Evening star., 1944-07-25
Eic|1er Refuses
1oSubpoena
Nye Records
Senator Denies
He Has Sedition
Case Evidence
BY CARTER BROOKE JONES.

Nye, Republican, of North Dakota
to produce at the sedition trial in
District Court certain alleged records
reported by defense attorneys to
show the innocence OF the 26 de-
PENDANTS.
Denying a motion by Ira Chase
Koehne, representing three Of the
accused, Justice Eicher disclosed he
had received telegram from Sem
ator Nye denying he had such
records.
The Senator said in the message
that press reports indicated de-
PENDANTS were alleging he was with
holding evidence tending to prove
the innocence of the defendants. !"
He said he had mo evidence to sup
port either the innocence or guilt of
defendants
Then let him state that under
OATH" said Mr.. Koehne, "and take
the consequences. He has made the
statement in the Senate that he did
have such evidence"
Judge Denies Subpoena.
The ruling of the court" Justice
Eicher replied, lis that at this stage
of the trial the subpoena will be
denied"
Mr.. Koehne's motion for sub
poena requiring Senator Nye to pro-
duce the asserted records had been
pending some time.
Mr.. Koehne commended Senator
Nye told the Senate there was docu-
mentary evidence showing none of
the defendants had engaged in any
conspiracy to undermine the 10y
atty of the armed forces, with which
they are charged, but that their
only activity was political in nature
and the Department of Justice de-
clded there was no case against
them until the pressure of certain
Jewish interests forced the indict-
ment.
Mr.. Koehne is defending Lois
de La Fayette Washburn. Howard
V. Broenstrupp and Frank w. Clark.
At the close of the direct testi-
mony of William Luedtke. former
national secretary of the German
American Bund, Special Prosecutor
Joseph w. Burns asked the witness
If there was any change in the Or
ganization after Pearl Harbor.
Made Singing Society.
ut was continued as a singing
society,"" the witness explained.
About a week after Pearl Harbor.
Luedtke testified, August Klapprott,
deputy national leader. defendant,
said at Bund meeting in Brooklyn
that the Bund as such would no
longer be in existence. but the sing
ing society would continue as here
tofore.'
What was the singing society to
do?' asked the prosecutor.
1T would carry on the same ac-
tvities as the bund had the wit
ness explained.
Lueotke said Fritz Kuhn. a for
mer national bund leader, had told
bundists early in the European war
that if their organization ever was
outlaWed they should continue it
as a singing society.
After the outbreak of the war in
1889, Luedtke testified. Kuhn in
structed that emphasis be placed on
keeping the United States neutral.
I'VE were to work to keep this
country out of war with Germany"
the witness added.
Luedtke, who has been on the
stand, though not continuously, for
weeks. faced cross examination from
more than 20 attorneys
Given 18-MOnth Sentence.
The first cross-examiner, William
A. Gallagher, attorney for Herbert
Max Schwinn and Hans Diebel.
brought out that the witness in 1912
was sentenced in the Federal Court
for the seventh district in New York
to 18 months.
Luedtke said he pleaded guilty in
connection wit the bund" and
served his time at Danbury, Conn.
What part of the sentence did
you serve?'
"All of it." said Luedtke, with
deductions off for good behavior. +"
The witness admitted. in response
to further questions, that he tes-
titled for the Government in a num-
ber of trials in 1943.
What attitude the Army would or
could take if there were a counter
revolution in this country against
Communism and whether it would
have to obey a President guilty of
treason to the state was discussed.
In a propaganda bulletin placed be-
fore the jury today as Govern
ment exhibit in the sedition case.
Burns Presents Exhibit.
The exhibit. read to the jurors by
Mr.. Burns, was one of the Vigilante
Bulletins assertedly circulated by
Robert E. Edmondson, defendant
and it said Army officers privately
were quoted as saying they did not
see how they would be able to avoid
obeying presidential order giving
instructions to put down any gentle
counterrevolution against Commu-
nism."
Dennis in Hospital.
Justice Eicher awaited a medi-
cal report on the condition OF
Lawrence Dennis, defendant
before deciding whether to re-
cess the trial for a number of
days. Mr.. Dennis sent word to the
court yesterday that he was in a
Pittsfield, (Mass) hospital suffering
from an infected hand and might
be away a week or 10 days and did
not want the case to continue with
out him. Chief Prosecutor o. John
Rogge planned to have the de-
fendant examined by q physician
detailed by the United States dis
trict attorney at Boston.
Several other defendants were
absent from the trial, but all on a
voluntary basis. with the courts
permission. They are under bond,
and their attorneys are protecting
their interests as the case proceeds.
Defendants have obtained the