Evening star., 1944-04-26
Petition Asks
|Eicher 10 Quit
|Sedition Trial
l6 Defense Lawyers
Charge Bios Against
80 Defendants
BY CARTER BROOKE JONES.

~ 6StSUOQn(S
BY CARTER BROOKE JONES.
Sixteen of the % ATTORNEYS
defending the 80 persons on trial
in District Court on charges of
conspiracy to incite the armed
forces to sedition signed a petit
ton today asking the presiding
Judge, Chief Justice Edward C.
Eicher, to disqualify himself on
the ground of 'bias and preju-
dice against the defense and in
favor of the prosecution"
This petition was circulated in the
court and then handed to the
jurist during a turbulent session in
which Justice Eicher rebuked de-
tense attorneys repeatedly for in
terrupting the process of selecting a
jury with reiterated objections
which be previously had overruled.
The most disorderly session of the
10-day-old trial kept the courtroom
in turmoil Of shouted voices and
the pounding gavel OF the Judge.
Shortly before the MONDAY recess.
Justice Eicher appealed:
Il must ask counsel to accord ordi.
nary courtesy to the court"
Only One Challenge Exercised.
The business before the court,
choosing jury, was interrupted 50
constantly that only one peremptory
challenge had been exercised at the
close OF the morning session.
When court opened for the day
Edward James Smythe, a defendant,
demanded five minutes with his at
torney to confer ION matter SO
vital it will rock the Nation"
No sooner had Smythe finally
been persuaded with gayel and a
stern judicial warning to sit down
than it was discovered another de-
fendant, Lois de Lafayette WASH
burn, was absent. Court was sus-
pended while her attorney, Ira
Chase Koehne, left the court room
and tried to locate her by telephone.
While she was gone, another defense
attorney, Harry, A. Grant, told the
court he had seen Mrs. Washburn
drop her hat and run away from q
photographer as she was about to
enter the court house.
But Mrs. Washburn appeared
shortly afterward. Apparently the
reported reason for her absence was
erroneous. Witnesses outside the
court room said it was another
woman, defendant in the Hopkins
Institute case who had fed from q
photographer.
| Attorneys Faff ID Agree.
When conference of all defense
attorneys, during q 25-rninute recess,
failed to- bring agreement on the
first peremptory challenge, Justice
Eicher divided the challenges into
groups of three defendants, for the
entire 80 must share 10 CHALLENGES.
With the first juror in the box to
be excused, Sol L. Kasdon, stepping
aside, the court qualified Edwin K.
Rabbit, Al, of 4345 Nebraska avenue
NE, employed by the Internal Reve-
nue. Bureau. Various defense attor.
neys tried futilely to challenge Mr..
Rabbit for cause on the ground
that he works for a Federal law en-
forcement agency.
The petition to disqualify Justice
Eicher was left with his clerk in
front of the bench. 1t was not dis
cussed in open court.
Conference ON Challengers,
With nine men and three women
seated tentatively in the jury
box as today's session opened,
the court insisted, with repeated
pounding, that the regular order of
the trial be followed-the beginning
Of peremptory challenges. A dozen
defense attorneys were on their feet
seeking to present objections, but
the court refused to hear them at
this time
Chief Prosecutor o. John Roggs
then announced that the Govern
ment would refrain from using its
first peremptory challenge at this
time.
The court called on the defense
for its first challenge and a brief
recess for conference among the
% attorneys representing the 80 de-
PENDANTS was allowed.
AS soon as court convened today,
Smythe asked for the conference
with his attorney, James j. Laugh
lin.
Prosecutor Rogge tried to speak,
and Smythe kept interrupting.
will you sit down, Mr.. Smythe,"
the court ordered.
Il ask a conference of five min
utes with my attorney on a matter
so vital it will rock the Nation" the
defendant shouted back.
Marshals Rap Furiously.
Deputy marshals raped furiously
but Smythe persisted: "I haven't
been able to confer with him for a
week"
Justice Eicher asked Mr.. Laughlin
if he had been able to talk to his
(see sEDITTON, Page A-5D
|