Evening star., 1944-06-13
Sedition Trial
Defense |njects
High CourtCase
Cites HortzeII Ruling
In Seeking to Bon
Propaganda Evidence
By CARTER BROOKE JONES.


The Supreme Court decision hand
ed down yesterday in the Hart
zell Espionage Act case was in
jected today into the District Cour
trial of % persons accused of un
dermining the morale of the arme
forces.
The high tribunal ruled that ma
terial introduced in evidence in tn
trial Of Elmer Hartzell in Los An
geles was improperly admitted.
Defense Attorney Ben Lindas, Il
District Court here today, referre'
to the case when he sought to hav
eXpunged from the record, mailing
lists of persons to whom the de
PENDANTS in the present trial ar
alleged to have sent Seditious liter
ature.
James J. Laughlin. representing
two of the 29 defendants in tn
trial. said that the Supreme Cour
decision in the HartZell case showed
that the high court lis not goins
to be stampeded into placing it
stamp of approval upon conviction
resulting from mass hysteria."
We've got this case licked" Mr.
Laughlin told reporters.
Eicher Considers Motion.
Chief Justice Edward C. Eichel
took under consideration the de.
fense motion to expunge the mailing
lists from the evidence.
The Hartzell prosecution was
under the Espionage Act of 1917 ane
the present case is being brought
under an act of Congress passed ir
1910 expressly forbidding acts un.
dermining the loyalty of the armed
forces or intended to affect theil
morale or incite mutiny.,
Some confiscated japanese propa,
ganda, seized at Pacific Coast port
in 1941, was addressed to Mrs
Eleanor Roosevelt, the White House,
defense attorneys brought ou
from documents showing that thou
sands of prominent Americans
were on mailing lists for printed
matter ruled "nonmailable" by tht
Post Office Department from Ger.
many, Japan, Russia and Is other
countries.
Many on Mailing List.
The particular piece of mail ad.
dressed to the Presidents wife. ane
destroyed along with tons ofsathel
foreign propaganda was fAhN oi
the Japan Times of Tokyo. a no.
tation on the voluminous indie,
compiled in Los Angeles showed
this, but the Governments identi.
flying witness, Henry j. Nord, deputy
collector of customs, said there was
nothing on the entry to indicate
whether Mrs. Roosevelt had ordered
the paper or it had been sent to hel
without solicitation.
Those on the mailing list of Nazi
propaganda included Justice Black
of the Supreme Court; J. Edgar
Hoover, director Of the Federal
Bureau of Investigation; James F
Byrnes. war mobilization director
Senators Bankhead, Democrat, OF
Alabama, and Smith, Democrat, oi
South Carolina; Representative
Fish, Republican, of New York, and
thousands of other public officials
educators, editors and business ex.
ecutives.
Digest Offered Jury.
Special Prosecutor Joseph w
Burns placed a code digest of the
list before the jury late yesterday te
show, he said, that members of the
armed forces and some of the 2s
defendants were addresses of Ger
man propaganda. While all thi.
material was destroyed by the posta
authorities after the customs Office
had indexed it, Mr.. Nord testified
the prosecutor said he offered thi
evidence only to show that the "co.
conspmato in Germany had sen
some of the propaganda to Army ane
Navy officers and to certain defend
ants, trying to maintain contact
they had started before such mai
was held improper
Referring to Mr.. Nord's testimon,
that the list of addresses had beel
compiled solely from wrappers an,
there was no evidence of what tn
contents had been, J. Austin Latimel
a defense attorney. said: 1T couldn
be called illegal and nom -mailable
because there was no evidence o
what it was"
Burns Answers Arguments.
He also argued that the mail wa
conflScated before the United State
entered the war and, according t
the Governments testimony mucl
of it came from friendly and neutra
countries.
Justice Eicher suggested. however
the matter was seized after tn
President proclaimed state O
emergency.
Prosecutor Burns, in answerinI
the defense arguments and main
tanning the lists were properly il
evidence, did rot mention the Hart
zell decision. The Government
however, has just started the mail
part OF its case, so slowly has tn
trial moved, and scores of witnesse
are waiting to testify The prosecu
ton has not yet disclosed the testi
mony on which it relies chiefly I
prove the alleged conspiracy.
During cross-examination of
Government translator, Mr.. Burn!
objecting to a line of questionin.
charged the defense with delayin
the trial deliberately.
The only possible purpose" salt
the prosecutor, lis to prolong tn
trial until enough people are in
capacitated SO that mistrial woul
be declared"
Defense counsel joined in a clam
or of objections, and Mr.. Laughlil
asked an immediate mistrial.
Justice Eicher denied the motion
and instructed the jury to disregar
the prosecutors comment
Social Workers to Hear
War Relocation ToIks
The District Chantpr of tho A NOR