Evening star., 1944-10-07
Motions for MistriaI
.se
in Sediiion Case 10
BE Heard on Monday
:, Roosevelt Remark
Il About Silver Shirts
+. Brings New Move
BY CARTER BROOKE JONES.

tAs.F ~~CASAAoS 0tpOA hCyS al bklC 0Cu1blOll
y case today were drafting formal mo.
tions to end the mass trial or defe,
1t until after the election because
President Roosevelt in his broadcast
TO Democratic rallies Thursday night
linked the Silver Shirts with Hitler.
X Brown Shirts and Mussolini's Blacl
Shirts.
The Silver Shirts were organized
and led by William Dudley Pelley
one Of the rs defendants.
b Chief Justice Edward @. Eicher
= agreed to consider at pm. Monday
the original motion made in court
yesterday afternoon by Ethelbert B
Frey, attorney for Robert e. Ed
mondson, to halt the trial until
after the election, substitute mo-
tions for q mistrial which other at
torneys promised to present and any
other demands which might be made
over the week end in connection
with the presidential address.
Called Political Issue.
Mr.. Frey contends the Presidents
reference to Pelley's Silver Shirts,
one Of the issues in the case, had
made the trial political issue, and
:, IT. would be impossible to continue
1t fairly, at least until after the
election.
g j.. Austin Latimer, attorney for
George e. Deatherage, also repre-
: senting Pelley temporarily, In the
absence Of the latter's counsel,
sought to join in the motion and was
told by the court he could prepare
any written motion he chose, but
arguments would not be heard Mon
day. Lawrence Dennis, a defendant
acting as his own attorney, served
notice that he would move for q
mistrial.
Mr.. Latimer and other defense
counsel contend that while the Jury
was instructed to read or listen to
nothing about the trial, 1t was to be
presumed a substantial number
heard the Presidents radio address,
for these jurors could not reason
ably expect that Mr. Roosevelt would
@denounce an organization which is
an issue in the case.
Two General Lines.
Mr.. Latimer's motion was along
two general lines-that the Presi-
dents statement definitely preju-
diced the case of Pelley, and that
no admonition OF the court to the
jury could have been effective in
preventing this prejudice or could
now cure it.
Mr.. Dennis pointed out, in a mem
orandum which he prepared for the
court, that the President "has en-
tered this case by denouncing over
the air one Of the defendant organ
lzations." The defendant also said:
I'VE do not challenge the right of
the President or Of the humblest
citizen Of this Nation to denounce
MIR. Pelley's organization or the or
ganization Of any other defendant.
But we do challenge the right Of
the President or any other Federal
omcial to Use free time given him
over the radio to denounce a de-
fendant during the course Of the
trial" .-r--s s~.
Justice Eicher also agreed to 60
into another issue raised by the de-
tense previously. He called on the
prosecution to answer by Monday
the charge Of Ira Chase Koehne,
attorney for three defendants, that
his clients had lost jobs because
they were watched constantly by the
Federal Bureau Of Investigation.
Wants Broad Report.
The court told the Government to
make the reply broad enough to
cover all the defendants.
'The charge is wholly baseless," :"
said Chief Prosecutor o. John Rogge.
but the Government will file writ
ten answer by Monday"
Mr.. Koehne charged specifically
that two of his clients, Lois de
Lafayette Washburn and Frank w.
Clark, had been hampered in trying
to make livelihood during the long
trial because OF FBI vigilance. He
asked the courts protection.
Justice Eicher said he would de-
CONTINUED on Page BE-, Column s.