Evening star., 1944-05-11


afternoon for contempt of
court for remarks made in
open court.
BY CARTER BROOKE JONES.
Defense attorneys at the mass
Sedition trial joined in a demand
in open court today that Martin
Pepper, secretary of the Ma
tional Lawyers Guild, be cited
for contempt of court for hand
ing the press at the courthouse
yesterday a statement in the
name of the organization assail-
ipg the conduct of defense coun-
sci and praising the conviction
of one of them for contempt.
Chief Justice Edward c. Eicher
referred the matter to Justice Jen-
nings Bailey. who found James j.
Laughlin, a defense attorney in the
sedition case, guilty of contempt and
fined him $3.50 Immediately before
the Lawyers Guild statement was
released outside the courtroom.
A larg0number of the more than
a score of defense attorneys in the
sedition case denounced the Law
yers' Guild and condemned MIR.
Pepper especially for handing out
the statement just as Justice Bailey
decided the contempt proceeding
and adjourned court.
Rogge Also Attacks Statement.
The press release, they said, OBJ
viously was prepared the night be-
fore and mimeographed, although
Justice Bailey gave no inkling of
what his ruling would be until he
took his place on the bench at $50
am. yesterday. He had taken the
Laughlin case under advisement the
night before.
Chief Prosecutor o. John Rogge
said the Government felt that the
issuance of any statement during a
trial was improper
"Mr. Pepper" Mr.. Rogge added,
told me the National Lawyers Guild
wanted to take a position on this
case. told him that the Govern
ment did not want the guild or any
one else to take position"
The fireworks were set off by P.
Bateman Ennis, counsel for Gerhard
Wilhelm Kunze.
Asks Show Cause Order.
Asking the court to require Mr..
Pepper to show cause why he should
not be held in contempt, Mr.. Ennis
described Mr.. Peppers conduct as
highly contemptuous and un-
ethical"
Mr.. Laughlin joined in the discus
sion. to suggest that testimony be
taken. 1t would show, he said, that
Mr. Peppers statement was given
out within two minutes of Justice
Bailey's decision and must have been
prepared the night before.
William j. Powers, attorney for
William Dudley Pelley, told the
court the guilds statement had been
prepared well in advance, adding:
Il might say they had advance in
formation Of what the courts de-
clslon was going to be-"
Albert w. Dilling, counsel for his
former wife, Elizabeth DilIing.
called the statement "a wholly un-
warranted, unjustif1ed attack on
the counsel in this case"
Justice Eicher, reading the press
release during a brief recess, then
announced that he was ordering a.
copy OF 1t made part of the record
IN the sedition trial and was direct
Ing that this, together with a tram
script OF the discussion of it. be sent
to Justice Bailey as soon as possible.
Attacks Defense Tactics.
Ihe Pepper statement said the
punishment for contempt meted out
to Mr.. Laughlin by Justice Bailey
proves that democracy can defend
itself"
Mr.. Pepper added that "since the
inception of the sedition trial the
attorneys for the defendants have
engaged in a deliberate program of
systematic obstruction and con-
fusion in order to prevent or delay
the determination of the issues in
volved in the trial so vital to the
security of the Nation at war"
Charging the attorneys with try
ing TO discredit important war lead
ers" and with seeking. to obtain
sensational publicity" and with
''stultifying the orderly processes of
Justice the statement said the
Lawyers Guild, "as an organization
of patriotic lawyers, condemns the
behavior as unrepresentative of the
high traditions of the American
bar"
The rapid-fire discussion of the
Lawyers Guild delayed impaneling
jury, but only for about 80 minutes.
Court Rebukes Smythe.
Earlier in the session, Edward
James Smythe. one of the % de-
PENDANTS, interrupted proceedings
for moment by jumping up and
shouting a demand for an immedi-
ate hearing on a writ of habeas
corpus. His request was denied and
Justice Eicher, with the aid of the
judicial gavel, persuaded the fiery
defendant to sit down:
When the roll of 30 accused per-
sons and counsel was called at the
opening of the session. Smythe,
answering his name, stood and de-
manded:
Il ask an immediate hearing on
writ of habeas corpus. I filed a
petition with you few days ago.
Justice Eicher, pounding on the
bench, said:
Mr. Smythe, the court will
hear you only through your
counsel
Ignores My Request"
He ignores my request for a writ
of habeas corpus" snapped Smythe,
resuming his seat
Justice Eicher warned the pros
pectiVe jurors to disregard such
comments.
Smythe, a New York editor and
publisher has been in the District
Jail since he was returned by the