Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-10-08
k|istriia'I Asked
Byskorein
Sedition Case
Attorneys File joint
Motion for Court
Hearing Tomorrow
By CARTER BROOKE ZONES.

-
~ CARTER BROOKE JONES.
Eight more defense attorney
Joined yesterday In the demand fol
mistrial in the sedition case or
the ground that President Roose-
welt prejudiced the IS defendants
hopelessly when he made q scath-
ing reference In his speech Thurs
day night to the Silver Shirts
named by the Government as one OF
the organizations through which thu
alleged conspiracy was carried out
Another defense counsel served
notice at the trial Friday that he
was moving for mistrial, while q
tenth. Ethelbert B. Frey, who set
on the courtroom explosion over
the Presidents address, moved that
further sessions of the mass trial be
deferred until after the election.
Hearing Due Tomorrow.
Chief Justice Edward c. Eicher
agreed to consider the motions as
. special order Of business at pm.
tomorrow. The court indicated that
arguments would be heard.
The joint motion which eight at
torneys filed in District Court yes
terday asked that the six-month-
old trial be ended in a mistrial. As
an alternative, they asked that the
mass trial be stopped and the vaFi-
GUS defendants be granted sepa-
rate trials.
The President, in his radio mes
sage to Democratic workers, spoke
OF the charge that the administra-
ton had joined plot Ito sell out
our democracy to the Communists"
as a form of fear propaganda, %
adding that this had been used by
Mussolini's Black Shirts and Hit
ler's Brown Shirts, and sit has been
used before in this country by the
Silver Shirts and others on the
lunatic fringe"
William Dudley Policy, defend
ant, organized and led the Silver
Shirts. The organization was dis
banded several years ago, but has
figured prominently in the Govern
AkCutS CNAuCAlCC.
Called Political Football
The joint motion said: THE
projection of the Silver Shirts,
which the record shows to be
identified with the defendant Pelly,
in . tumultuous political campaign
by the President of the United
States has thereby frankly estab-
hshed this case as a political foot
ball, one Of the factors therein hav-
ing already been made political
capital by the President himself.
Any attempt at an impartial trial
in the constitutional sense of the
word under these circumstances, we
feel. Il nanifestly hopeless"
The speech was broadcast ma
tionally, it was pointed out, at a
time when the jury was mot in
court and not protected against the
improperly Of listening to certain
portions : =" 1t was printed in
full in The Star, the attorneys
added, which newspaper. as the
record herein shows, is regularly
read by = majority of the jury in
this case"
The portions of the speech COM
planned Of, the attorneys said, Gre
ate an atmosphere which is impossi-
BILE to describe, which is not tangible
which cannot be corrected by any
instruction Of this honorable court;
that such statements coming from
the highest executive ofncer in the
United States, at a time when all
citizens interested in the present
political campaign and in the well
fare Of their country are almost
duty bound to listen to q discus
sion of the issues presented in the
coming election, were Of such a ma
ture as to impel attention and dis
cussion, and served to focus upon
the present trial and upon the court
and upon the jury itself the atten-
ton and interest Of the Nation and
the District Of Columbia; and to
place upon the jury an undue and
unusual burden Of public curiosity
and debate. and to place upon the
defendants herein an overwhelming
handicap in meeting the issues"
.PeiIey's Attorney Away.
The motion was signed by E. Hill
ton jackson and George w. Jackson,
representing Gerald B. Winrod;
William A. Gallagher and Claude A.
Thompson, for Herman Max
Schwinn and Hans Diebel; j. Austin
Latimer, for George e. Deatherage;
Harry A. Grant, for E. J. Parker
Sage and Garland L. Alderman;
Frank H. Meyers, for Charles B.
Hudson. and Elizabeth r. Young,
for william r. Lyman, jr.
Pelley's attorney, William J. Pow
ers, who was detained out of town
the latter part Of last week, is ex-
pected to return TO the trial tomor-
row and join in the motions. Pelley
was represented temporarily Friday
by Mr.. Latimer. who spoke for the
former Silver Shirts leader, as well
rs for Deatherage.
In addition to Mr.. Frey, Lawrence
Dennis, q defendant acting as his
own attorney, served notice that
he would offer a motion for q
mistrial.
While the Government, in the
absence Of such q request from the
court, is not preparing a formal
reply to the defense contentious,
Special Prosecutors o. John Royce
and Joseph w. Burns are prepared
to answer arguments tomorrow II
called on by Justice Eicher.
DR.. Robert M. w. Kempner, q
Government expert witness, was on
the stand at adjournment for the
week end and probably will resume
his testimony tomorrow II the de-
Tense motions are denied or taken
under advisement.
DR.. Kempner, = professor Of law