Evening star., 1944-05-12
Judge Studies Demand
ITO Cite Law Guild
Official for Contempt
BY CARTER BROOKE JONES.

O ~HSsHs
BY CARTER BROOKE JONES.
Justice Jennings Bailey had
under consideration today a de-
mand from a score of defense
attorneys in the mass sedition
case on trial before Chief Justice
Edward c. Eicher in District
Court that Martin Pepper, secre-
tary of the National LAWYERS
Guild, be cited for contempt of
court for circulating at the
courthouse a statement assailing
defense tactics.
With the sedition trial in recess
from last night until Monday the
matter was referred by the chief
justice to Justice Bailey because he
tried the contempt proceeding
against James ]. Laughlin, defense
attorney, which inspired the Guild
statement.
1t was brought out before Justice
Eicher that Mr.. Pepper handed the
statement to newspaper reporters
in a courthouse corridor the mo-
ment Justice Bailey announced his
decision in the Ls ughlin citation
and adjourned court Wednesday.
Preparation In Advance Charged.
. Counsel in the sedition case con-
tended In open court yesterday that
Mr.. Pepper necessarily prepared the
statement in advance. presumably
the night before, although he could
not have known Justice Bailey's de-
cision, which he had taken under
advisement overnight. Justice Bailey
fined Mr.. Laughlin $50 for re-
Elections on the integrity of Justice
Eicher and for other activities at
the trial.
The press release which Mr.. Pop
per drafted in the name of the Law
yers Guild said the punishment de-
creed for the attorney proves that
democracy can defend itself" JUS
tice Eicher ordered copy of the
statement, together with a tran
script Of the discussion of it in court
yesterday, sent Immediately to Jus
tice Bailey for any action he might
care to take.
The sedition trial, meanwhile
closed for the week end with a Jury
yet to be selected and in furry OF
legalistic arguments.
At the afternoon session, Ira Chase
Koehne, counsel for four of the 20
defendants, was fined $50 by Justice
Eicher for making q facetious chal-
lenge of three jurors placed tenta-
lively in the jury box.
Mr. Koehne, referring to the fact
that 10 peremptory challenges must
be divided among 20 accused per-
sons, said that under their constitu-
tional prerogatives, his client.
wished to challenge "the fractional
part of 10/29th containing the up
permost portion of the anatomie,
OF Jurors 4. 6 and g."
Justice Eicher Immediately sent
the whole jury panel from the court
room and meted out the fine fol
contempt Of court.
Il note an appeal forthwith" said
Mr.. Koehne.
The court told the lawyer TO II
ahead and make his appeal, anc
gave him until Monday to pay tn.
$50 to the clerk Of the court.
Mr.. Koehne was the third defens.
attorney at the trial to draw a con.
tempt fine. In addition to the cas-.
Of Mr. Laughlin, which the chic
justice referred to Justice Bailey, the
presiding judge earlier fined Maxi,
milan J. st. George $40 for con,
tinuing to talk after the court l1at
ruled on his motion and ordered
him to sit down.
The four defendants whom Mr.
koehne representssarc Howard "
Broenstrupp, Ernest r. Elmhurst
Lois de Lafayette Washburn anc
Frank w. Clark.
The defense had excused thre<
jurors on peremptory challenge
when court adjourned and had sever
challenges left, with two others fol
the two alternate jurors to be chosen
The Government had waived thres
Echallenges--in effect, losing these
and also had seven left, with one fol
the alternate jurors.
There was considerable delay over
the method which the defense would
use in exercising it's challenges
Earlier in the trial, when the attor.
neys could not agree on their chal-
lenges, Justice Eicher directed then
to use them in groups of three de-
PENDANTS. Since then the death oi
one defendant, 80-year-old Elmer j
Garner, has reduced the number OF
accused to 20, making such division
impossible.
Thus the court held yesterday
that all the defense attorneys must
agree on each challenge or else
waive it. There was a long wrangle
over thissproeedure and heated OBJ
1ections from the defense, but o
succession of conferences among the
lawyers finally brought agreement
under protest" of the first three
challenges.
There were three women among
the II persons seated tentatively in
the box at the week end. All are
subject to possible disqualification
on peremptory challenge.
Cut i'm Smythe's Bond Refused.
After adjournment of the mair
trial yesterday, Justice Eicher over.
ruled a motion by Mr.. Laughlin tc
reduce the $4,000 bond in lieu oi
which his client, James Edward
Smythe, is held in District Court.
Mr. Laughlin contended there was
sufficient doubt whether Smythe in
tended to evade the trial when he
failed to appear for its opening April
II to justify reduction of his bond
to the 81 900 on which he then was
at liberty Smythe was brought in
by FBI agents from a Northern New
York resort two days later.
Special Prosecutor Joseph w
Burns said the Government felt the
present bond was too low rather
than too high He charged that
Smythe's absence from this trial not
only was deliberate and willful," but
it was the third time this defend
ant has been fugitive from JUS
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