Evening star., 1944-07-15
Sedition
Continued From First Page

OF the court. charging he could not
continue with the defense because
OF the judges arbitrary and preiu.
dlclal attitude. Yesterday, Justice
Elcher cited Mr. Klein to appear
July 2l and show cause why he
should not be adjudged in contempt
The courts order is being mailed to
the United States marshal in New
York, to be served on the attorney
and II he fails to heed it, Justice
Elcher could issue a bench warrant
ana direct the marshal here to serve
1t, local officials pointed out.
Explains Laughlin Role.
Sanctuary explained in his ap-
peal that Mr.. Laughlin originally
was his local attorney of record
though his case had been handled
at the trial by Mr. Klein. The IS
year-old retired Army colonel con-
tended Mr.. Klein had no standing
IN the case since Mr.. Laughlin had
been ousted, and Justice Eicher was
without authority to deprive the de-
tendant Of his local counsel.
Previously, Mr.. Laughlin lost in
the Court of Appeals an effort to
compel Justice Eicher by mandamus
to relnState him at the trial The
court refused, by 2-to-2 decision
10 near the matter. The attorney
since has moved for reconsideration
asking that the fifth Justice on the
bench, Justin Miller, who is out of
town, be called in to decide the
matter.
Sought to Stop Trial.
Mr.. Laughlin also applied to the
appellate court on behalf of the de-
fendant Robert Noble for a writ of
prohibition stopping the trial. on
the ground that Mr.. Laughlin's
client had been deprived of his con-
stltutional right to counsel of his
own choice.
Since the Noble petition was filed
however, this defendant has been
granted, on motion of the Govern
ment, severance from the othe,
defendants and hence eliminated
from the present trial. This move
of the prosecution probably leaves
MOBILES situation merely moot
question, in the opinion of legally.
versed observers.
Mr.. Laughlin. charged. when ht
was arraigned in Baltimore yester.
day on charges of obstructing jus.
tice in highway robbery case, tha,
his Indictment was the result of 6
plan to discredit him at the seditior
trial. His trial was set for Sep.
tember IL.
Noble was one of three defendant.
whose cases were severed from the
other 26 in the sedition case. Tht
other two, James True and David ]
Baxter, were eliminated from thu
trial because of physical disabilities
but Noble was dropped on the move
ground OF conduct obstructing "the
reasonable and orderly progress Of
the trial" Noble opposed the sew.
erance.
Faces Sentence Of 10 Years,
Noble faces sentences totaling II
years on previous convictions of VIC.
lating the Federal and California Sc
dition laws. He and Ellis o. Jones
q defendant representing himself a
the mass trial. were associated ir
the Friends of Progress in Lo.
Angeles.
What will be done with Nobl,
at the moment had not been de-
termined today, and he still wa
held in District Jail. But official
expected he would be sent to Cali
1ornia to continue serving his sen
tences. Before the current trial
he was held for time in the Fed
eral Penitentiary at Lewisburg, Pa
With most of the legal dif11cultie
Which often delayed the trial thiI
week Strengthened out. Chief Prose
cutor o, John Rogge hopes to pusl
his case against the 26 remaining
defendants more rapidly when th'
trial is resumed at 10 am. Monday