for something I believe in, and I lost. Your contribution is on record, Colonel. It won't be lost. I hope not, sir. But there's more at stake than me. It's the air service. It's a new weapon, a big one. The biggest in the world. Put me down another step. Make me a captain, sir, but let me stay in the air with my boys. [ Sighs ] Sorry, Billy. Anything else? No, sir. It's not so bad in Texas, Billy. I've been there. Yes, sir, General. Without a doubt, your fort ranks at the top of the list... of the military establishments we've visited on our tour. That's right, General. That's mighty fine of you gentlemen. A little more, Congressman? No, thank you, General. There's a request I'd like to make though. Certainly, Mr. Reid. There's one of your officers I'd like to talk to. Could I see Col. Mitchell? Mitchell? Why, of course. I'll send for him right away. No need to take him away from his duties. I just want to say hello. If somebody could show me where he is, I can find my way back. Why, of course, of course. It is recommended... that said shed be located within 20 yards of the machine shop... and be of sufficient capacity... for the storage of spare parts as well. Suggested dimensions are-- Thanks very much. I'll find my way back. Frank! What are you doing here? I'm on a junket. Thought I'd drop around, see how you are. [ Chuckles ] Well, I lost my stars, but I still have all my buttons. Gee, I'm glad to see you. How are things in Washington? Give me the news. There hasn't been any since you left. Sergeant, take these to Major Anderson. Tell him they're okay. Yes, sir. How are all my boys? Have you seen them? The ones that are left are all right. Have you seen Russ Peters? I haven't heard from him lately. He's all right. He's better off than you are. This climate must remind you of your Philippines campaign. Nobody's shooting at me here. The heat should be great for your malaria. I haven't had a chill all summer. Say, Frank, do you know if the army's ordered any of those new Ford Tri-motors? I know. No. They're a wonderful airplane. Isn't there something you can do about it? They won't listen to me. What areyou gonna do about it? All I can do. I'll write another letter to headquarters. I write one every day. Sometimes two. Ah. Billy, they just put up a new building in Washington for letters like that. It's built in the shape of a wastepaper basket. I'm the man that can fill it. It's disgraceful what they're doing to you, Billy. You may not know it, but you've got plenty of friends, and I'm speaking for all of them. Give us the word, and-- I'm sorry, Frank, but politics and the army don't mix. All right, if you can't tolerate politics in the army, how about outside the army? Why don't you quit and run for the Senate? Wisconsin would elect you. You could take your father's old seat. He was a great senator, and you'd be every bit as good. With you in the Senate and me in the House, we'd squeeze an air service out of them that'd blacken the sky with planes. I'm not a politician, Frank. I don't want to turn the air service into a political football. Besides, how would I look in a winged collar and a frock coat? I'd look great, wouldn't I? Billy Mitchell, I don't know why I bother with you. You won't do anything that makes sense. We're both professional men. You work by your rules. Let me work by mine. Some rules. It's the same set of rules that has your boys falling out of the sky in flaming coffins. They're dying by those rules. But at least they go quick. You're just sitting around here rotting away. [ Chuckles ] I must be too stupid to understand the military mind. I guess you have to be born with one. [ Door Opens, Closes ] Well... so long, Billy. Don't get writer's cramp. Sergeant, cancel my reservation to Milwaukee. Yes, sir. Check the train schedules to Washington, D.C. I'm taking my leave there. Good afternoon, sir. How do things look today? Not very good, I'm afraid. Now, listen here. For two weeks I've been trying to see General Pershing, and for two weeks you've been telling me to come around again in a couple of days. I want a definite appointment with the general, and I want to talk to him today. I'm sorry, sir. General Pershing has been very busy. If I may suggest you try some other department-- You told me that before. And I've tried. They've all referred me back here. Gen. Pershing is the only one who can help me. Colonel, a great many people want to see the general. You must realize his time is extremely valuable. I'm here to try to save lives, not time. And if you'll forgive me for saying so, Colonel, I think the lives of flyers are equally as important as the general's time. Gen. Pershing has an important staff meeting scheduled for the remainder of the day. Thank you, Colonel. You're welcome, sir. Hello, General Pershing. I'm glad I ran into you. I have nothing to say to you, Billy. [ Doorbell Buzzes ] Billy! Hello, Margaret. Well, there's been a few improvements. Including you. You're prettier than ever. How's Zach? He's fine. He'll be home later. Oh, my, it's good to see you again. We've missed you. And needed you. I'll set another place. Can't stay for dinner. I have to catch a train for Texas. We heard you were in Washington. I tried to drop around sooner, but I couldn't get off the flypaper. I hope our army is as invincible in the field as it is in its offices. Yes, I know. Zach's been after the navy department... about theShenandoah. They want him to take it to Detroit, to a state fair. Is that old river cow still around? [ Door Opening ] Hi, honey. Hello, darling. Billy! Gee, I'm glad to see you. I called the club. How are you? You're looking great. Feeling fine. Except for a couple of sore feet and a slightly sore head. Yeah, I heard. It's a shame. How do you happen to be home so early, Zach? Orders came through. What orders? We're taking theShenandoahup in the morning. Oh, no! It'll be all right, honey. Don't worry. But you said you wouldn't take her up again. I did everything I could. I kept arguing till the order came through. You can't stop now. You said you'd never take her up this time of year. Honey, I've got my orders. I'd understand if it were a war or even a maneuver, but they're just doing it for publicity. The publicity's supposed to make Congress vote us money. Please tell him not to go. You're the only one he'll listen to. Margaret, please-- Don't worry about it, Margaret. It's a lousy balloon, but it'll have a good crew aboard... and a good skipper. Besides, if the navy's not worrying about it, why should you? Look, I've got to run now. I'll be back for another crack at Washington in a few months, and we'll-- we'll have a real reunion then, hmm? Do you have a car outside? No. I'll help you flag a cab. Good-bye, Margaret. [ Zach ] Be right back, honey. [ Door Opens ] How bad is theShenandoah? In this weather, it's a deathtrap. Then why do you take it up? I've got my orders. You could disobey them. Are you out of your mind? No. But you are, if you follow orders that send you and your crew to your deaths. Billy, you know better than that. If I refuse to go up, then I'm relieved of command and get a general court. Someone else takes her up. What have I accomplished? At least you'll have brought attention to the fact that the flight is unsafe. That isn't the point. Drawing attention to it isn't gonna save the men. And I'm better qualified to fly my ship than any replacement would be. Zach, don't you see? If you refuse to take that thing up, there'll be such an unholy row that it might never take off. Yeah, maybe. But why should I stick my neck out... on the improbable chance that they might ground the ship? No, it doesn't make sense. What's your neck compared to the whole future of aviation? How much are you doing for the future of aviation buried in Texas? Never mind about me. We're talking about you. Mm-hmm. Well, there's not much I could do... if I were court-martialed and dismissed from the service. There'll be no service left... unless people know how bad things are, unless it's shown to them. You must think that over. I don't have to think it over. I've got my orders. This flight has been studied out. They're taking a calculated risk. "Calculated risk"? Uh-- You're staking the lives of your crew... to protect your career in the navy. Oh, hello, Billy. Sit down. Sit down. Terrible thing, thisShenandoahbusiness. It's all over the front pages. Makes all the services look bad. Tough enough getting recruits as it is. What did you want to see me about, Billy? I request the general's permission... to attend the funeral of Cmdr. Zachary Lansdowne at Arlington Cemetery. Was he a friend of yours? A close friend, sir. Why, sure, sure. Go ahead. Emergency leave granted. Thank you, sir. Oh, wait a minute, Billy. You're one of those flyboys yourself. I don't know how headquarters is reacting to this. Public opinion may be running very high. Reporters running all over the place... covering the funeral and asking questions. Better let me get a confirmation from Washington... before you take off. May I ask the general's permission to withdraw my request, sir? You mean you don't want me to get a confirmation? No, sir. Whatever you say. Thank you, sir. ???? [ Radio: "Tea for Two" ] Heard the news? Those planes making the nonstop to Mexico are reported lost. [ Tuning Frequencies ] Where'd you get that? My gunny says he heard it over the radio. How does he know they're lost? He didn't know. That's all he told me. Wait a minute. [ Tuning Continues ] [ Announcer ] We interrupt this broadcast... to bring you a news bulletin. In the greatest disaster in aviation history, six planes en route from San Diego to Fort Huachuca have crashed. The flight was composed of members of the famous Billy Mitchell squadron... which, in 1921, bombed and sank the battleshipOstfriesland. Ground parties have been dispatched... to the rugged mountain area near the Mexican border... to search for possible survivors. We now return you to our program. ???? [ Orchestra ] I've asked you gentlemen of the press to come here... because I want to make a statement. Flying is a very dangerous business, and a normal amount of accidents are to be expected. But these recent disasters... of theShenandoah... and the planes of the army of the Mexican flight... are outside the range of normal accidents. I would not be keeping faith with my dead comrades... if I kept quiet any longer. These-- These accidents... are the direct result of-- of incompetence, criminal negligence... and the almost treasonable administration of our national defense... by the navy... and the war department. That is my statement. Well, that's sure somethin'. Is this off the cuff? You want us to print it? It's a statement for publication. Baby, is this gonna blow some brass tops off. Would you mind initialing that? Colonel, my editor's an ex-army man. He may call you to verify this. Do you mind? No. I don't know anything about army procedure, Colonel, but couldn't you be court-martialed for this? That's exactly what I want. Colonel Mitchell? Major. By order of the secretary of war, you've been placed in arrest, sir. I've been ordered to serve on you the charge sheet and court-martial papers. Thank you. I'm instructed to tell you that you're restricted to the Washington area. You will remember at all times that you are in arrest and deport yourself accordingly. I understand, Major. Report to the office of the adjutant general by noon tomorrow, where your quarters will be. Is that all? Yes, sir. Now that that's over, will you gentlemen join me in a cup of coffee? Thank you, sir. I really don't quite-- That's okay, Major. Carry on. Mitchell. Good morning, General Guthrie. I don't suppose it's occurred to you to resign. Resign under fire? Not a chance, sir. I must say I'm sorry, Mitchell. Sorry for the army. Good afternoon, Colonel Mitchell. Hello. I'll send it right up. Welcome back. It's good to see you again, sir. Thank you, Phil. Can I have my old room? It's ready for you, sir. Excuse me. You're Col. Mitchell, aren't you? Yes. I'm Lt. Col. White. I've been appointed your defense counsel by the judge advocate general. I'm glad to see you. Come up to my room. We can talk there. Fine. I assume, sir, that you've been served. Got them right here. I don't think there'll be much for you to do. It's an open-and-shut case. Is it? Oh, yes, I'm guilty. Definitely. You'll plead guilty? No, I guess I'll have to plead not guilty if I want my day in court. You mean, you, uh-- you did it deliberately? I had to make somebody listen to me. You chose the hard way, Colonel. I know it, and I haven't got a chance, but I want to go through with it anyway. Sound crazy, don't I? No, sir. No, I, uh, I think I understand. Have the members of the court been announced? Just came through. I saw General Guthrie downstairs. So did I. What does he have to do with it? He's been appointed the president of the court. Who are the other members? [ Chuckles ] A regular who's who of the army. "Maj. Gen. George L. Irwin, Gen. Slade, Gen. Graves, Gen. Ford., Gen. Douglas MacArthur, Gen. Bolling." There's not a flying officer among them. Sir, have you considered taking on a civilian counsel? You're entitled to one, you know. Could use the heavy artillery, huh? Well, honestly, sir, I don't think we can afford to overlook any possibility. Big name? The biggest possible. I've never had to go outside the army before. Why, Col. Mitchell! It's so good to see you again, sir. You look as well as ever, Mrs. Sturges. Is Congressman Reid in? Yes, he is. Go right in. Thank you. Hello, Frank. Billy! It's about time you showed up. Well, you finally did it. You kicked 'em where it really hurts. I'm proud of you. I hope you're here for the reason I think. Gonna let me handle this? You're stuck with me. I've been counting on it. Been preparing since you got in your jam. I'm ready to go to court tomorrow. Let's see what section they've thrown at you. I thought so. Article 96, the catch-all clause. Covers everything from kicking a horse to kissing a sergeant. "Conduct prejudicial to the good of the service," my eye! This is the way I see it. We won't wait for the court-martial to start in on us. We'll open up on them first. We'll call a press conference, we'll issue a statement, blast the navy out of the water. Then we'll take on the general staff of the army-- No, Frank, no. What's the matter? I don't like it. I don't want it. I won't fight that way. This is what you've been fighting for all these years-- a chance to get recognition for the air service, to tell the people about the importance of air power. You haven't changed your mind about that, have you? No, I haven't. I want a new air program and a new air service. But I don't want to wreck the army to get it, or the navy either. I don't understand you, Billy. In a fight like this, it's all or nothing. [ Sighs ] I don't see it that way. I see. You want to kick the army in the pants, but do it politely. All I want is a chance to tell the whole tragic story... of this country's air defense. All I want is my day in court. And that's exactly what you'll get-- one day, with Gen. James Guthrie as president of the court. Have you heard about Guthrie? What do you think I do around Washington, warm a chair? What can I do? Challenge him for prejudice and kick him off the court. I'll not be a party to anything that casts aspersions on the integrity of an officer. [ Scoffs ] 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... 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 by his friends, so I'll stay for the funeral. Come on, Colonel. Ah, why don't I give up? What am I struggling for? If we could only get one witness on the stand... to punch one air disaster into the record, we'd punch a hole in the dike. Impossible. Margaret Lansdowne. It's against procedure. It's perfect. It's the other half of our case. Don't you see? It wasn't only the army Billy accused. It was the navy too. The navy wouldn't listen to Lansdowne... any more than the army would listen to Mitchell. Perfect justification. Mr. Reid, the court has ruled repeatedly on this. They won't allow her to take the stand. The widow of a naval hero? Huh. When the papers print her story... and spread it in headlines across the country, no court on earth can refuse to put her on the stand. I'll see you in court tomorrow. Mrs. Lansdowne? Yes. I'm Congressman Reid. I know. I've seen your picture in the papers. May I come in? I know what you're here for, sir, and my answer is no. I'm sorry. May I talk to you a minute, please? If you wish. Do I understand you correctly, that you... don't want to testify for Col. Mitchell? That's right. But why? You must have a reason. I wish you'd tell me what it is. I'm sorry. I can't. May I sit down, please? I don't think we have very much to say to each other, Mr. Reid. I think we have quite a bit to say. Please? All right, if you don't want to tell me, I won't ask you why you don't want to testify. Maybe you have a reason. Maybe somebody got to you and convinced you not to talk. Maybe you think you ought to protect somebody. I don't know, and I don't care. But one thing I must know though. Please don't think I'm impertinent, Mrs. Lansdowne. - I assume that you loved your husband. Am I right? - Of course. All right. And you know that he died fighting for a cause. Yes. That his sense of duty was so strong... that he took up a ship that he knew was unsafe... and that he fought in every way possible to keep grounded. - How do you know all this? - That's immaterial. I'm trying to tell you that Billy Mitchell... is fighting the same fight your husband fought. And if your husband were alive today, he'd be right in there with Billy helping him in every way he could. [ Crying ] Please, I wish you wouldn't. The only way to avoid such needless, futile sacrifices as your husband made... is for the people to know the truth. [ Crying ] Billy Mitchell has staked his entire military career to get it to them. And I know that your husband would want you to help him. [ Sniffling ] You know he would too. Mrs. Lansdowne, may I ask why you have waited until now... to spread this tale in the newspapers? - Nobody asked me before. - And who asked you now? It was my own decision. As I understand it, Mrs. Lansdowne, you and Col. Mitchell have been close friends for a long time. That's right. Isn't it possible that you came here to aid an old friend... at the expense of the exact truth? - I object! - Sustained. Very well. You say, Mrs. Lansdowne, that Col. Mitchell did not ask you to testify here. That's right. Did someone else ask you? Yes. Who? Congressman Reid. Congressman Reid? And did Congressman Reid suggest... that you tell the story as it actually happened, or did he perhaps suggest that you emphasize elements in it... which would prove favorable to Col. Mitchell? I object! I object most violently... the suggestion that I suborned this witness. I am only trying to find out why this witness-- You are trying to imply that I put pressure on Mrs. Lansdowne... to come here and perjure herself. I think, sir, that my reputation in the Congress of the United States-- - I am not impugning your reputation. - Order in the court. Allow me to rephrase my question. Prior to your appearance here, was pressure brought to bear on you? Yes. Very strong pressure. Well. [ Spectators Murmuring ] Suppose you tell us about it. - I was told not to testify. - Not-- By whom? I'd rather not say. Go ahead. Tell them. Tell them who told you not to testify. Some friends of my husband-- naval officers. - Objection! I withdraw-- - Let her speak. Let her speak. Tell the court what they said. [ Guthrie ] Just a moment, Mr. Reid. Mrs. Lansdowne, you're making a very serious charge. Are you telling this court that you were approached by naval officers... who asked you to withhold information? Yes, sir. Tell the court who they were. I object! This is irrelevant and-and immaterial! Objection overruled. I would rather not identify them. They thought they were doing it for the good of the navy. - What did they say? - They said it was the duty of a navy wife... to protect the service at all costs. Didn't you agree with that? Yes. They told me that my husband was a naval hero... and that I owed it to his memory... not to drag his name through the mud of a trial. Then what made you change your mind? Because I realized... that by telling the truth, I would be doing my duty to the navy and to Zach. If Zach were alive, he would be here to testify for Col. Mitchell. I am testifying in his place and telling the truth. He tried everything. He wrote letters, made phone calls, protested to everyone. He knew it wasn't safe to take that ship up. On the last day, I drove out to the mooring mast with him to say good-bye. Everything was ready for the takeoff, but he kept delaying the departure. He was waiting, hoping for some last-minute word from Washington. We walked to the communication shack together, and he asked the chief on duty if a message had come for him. There was none. And when the ship was ready, he kissed me good-bye and climbed into the cabin. He waved to me through the window once, and then he gave the order to cast off. I never saw him again. Zach and his men were sent to their deaths by indifference! Zach was too young to be insubordinate, too young and too brave to save his own life. I see no need of prolonging your appearance here. Thank you, madame. You are excused. The prosecution moves that Mrs. Lansdowne's testimony... be stricken from the record as irrelevant... and as a violation of the court's previous ruling on justification witnesses. The defense considers Mrs. Lansdowne's testimony to be of extreme relevance. Moreover, I request the court to reconsider... its prior ruling about justification witnesses... and allow the defense to call the witnesses whom it has previously requested. In my opinion, the entire court should vote on this objection. Court will be closed. [ Bailiff ] Stand up! Sit tight. Keep your fingers crossed. Thank you. I'd say that this changes the whole picture. I don't see how. She's just an emotional woman. Emotional or not, I think we ought to listen to her... and to anyone else who may have pertinent testimony. I agree with MacArthur. Well, I don't. We're here to try Mitchell for insubordination. We're not here to listen to a lot of wailing about the navy... or to hear people try to justify his behavior. You just said it. We're here to try Mitchell. And to give him a fair trial, we have to listen to every bit of evidence... whether or not it's technically called a justification. Did you hear what that girl said about theShenandoah? Suppose other witnesses had equally positive testimony. The trial would go on for weeks, and the publicity would be bad for everybody. Well, that's the chance we have to take. The whole foundation of our legal system and of our country... rests on the right of a man to defend himself, on his right to use every means to defend himself. He may be wrong, but at least he's entitled to tell his story. And the minute we forget that, we're in grave danger. I mean that, gentlemen. Very grave danger. I agree wholeheartedly with General MacArthur. Anybody else have any thoughts? I haven't. No. I think not. Then I suggest we vote on it. [ Guthrie ] Court will come to order. Under the 31st Article of War, it's the court's ruling... that the motion to strike Mrs. Lansdowne's testimony is overruled... and that the defense may proceed with its witnesses. [ Spectators Chattering ] Order in the court. - Are your witnesses present? - Yes, sir. One witness, Mr. Reid, will not be here. The president has declined your kind invitation to appear at this court. The defense wishes to thank Mr. Coolidge... for his gracious consideration of our request. Our other witnesses, however, I'm sure, will compensate for his absence. [ Man ] Major Hap Arnold. Major Arnold, how many pilots have we lost in peacetime flying? The total is 517, sir. That is from January 1919 to date. How many of them met their deaths in modern planes? In machines built since the war, To your knowledge, Major, have there been any recommendations... made to the general staff with respect to safety measures for the air service? Yes, sir. Dozens of them, most of them by Col. Mitchell. Do you know what became of them? Yes, sir. They've beenfiled. [ Spectators Murmuring ] Captain Rickenbacker, will you tell the court... how many enemy planes you brought down in the last war? Yes, sir. Twenty-six. Approximately how many hours did you spend flying over enemy lines? About 300. Now, based on your experiences in the World War, I should like to ask you three questions. First, is it proper to send an aviator up without a parachute? It's suicidal. It's like sending a man to sea without a life preserver. Second, what is your opinion of the aircraft presently being used by our flyers? The graveyards around our airfields prove their worth. Third, do you happen to know what the aviation rank of the United States is... in comparison with other nations? According to the latest information I have, we're now in eighth place. [ Spectators Murmuring ] Thank you, Capt. Rickenbacker. Your witness. Would it surprise you to know, Captain, that the latest official reports contradict... most of your so-called informedstatements? I wouldn't be surprised at anything in the official reports you refer to. I would be surprised if anybody believed them. No further questions. Major Spaatz, what is your present military assignment? I am chief of the tactical unit section of the training command. Now, Major Spaatz, can you inform this court... as to how many planes our armed forces presently have for combat purposes? Yes, sir. Nine. But the War Department carries on the army list That is technically correct, sir. But of that number, which are obsolete and of little serviceable use. And the remaining 400? were flown in France in 1917... and have not been modified or improved since. And the remaining 69? Sixty are used for training purposes. That leaves nine for use against a possible enemy. And of that number, not one pursuit ship is equipped for wartime service. So you believe the organization of the tactical unit of the air service... is being retarded by the War Department. - I do. -Thank you, Major. Thank you very much. Is it your experience, Mr. La Guardia, as a member of the Congress, that younger officers invariably want to carry out the wishes of the general staff? Well, let me put it this way. When the army testifies before Congress, it operates like a self-greasing axle. [ Spectators Laugh ] Thank you, Congressman. Your witness. Mr. La Guardia, is it true you made a speech in New York... in which you said Col. Mitchell is not being tried by a jury of his peers? - That is correct. - By what logic do you arrive at the conclusion... that general officers in the United States Army are not equals to Col. Mitchell? That's easy. Their feet are stuck in the mud. [ Spectators Laugh ] Not one of them has ever flown in an airplane. Isn't it possible, Congressman-- having flown a plane yourself-- that your judgment is clouded by the natural sympathy you feel... for another man who also flies a plane? I have no more natural sympathy for an airplane pilot... than I do for some of my colleagues in Congress. [ Spectators Laugh ] Yet you say that officers who have never flown... are not equals to Col. Mitchell. In that respect only. It's as reasonable to have them judge him... as it is for you to run for Congress. [ Spectators Laughing ] No further questions. Admiral Sims, how does the United States Navy handle its aircraft? What is its policy? Well, it has no policy. It bumps along from day to day. [ Spectators Laugh ] Does the navy consider the airplane a major weapon? The Navy Department is ignoring the airplane... in the hope that, if they don't notice it, maybe it'll disappear. [ Laughter ] Thank you, Admiral. Your witness. Admiral, how do you account for this difference of opinion... between you and your colleagues of the navy? Well, they are just not educated about the air. Surely, they're capable officers... who can inform themselves on the problems of aviation. Reading a lot of golf books doesn't make a man a good golf player. [ Laughter ] As I understand it, Admiral, you are no longer in active service. - Is that right? - Yes, sir. I am retired. But I can still think for myself, and I'd like to tell this court one thing, sir. This row on air power is not a row between the army and navy. It is a clash between men who love to fly and men who don't, men who think in terms of air power... and men who can't think at all. Col. Moreland, this Mitchell business is getting out of hand. It looks as though he's put the army on trial. Mr. President, the army has no intention of being on the defensive. You may depend on that. The prestige of our armed forces... is being affected all over the world. The sooner this is over with, the better it'll be for the whole country. I can assure you, sir, the complexion of the trial is going to change very shortly. Thank you. Yes, sir. Where's the-- [ Men ] ?? Come, Josephine in my flying machine ?? ?? Going up, she goes Up she goes ?? ?? Balance yourself like a bird on a beam ?? ?? In the air, she goes Hey, here she goes ?? ?? Up, up a little bit higher ?? ?? Oh, my the moon is on fire-- ?? Hey! There's Mr. Reid. [ All Cheer ] What's the matter with Congressman Reid? [ All ] He's all right. Who's all right? [ All ] Congressman Reid! Hello, fellas. George, bring Congressman Reid a couple of brass hats on toast. They're not very good. They're hard to digest. Give you gas. Gentlemen, I move that we appoint Congressman Reid President of the United States. [ All Cheering ] Thank you, gentlemen. I promise to move the White House into a bomber. First, I'd like to talk to my client. Where's Col. Mitchell? He's still in his room. Come on, Mr. Reid. Let's go get him. ? ?? Come, Josephine in my flying machine ? ?? Going up, she goes Up she goes ???? [ Knocking ] Yes? Billy? You all right? Me? Sure. I'm-- Just a little headache. Well, forget the party and get a good night's sleep. I want you fresh on the witness stand in the morning. Look at me, sir. Go away, Russ. I'm all right. I thought so. It's his malaria. He needs more than this quinine. I'd better get a doctor. You'll do nothing of the kind. Come back here, Russ. You can't go on the stand in this condition. I'll be all right tomorrow. I've had these attacks before. I've got to go on the witness stand. Why do you want to do it? You don't have to. I haven't testified yet. But you don't have to. We won. I haven't won, not till we get an air force. Listen. I'm listening. Frank... are you gonna put me on? If you insist. Better get that doctor, Russ. Ask him to stand by in court tomorrow. He may be needed. Court will come to order. Col. Mitchell, at this time, I remind you that under the Articles of War, you have three choices as to procedure. You may remain silent, and, if you do so, no inference will be drawn one way or the other. You may, if you wish, make a statement not under oath. Or you may be sworn, in which case, you'll be subject to cross-examination. The rights of the accused have been explained to him, and he elects to testify under oath. Do you swear the testimony you shall give in the proceedings now before us... shall be the truth, the whole truth and nothing but the truth, so help you God? I do. May it please the court, I should like to note the addition... of Major Allan Gullion to my staff. He shall conduct the cross-examination of Col. Mitchell. Who's he? One of the best legal minds in the army. I didn't know he was in Washington. And now, Colonel, as an aviation expert, as a flyer who's been highly honored by his government... for his services in war and in peace, is there something you wish to say in conclusion? As an officer in the United States Army, I had to choose between my duty to the army... and what I considered to be my duty to my country. I chose the distasteful method of inviting my own court-martial... because I felt in no other way could I focus attention... upon a desperately urgent problem. I hope I've made it clear that our country needs an adequate air force. But above and beyond that, it needs immediate consideration... for the safety of our flyers. [ Chattering ] Order in the court. Order in the court. Thank you, Colonel. I know your words will not go unheeded by the people of this country. You may cross-examine. [ Knocks ] Col. Mitchell, I've been studying your war record, and I must confess it overwhelms me. Those ribbons on your breast, sir-- would you mind stating what decorations they represent? The Distinguished Service Medal, the Distinguished Service Cross, the Legion of Honor, the Crown of Italy, the Order of Saint Michael and Saint George and the Croix de Guerre. That's very interesting, sir. Now, Colonel, to your knowledge, are you the only American officer in the army today that wears such decorations? Of course not. Many other officers wear them. I see. Now, tell me this. Have any of these other officers ever been court-martialed? Objection. That's immaterial. You needn't answer that, Colonel. I was merely trying to establish what a unique officer you are. But you are. You are very, very different... and a special sort of man. I assume, Col. Mitchell, you share with me the respect I have... for those officers in the American army... who wear as distinguished decorations as your own? Of course. They earned them. By risking their lives in combat in the defense of their country? Yes. Then why did you call such men traitors? Objection. That question assumes facts not in evidence. Objection overruled. To repeat the question, in your statement in San Antonio, why did you call such men traitors? I wasn't referring specifically to any officer. But you certainly must have had some men in mind... when you accuse the general staff of conduct that was virtually treasonable. I was thinking of the system, the system of administering air power... in the army and the navy. I see. You were speaking in generalities. Yes. But isn't it possible, sir, that many of your statements have been generalities? No, sir. And am I to understand, when you use a phrase, "guilty of criminal negligence," that you meant that? That statement was and is accurate. Negligence of the ordinary-- No. Forgive me-- Forgive me for interrupting, Colonel, but I'm sure the court would like to be clear on this point. You do then reiterate your accusation... that certain high-ranking officers in the American army are criminals. You're twisting my words. Col. Mitchell, did your public attack on the army... start after a series of accidents involving your friends, in which some of your friends were-- were killed? Yes. Isn't it possible, sir, that the sense of grief that you felt over their loss... inspired you to make your statement? It did not. Then why didn't you attack your superiors... before the accidents involving your friends? I wasn't ready. You mean you didn't think the iron was hot enough to strike? I recall no such thought. And don't you mean that you wanted to wait until you felt sure... that the newspapers would be on your side? On the side of a bigger and better air service. You consider the press qualified to influence and dictate to the armed forces? I object to this whole line of questioning as irrelevant and immaterial. The matter before this court is the facts behind the alleged offense. May it please the court. The accused is attempting to establish justification for the offense, and I'm trying to prove that there's no justification. [ Guthrie ] Sustained. Colonel, I have here original letters written by you... to the War Department over the period of the last two years. You recognize them? They're mine, all right. I've read them with great interest. I'm glad somebody did. [ Laughs ] I should like to question you about some of the statements... you make in these communications. You say here that "In future wars, "soldiers will invade peaceful lands... by leaping in parachutes from airplanes in the sky." Would you care to reveal who gave you this startling information? Nobody gave it to me. It's quite obvious to anyone with the slightest foresight. I see. Then do you mean that the chiefs of staff of the army and navy... are not only treasonable and incompetent... but are lacking in foresight as well? You said that. I didn't. [ Spectators Laugh ] Now, in this letter, you recommend that the armed forces... be separated into three branches-- the army, navy and the air force. Is that your opinion? It is. Why did you seek to divide the fighting forces of this country? I didn't mean to divide them. I recommended that they all be combined... under a single Department of National Defense... with specialists in command of each branch. And did you see yourself, sir, in the role of the specialist in command of the air force? Objection. The line of questioning up to now is a familiar one... seeking to falsely characterize the accused... by the clever manipulation of semantics. Sustained. You state here that "The army should investigate methods of protection against air raids, including alarm signals and bomb shelters." [ Chuckles ] Bomb shelters. Is it your actual belief that this country is vulnerable to attack from the air? It is my belief, if not now, at least within the foreseeable future. Col. Mitchell, do you have any idea of the width of the Atlantic Ocean? Approximately 3,000 miles. And the Pacific Ocean? I know what you're getting at, and I tell you, it won't be long before an airplane will fly nonstop across both oceans. Carrying bombs. Carrying bombs. Col. Mitchell, do you realize that your declarations, if taken seriously, could result in creating panic among the people of our country? I'd rather have the people scared than dead. [ Spectators Laugh ] Now, here's one in which you propose that the government... build an academy like West Point for airmen. What do you have against West Point? I have nothing against West Point. It's a fine school for infantrymen. There should be an equally good school for flyers. Now, in this one, you make the statement that, quote, "Airships traveling a thousand miles an hour... will fight each other in the stratosphere." Unquote. Col. Mitchell, do you have any comprehension how fast a thousand miles an hour is? Of course I do. Do you know that it's faster than the speed of sound? It's approximately than the speed of sound. Are there any airplanes today that can go 250 miles an hour? Wedon't have any. I can tell you that. [ Laughter ] But you said, sir, that they wouldn't only go but they would go faster than the speed of sound. That's correct. Well, now, would it be asking too much... if I could learn from you what crystal ball... you got these astounding facts from? Objection. The prosecutor's attempting to ridicule the witness. I'll answer that question. There is no crystal ball. Anyone with any knowledge of the air knows... that the ultimate speed of aircraft is almost unlimited. It depends only on technical developments. Amazing. Here's a letter to headquarters you wrote after a short trip to Hawaii. You say, quote, "The army and navy commands here are concerned... "principally with the question of jurisdiction. "There is so much petty bickering between them... that the Islands are virtually undefended." Unquote. [ Spectators Murmuring ] Do you consider that a proper observation... to be made by an officer about his superiors? That was written in connection with my belief... that air power will control the Pacific. It's very important that the missions of the army, the navy and the air... be-- be sharply defined. Thank you. You seem to have quite a bit to say about Hawaii, Colonel. For example, you write that... "Pearl Harbor has no adequate defense against air attack-- It hasn't. "and that a foreign power could attack... and reduce the Hawaiian Islands in a matter of minutes." Do you actually believe that? I not only believe it, if you'll look into those letters, you'll find my specific observations... on how it can be done. I was coming to that. Oh, yes. Here it is. Your letter dated December 14, 1923. I'll read this slowly and distinctly... because I want the court to know that you are second to none, that you are an expert in palmistry, table-tipping and the reading of tea leaves. I object! The prosecutor's being abusive. - Objection sustained. - My apologies, Colonel. I'll let your words speak for themselves. "Preceded by scouting submarines, "enemy aircraft carriers will lay off the island of Oahu... "at a distance of about 150 miles. "The attack will be launched in two waves and without warning. "The first wave will strike at Pearl Harbor, "Schofield Barracks, and the Ford Island airdrome... "and the naval fuel and ammunition dumps. "This attack will be followed by a second shortly thereafter, its objectives being the city and wharfs of Honolulu." [ Spectators Murmuring ] Colonel-- [ Chuckling ] Colonel, what was your condition-- What was your state of mind when you wrote this? If you mean was I crazy, the answer is no. And you still cling to this, uh, prediction? Unless we repair our defenses, we can certainly be attacked. I see. Now, there's one piece of information... I couldn't seem to find in your communications. Perhaps you could enlighten us. Does your crystal ball reveal by what enemy... this mythical attack will be made? Objection! The prosecutor is goading the witness. By whom, Colonel? By whom? Will the court instruct the witness not to answer that question? I'll answer that question. The attack will be made by the Japanese. [ Spectators Chattering Loudly ] The prosecution would like to submit these documents... as the exhibit next in order. They will be received. Col. Mitchell, what explanation the War Department... will have to make to the Japanese ambassador... is beyond the province of this court. However, now that you have said your say, now that you have done your-- your little piece, now that you have, uh, proclaimed your vision, might you not say that you have overstated your case, and, upon sober reflection, things aren't as bad as you said? Most certainly not. I meant every word of it, and I still do. Then I submit, Col. Mitchell, that you are guilty of the most flagrant disorder... to the prejudice of good military discipline. I don't agree. Col. Mitchell, is it, uh, is it your desire today to remain in the army? - It is. - And should the occasion arise in peace or war, and you thought your superiors wrong, would you rush to the newspapers... with attacks against their behavior? Objection. That question is ridiculous and outrageous. The witness is being asked to speculate on his future conduct. Why not? Why not, if the witness can speculate... on the future conduct of the world and its armies? The issue bears on the only question before this court-- Col. Mitchell's qualifications to remain in the United States Army. I'll answer that, Major. I don't know what I would do tomorrow. Then you don't know if you could behave as an army man. - I didn't say that. - Are you ready... to give unquestioned obedience to your superiors, even though you may consider their conduct negligent and incompetent? I consider myself a good soldier. Oh. Well, now, then you have changed from that William Mitchell... who denounced his superiors in Texas. - I have not changed. - Oh, then you still insist upon... your right to break an army rule. - I didn't say that either. - I am merely trying to establish... your exact feelings on the question of insubordination. Col. Mitchell, what is the first duty... of a soldier to his superior? - We've been over that. - Are you afraid of the word, sir? - What word? - The word that answers my question, in all the armies of the world, is the word "obedience." You're trying to quibble me out of the army. You know better than to call me disobedient. Col. Mitchell, why didn't you resign from the army... and conduct your campaign legitimately from a civilian position? Because I'm an army man, sir. And do you consider your statement in Texas justified? Objection. The witness is being asked to pass judgment on himself. - I'll answer. My-- - Col. Mitchell, you don't have to answer that question. Objection sustained. In view, then, of your present opinion... that your superiors are negligent and incompetent, could you give them unquestioned obedience... should you be returned to duty? I ask the court to instruct the witness not to answer that question. I'll answer that question too. You have asked me to state that I am unfit to remain in the army... because I have incurred the hostility of my superior officers. I can't admit that, and I won't. I've been wearing the uniform of the United States Army... most of my adult life, and I've worn it with pride. But if being a good soldier is your kind of good soldier, of being unable to think for himself and say what he thinks, of being narrow and blind... and insensible to a higher duty, you can have the uniform and all that goes with it. [ Spectators Chattering Loudly ] If trying to do something for your country, if fighting to correct injustice... is being a bad soldier, then I'm glad I'm a bad soldier. This issue goes far beyond being a good soldier in-- in his sense of the word. It goes beyond blind obedience... and depends on-- on a man's faith... in his knowledge of what is right. If being a good soldier is... submitting dumbly and passively to-- to injustice, indecision and complacency, then I'm-- [ Voice Breaking ] I'm glad I'm a bad one. [ Spectators Chattering Loudly ] Billy. Thank you, Col. Mitchell. That's all. No further cross-examination. The army rests its case. Does the defense wish to make a closing statement? The defense has nothing further. The court will retire to consider its finding. [ Spectators Chattering ] [ No Audible Dialogue ] Stand up when the court enters! The court will come to order. The accused will stand. Col. William Mitchell, the court, in closed session... and upon secret written ballot, two-thirds of the members present at the time this vote was taken... concurring therein, finds you, of all specifications and the charge, guilty. [ Spectators Chattering Loudly ] Order in the court. The court, again in closed session... and upon secret written ballot, two-thirds of the members present concurring therein, sentences you to be suspended from rank, command and duty... with forfeiture of all pay and allowances for a period of five years. The court is thus lenient because of your military record during the World War. The court has adjourned. Do you have a statement to make, Colonel? Will you remain in Washington? [ Reporters Shouting ] No comment. How do you feel about the army now, Colonel? The army owes me nothing. I owe the army everything. What do you intend on doing-- [ Shouting Continues ] Ten-hut! [ Heels Click ] Thank you, gentlemen. Russ. Carry on. [ Airplanes Passing Overhead ] |
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