Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-05-08
Sedition
Continued From First Page.)

koehne recalled that he had men,
toned in open court material which
"a newspaper" had printed.
Mr.. Laughlins interrogation of
Mr.. Koehne developed into a bitter
three-cornered tilt, in which Mr..
Burns joined. When Mr.. Burns OBJ
jected that the attorney was cross
examining his own witness, Mr.
Laughlin pleaded legal surprise and,
on this theory, was allowed to press
Mr.. Koehne for answers.
Did Mr.. Burns state to you, Mr..
Royce and I envision the time you
will be with us at the prosecution
table, helping prosecute the de-
fendants?' Mr.. Laughlin asked.
mo. 1t is not as you state it,"
the witness replied. My recollec-
ton of the matter was that if
could show that under the law this
proposed action against the Times
Herald was actual contempt, they
would have no objection of my join
ing them in prosecution of the
newspaper"
Mr.. Koehne was still on the stand
when Justice Bailey recessed the
hearing for lunch.
Smythe Explanation Blocked.
Edward James Smythe, a defend
ant at the Sedition trial, earlier was
denied chance to elaborate on the
reasons he wanted Henry Ford
Charles A. Lindbergh, Rabbi Ste
phen S. Wise, Harry L. Hopkins,
David Niles and many others sum-
moned as witnesses.
Justice Bailey held that the de-
PENDANTS reasons were explained
sufficiently in series of motions
which the Government has placed
in evidence at the contempt pro-
ceeding.
The prosecution charges that
these witnesses could not have testi-
fed, but were asked only to OBJ
struct and influence the sedition
case.
AS the contempt hearing con-
tinued, Justice Eicher, in another
courtroom, delayed the sedition trial
another "a hours. It was reset for
10 am. tomorrow.
Mr.. Hopkins, the presidential aide,
and Mr.. Niles, confidential White
House attache, were added start
ers" to the list of witnesses Mr..
Laughlin sought in a series of mo-
tons filed during the sedition trial.
They were not named in the mo-
tions. Smythe said both names were
on list of about 25 proposed wit
nesses he gave Mr.. Laughlin when
the defendant retained him in
January.
Did you give me the reasons you
wanted Mr. Hopkins and Mr.. Niles?"
Mr. Laughlin asked.
I most certainly did," said
Smythe
Objection Sustained.
An objection by Special Prosecu-
tor Burns to the reasons was sus-
tanned.
Let me tell you something,
Smythe began.
Justice Bailey told the witness
to confine himself to answering
questions.
Smythe, whose outspoken COM
ments several times had the sedition
trial courtroom in an uproar, tried
repeatedly to go into his reasons
for wanting certain witnesses. Each
time he was baked by court rulings.
The defendant said Earl Browder
the Communist leader, was another
witness on his list, though Mr.
Laughlin had not yet field motion
to summon him at Government ex-
penSe.
Smythe described himself as a
New York editor and publisher.
Pearson Returns to Stand.
Drew Pearson, newspaper column
list, whose previous testimony had
been excluded by the court, was re-
called to the stand to be questioned
further about an article he syndi-
Gated in March, 1912. The article
told of an alleged conversation at
the White House in which President
Roosevelt was said to have told At
torney General Biddle to crack
down on american Fascists."
Can you tell us the source of
the information on which this article
was based?" Mr.. Laughlin asked.
The Government objected, then Mr.
Burns said the charges which Mr..
Laughlin made against Justice
Eicher in an affidavit of prejudice
went so much further" than this
story that it did not matter. The
Government was willing to concede,
he added, that this was an accurate
report of information which Mr..
Pearson had received from authori-
taLiVe sources.
With this understanding, Mr..
Pearson was excused. The affidavit
charged Justice Eicher with accept
ing appointment to the bench under
a promise OF promotion.
Two Reporters Questioned.
+ Mr.. Laughlin, whom the contempt
citation charges also with using
newspapers in an effort to prevent
an impartial trial, called Mrs. Marie
.OBrien, courthouse reporter for the
Times Herald, and Philip Warden
of the Chicago Tribune. The at
torney asked Mrs. OBrien if she
had not obtained information from
him in number of court cases
and If he had not asked her al
ways to wait until he filed papers
with the clerk of the District Court
before writing about them. This
was true, she said.
Mr.. Warden was asked if it had
not been the practice of Mr.. Royce
to hold "a press conference" at the
close OF each session of the sedition
trial
He would answer reporters cues
tinps Mr. UJorIar, ro;n