Evening star., 1944-04-18
SmytheLetter
Labels Eicher
Most Unfair
Trial Adjourned
Without Decision
On Missing Defendant
Picture on Page A-3.)
BY CARTER BROOKE JONES.

BY CARTER BROOKE JONES.
At another turbulent session Of
the Nationwide sedition con-
spiracy case, a letter in which
Edward James Smythe, missing
defendant, denounced Justice
Edward c. Eicher, the presiding
Judge, as .rnost unfair" and
strictly New Deal" was read in
District Court today.
Smythe's continued absence
threatened to interrupt the trial.
In the course Of cross-fire Of
preliminary motions Mrs. Lois de
Lafayette Washburn, taking notice
of attacks on her by several defense
attorneys for posing at the Nazi
salute for newspaper photograph
ers, declared she meant no disre-
spect, but was hitting at the New
York daily, PM, and other smear
artists" Mrs. Washburn de-
nounced scandal scavangers" who
had bounded her from coast to
coast, and said she was ''reserving
another one for them"
Letter Read by Attorney.
The Smythe letter was read by
his attorney, James J. Laughlin.
Justice Eicher made no comment
and deferred q decision on whether
to postpone the selection of jury
until a diligent search for the
fugitive has produced him or to
sever his case from that Of the
others and order the trial to pro-
ceed.
During a morning session devoted
to urging several new defense mo-
tions and the reopening of some old
ones, attorneys assailed physical
arrangements for the trial.
Under the present setup, they de-
clared, the trial will rank as a "star
chamber proceeding" since the
room is so crowded that lawyers
cannot confer with their clients.
Objection also was made to the
presence Of seven deputy rnarshals
which, It was contended, gave the
trial an atmosphere of force.
Auditorium Suggested.
Hold the trial in some downtown
auditorium" one attorney shouted.
j. Austin Latimer.. representing
two defendants, said it could not be
considered a public trial, because
there was not room for the public
after the defendants, their counsel
and the press we're installed.
Other attorneys objected to having
the several, defendants in custody
ranged together in front Of the
railing, fianked bq deputy marshals, /"
which gave these prisoners "an air
of criminality." Each defendant
should have place at q table be-
side his lawyer, it was argued.
On motion Of Chief Prosecutor O.
John Rogge, Justice Eicher adj
journed the trial until 10 am. to-
morrow without passing on the
questions involved in Smythe's alb
sence.
II hope by then the FBI will have
him." Mr.. Rogge said.
Mrs. Washburn, who made a melo-
dramatic entrance into the proceed
ings yesterday by proclaiming La
fayette, We are here" when her
name was called, created another
sensation today.
Jumps Up to Defend Action.
Shortly after the justice was
seated she jumped up to defend
herself against the criticism attor-
neys for other defendants had
heaped on her for giving the Nazi
salute before cameramen yesterday.
Mrs. Washburn said the Nazi sa-
lutte was not intended.
In Reply to Comments.
Her outburst was in reply to COM
ments by P. Bateman Ennis, repre-
senting Gerhardt Wilhelm Kunze
former leader of the German Amer
lean Bun, and Ben Lindas, attorney
for George Sylvester Viereck, pub
licist and author. Both lawyers said
neither they nor their clients coun-
tenanced such conduct, which, they
contended, was making a joke OF
serious matter.
II am here because I believe my
client is innocent" said Mr.. Lindas,
land he objects to making joke
Of this case. And he objects to an
offer to call Hitler and other Ger
man officials. We don't want such
witnesses"
Mr.. Ennis made his objection
while presenting motions to sup
press evidence and require other
measures for Kunze.
The attorney said Government
agents searched the premises of the
German-American Bund without a
search warrant and seized papers
while KunZe was out of the country
and after he had severed his con-
nection with the organization.
Extradition Denied.
Mr.. Ennis promised later to chal-
lenge the jurisdiction of the court
on the ground that KunZe was ar
rested in Mexico and illegally re-
turned to the United States.
WAS there extradition?" Justice
Eicher asked.
There was none" the attorney
replied, adding that Kunze was de-
MED an extradition hearing and
taken by force to Brownsville, Tex.
Mr.. Ennis demanded transcript of
a hearing held before the immigra-
ton commissioner at Brownsville.
A ruling was withheld
At the opening of court today,
Justice Eicher asked if the defend
(see sEDITIoN, Page A.33