Evening star., 1944-07-25
Eicher Denies Request
OF Sedition Defense
For Nye Records
Senator TeIeerophs Judge
He Has No Evidence
Bearing on TrioI
By CARTER BROOKE JONES.

refused today to require Senator
Nye, Republican, of North Dakota
to produce at the sedition trial In
District Court certain alleged records
reported by defense attorneys tt
show the innocence OF the 26 de.
PENDANTS.
Denying a motion by Ira Chase
Koehne, representing three Of the
accused, Justice Eicher disclosed he
had received a telegram from Sen.
ator Nye denying he had such
records.
The Senator said in the message
that press reports indicated de-
PENDANTS were alleging he was with
holding evidence tending to prove
the innocence of the defendants
He said he had mo evidence to sup
port either the innocence or guilt OF
defendants"
Then let him state that under
OATH said Mr.. Koehne. "and take
the consequences. He has made the
statement in the Senate that he did
have such evidence"
Judge Denies Subpoena.
The ruling of the court" Justice
Eicher replied, lis that at this stage
of the trial the subpoena will be
denied
Mr. Koehne's motion for SUBJ
poena requiring Senator Nye to pro-
duce the asserted records had been
pending some time.
Mr.. Koehne contended Senator
Nye told the Senate there was docu-
mentary evidence showing none OF
the defendants had engaged in any
conspiracy to undermine the 10y
atty Of the armed forces, with which
they are charged, but that their
only activity was political in nature
and the Department of Justice de-
cided there was no case against
them until the pressure of certain
Jewish interests forced the indict-
ment.
Mr. Koehne is defending Lois
de La Fayette Washburn. Howard
V. Broenstrupp and Frank w. Clark
What attitude the Army would or
could take if there were counter
revolution in this country against
Communism and whether it would
have to obey President guilty OF
treason to the state" was discussed.
in a propaganda bulletin placed be-
fore the jury today as a Govern
ment exhibit in the sedition case.
Burns Presents Exhibit.
The exhibit, read to the jurors by
Special Prosecutor Joseph w. Burns
was one of the Vigilante Bulletins
assertedly circulated by Robert E.
Edmondson, defendant, and it
said Army officers privately were
quoted as saying they did not see
how they would be able to avoid
obeying a presidential order giving
instructions to put down any gentle
counterrevolution against Commu-
nism.' 1t added
The question naturally arises:
Does the United States Army owe
allegiance first to President who
not only breaks his prediction
pledge to the Nation but who vio-
lates his oath to preserve, protect
and defend the Constitution? What
is the supreme authority of the
land?
IF President is guilty of treason
to the state does not such con-
dition absolve the military from
obeying his orders to shoot down cit
i1ens patriotically defending them
selves and their menaced Govern
ment against jewish Communist
enemies whom he refuses to sup
press and to whom he gives aid
and comfort?"
Among Seized Bund Documents.
The bulletin was one of more
than 10 exhibits seized at national
headquarters of the German Amer
lean Bund after Pearl Harbor
Another. an issue of the Nationalist
News Letter, edited. according to the
Government, by E. j. Parker Sage, a
defendant, said:
Unlike many nationalists organi-
zatlons, we supported the principle
OF national conscription, believing
that our country needed a large
Army for national defense. vet
knowing at the same time that the
compulsory conscription law was
fostered primarily by Jewish inter-
nationalist interests for the prime
purpose of sending our boys to
Europe in order that they might
over the bodies of millions of Ameri-
cans, re-establish their Asiatic sys-
tenn over the common people there. ;
Dennis in Hospital.
Justice Eicher awaited a. medi-
cal report on the condition OF
Lawrence Dennis. defendant
before deciding whether to re-
cess the trial for a number OF
days. Mr. Dennis sent word to the
court yesterday that he was in a
Plttsfleld, tMassD hospital suffering
from an infected hand and might
be away a week or 10 days and die
not want the case to continue with
out him. Chief Prosecutor O. John
Rogge planned to have the de-
fendant examined by a physician
detailed by the United States dis
trlct attorney at Boston.
Several other defendants were
absent from the trial, but all on a
voluntary basis, with the courts
permission. They are under bond
and their attorneys are protecting
their interests as the case proceeds,
Defendants have obtained the
courts permission to be away on
various personal missions. One de-
fendant, Edward James Smythe of
New York. telegraphed The Star
from New York, that he would run
Tor Congress from the 22d New
York district, in opposition to Rep
resentative Torrens, Democrat
Smythe said that if he is unable
to run as Republican he would be
an independent candidate.
Monfr0se Plnvoround