Evening star., 1944-07-27
Appeals Court Denies
Pleas 10 End Trial Of
; Sedition Defendants
Writs Charged Trio
Hud Been Deprived Of
Counsel Of Their Choice
BY CARTER BROOKE JONES,

ny Nhn l EN- 0hOOhk JONESs
The Court Of Appeals again has
refused to interfere with the sedi-
ton trial IN District Court.
The court late yesterday denied
writs OF prohibitions asked on be-
half Of three defendants and seek
ing to compel Chief Justice Edward
G. Eicher to stop the trial or to sus-
pend the proceedings against these
defendants.
The writs were asked on the
ground that the petitioners had
been deprived of their counsel of
choice and the court had named to
defend them attorneys who had
other clients in the case, causing "a
conflict of interests" The relief
was sought for Robert Noble, Eu-
gene N. Sanctuary and Ernest r.
Elmhurst, and the three appeals
were the result, directly or indi.
rectly, of the ousting Of James J.
Laughlin as a defense attorney at
the trial.
Mr.. Laugniin filed the petitions.
Since MOBILES was presented, Justice
Elcher has eliminated him from the
trial by grannng Government mo-
ton for a severance of his case, and
this was sufficient to deny his petit
ton, the appellate court held.
Supreme Court Ruling Cited.
The Court of Appeals conceded
that the Supreme Court had held
the constitutional right of a de.
fendant to have assistance of coun.
Sci in a criminal prosecution "is de-
MED If the defendants lawyer is
designated by the court to represent
also an additional defendant and
there is conflict of interest between
the two In respect of the manner
OF trial OF the case" On the other
hand, the District appellate justices
pointed out that "a writ of prohibi-
ton does not issue as a matter Of
right unless there is no other ade-
|quate remedy" In the circum.
stances in this case, it was felt, such
writs should be denied, since they
would "unavoidably and unduly in
terrupt the criminal proceeding.
Chief Justice D. Lawrence Groner
and Associate Justices Harold M,
Stephens and Henry White Eoger-
ton joined in the opinion. 1t was
another Of several rejected petitions
to interrupt the, sedition trial in
various ways.
While Justice Eicher temporarily
appointed attorneys representing
another defendant to defend Noble,
Sanctuary and Elphurst, the court
later assigned each a lawyer with
no other client in the case. Mr.,
Laughlin was Mobiles attorney, and
had appeared Us local counsel Of
record for Sanctuary. Elmhurst
asked the services of Mr.. Laughlin.
The attorney was put out of the
case after he asked the House to
impeach Justice Eicher.
Dennis Ordered to Return.
Lawrence Dennis, another of the
25 defendants, was under order of
the court today to return to the trial
not later than next Monday morn,
ing or, Justice Eicher announced.
the court will take further steps in
the matter of securing his return. +"
Dennis, reported i'll in a hospital
at his home town of Pittsfield, Mass,
Is defending himself. Yesterday he
sent word to the court, through
Maximilian st. George, attorney for
Joseph McWilliams, that he would
be unable to appear for a week or
10 days. The medical reports were
attached to the defendants letter.
At adjournment last night, how.
ever, Chief Prosecutor o. John
Rogge told the court that District
Attorney Thomas O'Connor at Bos.
ton had sent a Veterans Admins
tration physician to see Dennis, and
the doctor had reported he found the
defendant "ambulant" and writing
letters and apparently able to return
to the trial.
On this showing, Justice Eicher
refused Dennis request to recess tina
trial until he could return. Dennis
was excused by the court last week
70 go home on personal business.
But the defendant sought to change
his absence from voluntary" to ar,
involuntary basis, which would
require postponement of further
evidence or severance of Dennis
case, which the Government an
nounced it would not consent to.
William Luedtke. former national
secretary Of the German-American
Bund, was still under cross-exami-
nation when the trail was resumed
today.
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