Evening star., 1944-04-28
Mass Sedifion Trial
Procedure May Hinge
On Legal Technically
BY CARTER BROOKE JONES.

BY CARTER BROOKE JONES.
Whether the mass sedition trial
In District Court goes ahead be-
yond Monday or collapses and will
have to start again from the begin
ming, with two weeks wasted, may
depend on Chief sJustice Edward G.
Eicher's Interpretation OF the term
to "impanel" = jury, it developed
today.
with the trial recessed until Mon
day, after day Of inactivity forced
BY the illness Of q defendant, attor-
|neys on both sides were studying a
provision In the District of Colum-
bia Code requiring on the last day Of
la court term dismissal of all jurors
not actually "impaneled." In the
sedition case the court and attorneys
are in the middle of selecting a
jury, but all talesmen passed for
cause have been seated only tenta-
lively. All still are subject to per-
emptory challenge. And the cur
rent court term ends at midnight
Monday.
The recess finds the Government
with the right to excuse on per-
|emptory challenge four more trial
jurors and one alternate, and the
defense with four regular challenges
and two for alternate jurors. The
IL persons named to hear the
months-long evidence will be sup
plemepted by two alternates who
win hear the case and replace any
jurors who may be incapacitated.
Precedent Doubtful.
While an impaneled juror usually
has meant in ordinary legal usage,
one sworn to try a case, whether
this applies to jurors qualified after
general interrogation and subject
only to peremptory challenge is ex-
pected to be a matter for sharp
argument If the sedition Jury is
not completed by Monday night.
Several attorneys long in practice
here said they knew Of no prece-
dent in which the statutory pro-
vision affecting the end Of q court
term had been challenged and an
opinion handed down.
Defense attorneys in the sedition
case, who have sought repeatedly to
disqualify the whole current panel
from the trial on the ground OF q
prejudicial atmosphere, are expect
ed to insist that no juror can hold
over unless the jury Is complete and
sworn In by Monday night. Chief
Prosecutor O. John Rogge said to-
day the Government had no COM
ment to make at this time on the
potential situation.
It is not, OF course, necessary for
either side to use all its peremptory
challenges, and those tentatively
chosen could be finally accepted at
any time, though the process of Sc
lecting q jury thus far has pro-
ceeded tortuously, the way strewn
with defense objections and motions.
Justice Eicher, according to court
house speculation, probably will hold
10 night session Monday II there Is
mo jury by sundown, though the
court has made no comment on the
approaching jury deadline.
Much Depends ON True's Condition
Meanwhile, much depends on the
condition Of James True, one Of the
30 persons charged with conspiracy
to incite the armed forces to mutiny
and set up Nazi form Of govern
ment in the United States. True, Ill
lat his home, 1903 North Quinn
street. Arlington, Va, is expected to
be able to attend the trial Monday,
DR.. Christopher Murphy, who ex-
amined the defendant yesterday at
the request Of the court, reported to
Justice Eicher. True was reported
resting comfortably today.
II the trial blows up" Monday,
1t probably will start again later in
the week, with q new venire Of the
May term from which to select .
Jury. &f
One juror passed for cause and
seated IN the box was excused per-
manently from the case on medical
certificate, it was learned. The
Juror is Mrs. Carole Singleton Car
man Of 1852 Thirtieth street NV.
She did not appear for the trial yes
terday, and the court later received
a report from a physician to the ef-
feet that she would be unable to
serve