Evening star., 1944-05-04
Court Blocks
.LaughIin Move
10 Call Byrnes
Testimony Would Be
Irrelevant, Justice
BoiIey Rules
BY CARTER BROOKE JONES.


Whether War Mobilization Di-
rector Byrnes praised the Hitler
regime during a trip to Germany
during the Olympic games and
once gave the Nazi salute has
no bearing on the contempt pro-
ceedings against James ]. Laugh
lin, a defense attorney in the
mass sedition case, Justice Jen-
nings Bailey held in District
Court today.
Mr.. Laughlin, contending that the
motions he filed during the sedition
trial and interviews he gave news
papers were made In good faith and
did not constitute contempt, had
asked to summon Mr.. Byrnes as a
witness. The attorney said he would
seek to prove that Mr.. Byrnes had
done things in Germany, years be-
fore the war, which some of the
sedition defendants were accused Of
doing before Pearl Harbor.
Mr.. Laushlin argued that the de-
PENDANTS, assuming they were guilty
OF acts charged to them, had done
no more than Mr.. Byrnes and other
prominent Americans had done.
What has the testimony of Mr..
Byrnes to do with this issue?" jus
tice Bailey asked.
Testimony Excluded.
Il think it will show the Govern
ment's bad faith In this prosecu.
tion," Mr.. Laughlin said.
ut Is irrelevant what the Gov.
ernment's motive was" Justice
Bailey replied.
He excluded the proffered testi.
mony of Mr.. Byrnes and of Justics
Mathew Mcclure of District Court
and Attorney General Biddle. which
Mr.. Laughlin had indicated were
along the same line.
Mr.. Laughlin also offered to prove
that the Dies Committee ON un-
American Activities was alive
months before Pearl Harbor, to the
imminent danger of Japanese at
tack, but that Mr.. Biddle and other
Federal officials complacently is-
nored these threats. Unless JusticA
Bailey amends his Interpretation,
this testimony also will be ruled out.
No Decision ON Eicher.
Whether Chief Justice Edward G.
Eicher, presiding over the sedition
trial, will be called as q witness for
Mr. Laughlin was not decided, Mr..
Laughlin Is charged, along with
other alleged acts Of contempt, with
attacking the character and intee-
r1ty OF the chief justice In q series
OF motions seeking his disqualifica.
tlon from the sedition trial.
Only perfunctory testimony. Of.
fered by the Government to estab-
lish partly disputed facts in the
contempt petition, was offered at
the morning session, most of which
was taken up with arguments over
Mr.. Laughlin's proffered testimony.
Mr.. Laughlin read from the Gov
ernment's bill of particulars in the
sedltion case to SHOW that Hitler
was referred to as a fellow con-
spirator in the alleged plot to incite
the American armed forces to mu-
tiny and that the Nazi regime thus
became an issue in the case,
Justice Bailey said at the outset
OF the hearing that Mr.. Byrnes had
called him and offered to come
whenever he was needed-no formal
subpoena would be necessary.
Justice Bailey said Justice Eicher
and Justice Mcclure were attending
judicial conference and could
readily be reached If they were
needed.
Pearson Seated in Court.
The fourth of the prospective de.
tense witnesses for whom the mar
shafs Office issued subpoenas this
morning. Drew Pearson, newspaper
and radio commentator, was seated
in court beside other members of
the press.
Justice Bailey quickly denied a
motion to disqualify himself from
hearing the contempt case. He held
that Mr.. Laughlin had waived his
right to file an afIidavit of prejudice
by failing to offer it when the con-
tempt case first came up Tuesday.
Mr.. Laughlin said the afiidavit, in
which he said he felt that the Judge
was biased against him, was present.
ed to the clerk of the Criminal Court
late Tuesday, and through an mad
vertence was carried away, bearing
the clerks stamp.
Joseph w. Burns, special prosecu-
tor in the sedition case, began Of
ferlng proof of assertions made in
motions and newspaper interviews
by Mr.: Laughlin, which, the Govern
(see sEDITION, Page A-30