Evening star., 1944-09-06
Sedition Lawyer
ThreatenedWif|l
Jail Sentence
Thompson Rebuked
After Rogge DispIoys
Swostiko Flags
BY CARTER BROOKE JONES.

ny NANA EN- ONOOAL JONLSs
Chief Justice Edward c. Eicher
after threatening to send Claude A.
Thompson, defense attorney, to
jail on contempt of court charges
deferred ruling when the lawyer
assured the court he had no such
intent.
The controversy arose when Chief
Prosecutor o. John Rogge displayed
to the jury large swastika flags
taken by the F3I at German-A Amer
ican Bund headquarters in Los An
geles. Mr.. Thompson, who repre-
sents Hans Diebl and Herman Max
Schwinn, identified as bund leaders,
declared that if the court allowed
these flags to go before the jury, 1t
would be one of the greatest abuses
OF judicial discretion In history.
Justice Eicher sent the jury from
the room and asked Mr.. Thompson
II he had any reason to give why
he should not be punished for con-
tempt. When the attorney spoke of
possible fine, the judge, who fined
Mr.. Thompson earlier in the long
trial, said that if he were held in
contempt, this time it would not
be a fine.
Appointed by Court.
The court feels that you have
Intentionally and deliberately i'm
peded the progress of this trial,
that you have gone far beyond your
duty as counsel in this case and an
of1cer OF this court" Justice Eicher
said.
Mr.. Thompson pointed out that
ne had served as defense counsel
for months without compensation
since he was appointed by the court,
and felt he had walked upon the
mountain ranges of the law"
I never shall be called a Stacker"
the attorney added, nor shall I
bow my head in intimidation to
any man, whether it be this hon.
orable court or the prosecuting at
torney. No man shall say Claude
Alexander Thompson of Virginia is
yellow"
MIR. Thompson added that he had
fought for two accused Germans.
confident that "a German or a
Jap or Hottentot could get a fair
trial IN this country"
Contempt Denied.
Disclaiming any contemptuous at
titude toward the court, Mr.. Thomp-
son said that If the Judge insisted
on sending him to prison, he had
no recourse.
Justice Eicher said that in view
OF that statement he would defer
his ruling.
Earlier today Mr.. Thompson had
engaged in row with Mr.. Rogge
over the latter's assertion that an
IL. Fry" to whom letters in evidence
were addressed, was IAN agent of
Hitler" who presided at an anti
Communist meeting attended by
several defendants.
The verbal fireworks were set of
when MIR. Thompson asked Mr..
Rogge who IL. Fry" was.
so far as we know" the prosecu-
tor replied. "Fry was an agent of
Hitler"
Don't you know" demanded Mr..
Thompson, that Mrs. Fry was an
agent Of the Authorization
League?"
Latimer Accuses Rogge.
The prosecutor said he did not.
He added that all he knew was l..
Fry presided at an Communist
meeting held at bund headquarters
in Los Angeles Mr.. Rogge added
that the defendant, Charles E. Hud-
son, and others attended the con-
vention.
j. Austin Latimer, attorney for
George E. Deatherage, accused Mr..
Rogge of mentioning the name of
that defendant in connection with
the Los Angeles meeting. Mr.. Rogge
denied this and at his request JUS
tice Eicher had the record read.
1t did not mention Deatherage.
Il know he did mention Death
erage," Mr.. Latimer shouted, and
moved for mistrial.
Denying the motion, Justice Eicher
ended the argument by striking
from the record the remarks CT Mr..
Thompson and Mr.. Rogge. The
court admonished them not to ques-
ton each other or comment on
what the testimony had shown.
The IL. Fry" letter, predicting
civil war with "the Jews and the
Communists" on the West Coast if
strikes were not settled, purportedly
was written by defendant. Frank
w. Clark, as president Of the Ma
tional Liberty party.