Evening star., 1944-04-23
'StreamIine'. Queryinq
OF Sedition Jury Panel
Expected Tomorrow
BY CARTER BROOKE JONES.


The long process of trying to
select an impartial, unprejudiced
jury to try 80 persons charged
with conspiring to set up a to-
talitarian government in the
United States, is expected to be
streamlined when the trial is re-
sumed at 10 am. tomorrow in
District Court.
Chief Justice Edward G. Eicher
was reported scrutinizing over the
weekend the voluminous list of
questions suggested by the "A attor-
neys involved in the case, with a
view Of restricting their number and
scope to those essential in determin-
ing a prospective jurors attitude.
The presiding 'judg also told attor-
neys he planned to question entire
panels at one time, instead Of
interrogating individual Jurors, as
he did when the procedure of inter-
viewing veniremen began Thurs
day.
The task Of choosing a jury
must start over again tomorrow,
for when court convenes Justice
Eicher will excuse from the case
some 10 jurors who heard certain
allegedly prejudicial statements
made in court Thursday. In their
places will be called the first group
of SO still available from panels
serving in various crimina! and
civil divisions of District Court.
Defense Motions Denied.
Meanwhile, the Court of Appeals
dismissed yesterday three petitions
which would have stopped the trial,
pending a judicial determination
of charges that the defendants had
been deprived of their constitu-
tional rights, and disqualified
Justice Eicher from presiding
further.
James j. Laughlin, attorney for Ed
ward James Smythe, a defendant,
had asked a writ of mandamus COM
pelling Justice Eicher to stay the
trial until the appellate court could
inquire into his alleged treatment
of the defendants. The petition
blamed the court for refusing to
investigate charges that the Gov
ernment had tapped wires and
shadowed defendants, attorneys and
jurors. The jurist also was accused
of failing to give adequate consid-
eration to defense objections and
motions.
We are Of the opinion" the
Court Of Appeals said, that no
proper cause is shown for man
damus. All charges made in Pc
tition involve rulings which are
reversible on appeal"
Other Motions Rejected.
The court likewise denied a mo-
ton by Maximilian j. st. George,
attorney for Joseph e. McWilliams.
to disqualify the trial Judge for
alleged prejudice charged in afi-
davits.
A rehearing on rejection of a
similar demand by J. Austin Lati-
mer, counsel for George E. Death
erage and James True, also was
refused. The appellate court ruled
this petition had not been filed
within the statutory time. The
opinion yesterday held, however,
that, beyond the technicality, the
court had considered the applica-
ton without merit under the facts
alleged.
Mr.. Laughlin said later he might
appeal the petition for mandamus
to the Supreme Court and mean
while might ask the Court Of, Ap-
peals for a rehearing.
He also offered another motion
IN District Court yesterday, asking
the court to impound the records
or these organizations: the Jewish
Anti-Defamation League, the Nom
Sectarian Anti-Nazi League, the
BNai Birth, the Friends of Democ-
racy, Inc, and the Communist
party.
Charges Smear"
The motion was based on the
assertion that Smythe needed these
records for an adequate defense to
the charge that he had entered into
conspiracy against the American
form OF government. These organi-
cations, Mr.. Laughlin contended in
his motion, were allied together to
defame Gen. Douglas Macarthur,
Gov. John w. Bricker of Ohio, Sen
ators Nye. Republican, Of North
Dakota; Wheeler, Democrat, of
Montana, and Vandenberg, Repub-
lican, OF Michigan, and Representa-
tive Fish, Republican, of New York:
Hoffman, Republican, of Michigan.
and Rankin, Democrat, of Missis-
sippi
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