Evening star., 1944-05-06
Sedition
Continued From First Page }

who Is defending one Of the seditior
defendants. William Dudley Pelley
former leader of the Silver Shirts,
said he had explained to a group
Of attorneys. including Mr.. Laughlin
an inquiry into Justice Eicher made
before the trial. Mr.. Powers said he
had tried many cases in foreign"
jurisdictions and it was his custom
to look into the judge beforehand to
see whether his client was likely to
receive fair trial.
Made Through Unnamed Client.
Mr.. Powers testified the investi-
CATION was made through a client
who was prominent in Democratic
politics in Eastern Iowa and knew
the jurist and former House mem
Der. Mr.. Powers said the client had
asked that his name be held in con-
fidence.
II learned that Justice Eicher had
little criminal law experience" the
witness said. II learned he wa.
appointed to the District bench by
President Roosevelt. Judge Eichel
had filled in various places which
the President needed some one tc
fill.
HE was put on the bench here
my client informed me, because the
President was dissatisfied with the
District bench. The President re-
garded this bench as a lot of prima
donnas and he wanted some one
who was more acceptable to the
White House"
Later in his recital, Mr.. Powers
said: MY client told me that
Judge Eicher had informed the
President he did not want an ap-
pointment to the District OF Column
bia bench. that he preferred an ap-
pointment in Iowa, where he was
more at home and the climate was
better. He was asked by the Presi-
dent as a personal favor to take
the appointment as the President
had a particular piece Of litigation
coming up in this court and wanted
somebody to handle 1t who was ia
vorable to the New Deal"
Law Abstruse in Such Cases.
Mr.. Powers said he had not want
ed, in the first place, to waste "a
SIC, 900 legal education" on a Judge
who did not understand the law of
this case. The attorney said he had
tried another sedition case and had
found the. law governing such a
prosecution one Of the most abstruse
on the statute books. He had consid-
cred, when he came to Washington
a motion for a change Of venue, or
a severance for Pelley or, as last
resort. an affidavit Of prejudice
against Justice Eicher. The other
defense attorneys told him there
was not a chance to get any OF
these motions considered and he
would have to 60 to trial, Mr.. Rw-
ers said.
Mr.. Laughlin, in anocner line of
inquiry aimed at showing his reluc-
tance at moving to disqualify JUS
tice Eicher from the sedition case,
called Ellis o. Jones, defendant, who
is representing himself at the sedi-
ton trial.
Mr.. Jones, who said he was grad
uated from Yale in the class OF
1899, testified that he had wanted
to retain Mr.. Laughlin to defend
him and had not done SO because
the lawyer refused, before the trial
to file motion of prejudice against
the judge. Mr.. Laughlin, said the
witness. referred to Justice Eicher
as "a fine old gentleman" and said
he had a great deal of confidence
In him.
Meanwhile, the sedition trial was
in recess. reset for Monday, though
it appeared fairly certain today that
the case would not 60 ahead even
then. For Justice Bailey gave Mr.
Laughlin until Monday to file a brief
and Justice Eicher has indicated he
will not resume the sedition trial
until the contempt citation Is dis
posed Of