Evening star., 1944-08-06
.EI1lIlursf Files
100000 Suit
Against Eicher
Men Sedition Case
Defendant Detained
WronefuIly,' He Soys
By CARTER BROOKE JONES.

WronefuIIy,' He Soys
By CARTER BROOKE JONES.
Ernest r. Elmhurst, a defendant
In the sedition case, fled suit In
District Court yesterday against
Chief Justice Edward G. Eicher,
asking 100000 in damages. The
said Elmhurst was forced
during the trial by two deputy mar
shals to 60 to the presiding judges
chambers, where q futile attempt
was made to induce him to give Sc
cret testimony against himself and
against James j. Laughlin, ousted
defense attorney.
Mr.. Laughlin drew up the suit
for Elmhurst, who Is at liberty
under bond.
The complaint said that during
the noon recess of the trial July IL
the two officers "wrongfully and
without authority of law" detained
the defendant as he was leaving
the courtroom and compelled him
to 60 upstairs to the judges cham
bers.
Justice Eicher, it was recited, at
tempted to induce Elmhurst ITO give
testimony against himself" in the
case, and tried to persuade
them ito make untrue allegations
Of fact" against Mr.. Laughlin. The
Judge also was said to have allowed
Chief Prosecutor o. John Rogge to
question the defendant, "in viola
ton of his constitutional rights"
Says Rogse Aired "Artifices."
Mr.. Rogge was charged with try.
ing, with the approval Of the judge.
'by various articles and designs" to
put words in the mouth" Of Elm
hurst, with view Of conveying the
that he was the tool
of Mr.. Laughlin in civil action
Elmhurst had brought against his
former attorney, Ira Chase Koehne;
Mr.. Rogge, and Special Prosecutor
Joseph w. Burns. That suit charged
conspiracy to sabotage" Elmhurst's
defense.
Justice Eicher was said in the
complaint to have directed the court
stenographer to withhold the record
of the star chamber" proceeding.
so that it would not appear in the
of the trial.
After the alleged effort to induce
Elmhurst to give certain testimony
failed, the complaint added, the
defendant was commanded not to
divulge anything that occurred in
chambers.
Mr.. Laughlin, the document ex.
planned, had been ''wrongfully ex-
pelled" from the sedition case be-
cause ne filed a petition in the
House asking the impeachment Of
Justice Eicher for "misbehavior in
office"
Sanctuary Asks Mistrial.
Another of the 26 defendants.
Eugene N. Sanctuary, 1t was learned
yesterday, has filed a motion with
Justice Eicher asking q mistffat or,
IN he,I, dismissal or severAnDe Of
his case because the trial assertedIy
has proceeded with adequate de-
fense denied him Sanctuary's at
torney. Henry H. Klein, New York,
walked out of the trial July in
protest against the treatment he
alleged he had received from the
court. The attorney is resisting
before the United States commits
sioner in New York an attempt of
the Government to bring him back
to Washington to face Justice
Eicher on bench warrant charging
contempt of court for "deserting"
his client.
Justice Eicher appointed Marvin
Bischoff to represent Sanctuary.
Sanctuary protested, declaring If he
could not have Mr. Klein he wanted
Mr.. Laughlin. The defendant has
refused to confer with Mr.. Bischoff
or have anything to do with him
during the trial.
Elmhurst Spurns Attorney.
Elmhurst. also seeking the serv-
ices Of Mr.. Laughlin, who had rep
resented Robert Noble and Edward
James Smythe before his custer,
was ordered by the court to accept
w. Hobart Little. Elmhurst like
wise protested and would not discuss
his defense with his court-appointed
counsel.
While Justice Eicher made it clear
that Sanctuary and Elmhurst could
employ any lawyers they chose, he
also insisted that they be repre-
sented by the attorneys he desig-
mated until other arrangements for
their defense were submitted and
approved.
The two appointed counsel ex.
planned during the trial that the
refusal of their clients to cooperate
in any way put them in difficult
position. The judge said he realized
that, and he asked them to carry
on as best they could.
Eicher Ruling Due Tomorrow.
When the mass trial is resumed
in District Court tomorrow, Justice
Eicher is expected to rule, early in
the session, on the admissibility of
200 Government exhibits considered
vital to its conspiracy case against
some of the defendants. He studied
the documents and the legal cita-
tions submitted by counsel over the
week end.
Justice Eicher, meanwhile, an.
swered in District Court yesterday,
through his attorney, another suit
brought by Mr.. Laughlin, In the
name on the United States, to re-
cover for the Government the SAL
ary paid the chief justice since he
took Office. together with punitive
damages, because he does not live
In the District.
Justice Eicher's attorney, Joseph
B. keenan,, asked dismissal of the
suit, contending there was no legal
basis for 1t. While the United
States Code does require q Federal
District judge to live in the district
he serves, Mr.. keenan, stated, the
District code, which prevails here,
does not mention the residence Of
s,,L Y,,~ Ill. H.