Detroit evening times. (Detroit, Mich) 1921-1958, 1944-04-24
BEHIND
The NEWS
ByPauI
MaIIon

n
W News from The Seditlon
trial here started out with such
oddities as a missing defendant
who went fishing. a woman de-
PENDANT thumbing her nose AZ
some one. uproarS of unpaid at
torncyS and fearful press, and
even published warnings OF an
imminent strip tease possibly
10 be enacted at any time by a
lady defendant
These established unique
public character for the trial
al the outset, a trend which
even then seemed likely 10 eX-
pand ScnSationally
One obvious reason Is that
some Of the defendants consider
their indictment as political per-
secution and, therefore. are
eager 10 skirt closely 10 con-
tempt of court As a matter of
legal fact, contempt proceedings
would probably delay their trial,
and serve their purposes.
Any defendant sent 10 Jail
for contempt could not be tried
for the duration of that sem
tence, unless hauled TO court
daily from Jail by special eX-
traordinary arrangement Also,
he might get change Of Judge
and Jury weeks or months
hence, or at least open new
field of judicial complexities
providing delay.
TT IS. therefore, far from
Il faulty defense tactics. legally
otherwise, 10 lei The nature Of
any defendant take its course
even 10 strip tease--or perhaps
beyond.
How the government came 10
open itself TO such judicial
gaietY in its various forms is
not yet evident. But il was the
government which chose TO try
30 defendants at once, defend
ants employing - different
lawyers, who are trying to con-
duct - different defenses in the
so cases.
The customary-or at least
more officient-procedure would
be 10 try test case Of three
or four defendants. and then
proceed with the others in SINH
lar groups. There was a case
in the last war when a similarly
large number Of defendants
were tried in a Brooklyn leather
indictment Involving fraud
against the government, but
these defendants had one law
yer. the late Frank Hogan.
Thus it avoided judicial melee
naturally to be expected from
trying p 10 30 cases with %
different defenses at the same
time.
Judge Edward Eicher is a
man known for both his patience
and honesty. lie is a Mennonite
Cthe Evangelical Protestant
Christian sect believing in strict
-SCTipturat interpretations. non
resistance and alOofneSs from
the Statc). But he was promi-
nent and active in the RooSe-
Welt purge campaign against
Senator Gillette in his native
Iewa before his appointment As
iudgd a point which no doubt
could reach the discussion stage
inside or outside a trial in
which a political issue -wAS
raised.
LIE HIM S ELF appointed
IL many Of the defense attor-
neys, as is the custom in court
when defendants say they have
insufficient funds for legal fees,
In such cases the court does
not investigate the claim of
insufficient funds but dcSiG-
mates an attorney who must
undertake the best defense pos
Sible under the ethical code of
the bar-presumably even if it
requires contempt of his APP
pointing source.
In these salient background
instances and others the trial
differs radically from the Mos
COW mass trials 10 which il has
been enormously likened by
some who arc forgetful of the
Communist judicial technique
in which the defendant Is con-
victed for all practical purposes
by his arrest, then becomes
eager 10 confess even more
than he has been charged with,
and acts out this inhuman,
melancholic Slavic incOn-
SiStency before a radio in a
national broadcast that IS called
a trial only in Moscow.
II may however, develop A
full blown unlqueneSs compar-
able 10 our historic Scopes
monkey trial"
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