Evening star., 1944-09-20
Iicher Reprinlands
Rogge for Sedition
Trial Interview
CONTINUED From FIRST Page.)
any counsel were public property
beyond control of the court.

beyond control of the court.
Inference Of Outside Contact.
8 However" he added, from read
Ing the quotation it appears a. least
strongly inferential that they were
obtained in large part outside the
courtroom and I assume from the
context that Mr.. Rogge does not
claim otherwise
Mr.. Rogge told the court much OF
the material which the two publica-
tions had attributed to him must
have come from comments he made
in court, especially his discussion OF
the Supreme Court decision in the
Hartzel case.
The prosecutor added that a re-
porter, a woman, did ask him for his
background, where he went to school
and his experience, and he supplied
that information.
Court Convinced Of Facts.
Mr.. jackson said he was prepared
to ask that Mr. Rogge be placed
under oath and other witnesses
summoned and the matter sifted
thoroughly.
The court is convinced" said JUS
tice Eicher. that Mr.. Rogge did,
inadvertently or otherwise, make
statements outside court which
should not have been made. The
court, therefore, does grant the re-
lief asked The court reprimands
Mr.. Rogge for improper conduct in
connection with these publications
and directs him to refrain from SIM
liar conduct in the future"
The interviews in PM and the
New Masses assailed "dflatory" tao
tics of the defense and promised the
Governments evidence would be
presented "if it takes forever
Mr.. Rogge is special assistant to
the Attorney General.
Mistrial Motions Denied.
Justice Eicher, taking up a sheaf
of other defense motions in the
absence Of the jury. denied two ask
Ing mistrial on the ground of in
flammatory publications.
One motion, filed by P. Bateman
Ennis, attorney for Gerhardt Will
helm Kunze, former national leader
OF the German American Bund,
sought a mistrial because of publi-
cation in a local newspaper of an
advertisement excoriating the Is
defendants as approving "Hitler's
mounds of skulls" The ADVERTISE
ment, which also appeared in other
cities, was written by Max Lerner,
a member of the PM staff.
Ben Lindas. counsel for George
Sylvester Viereck, asked that the
trial be ended because it could be
assumed the jury had been preju-
diced by wide exploitation of the
book, "Blackmail," which purported
to disclose the Governments evi-
dence in advance.
Decisions Give Press Latitude.
The court held that recent de-
cisions of the Supreme Court and
the District Court of Appeals gave
the press wide latitude in discussing
a pending trial, even though such
articles were inflamatory. 1t must
be assumed, Justice Eicher said, that
the jurors would carry out their
oaths to decide case solely on the
evidence.
Justice Eicher also denied a mo-
ton asking elimination of Kunze
from the trial on the ground that
the court was without Jurisdiction
to try him. The motion was based
on the alleged illegal return of the
former bund leader from Mexico.
The next order was defense OBJ
tections to the admission as Gov
eminent exhibits of German books
seized in raid on German -Anieri-
can Bund headquarters in Los An
geles. The first of these objections
was voiced shortly before adjourn
ment last night. Mr. Rogge said he
wanted at this time only to display
the titles, authors and publishers to
the District Court jury. though later
these exhibits would be connected
with the alleged Nazi-controlled con-
spiracy charged against the 26 de-
PENDANTS