Evening star., 1944-09-29
Klein Sentenced
To 90-Day Term
For Contempt
Lawyer Nay Purge
Self in 10 Doys If
He Returns to Trial
BY CARTER BROOKE JONES.

Henry H. Klein, New York attor.
ney, today was sentenced to serve
80 days in District Jail for contempt
of court In deserting his client in
the sedition case two months ago.
Chief Justice Edward C.. Eicher
told Mr.. Klein he could purge"
himself Of the contempt charge
after serving 10 days if he would
agree to return to the trial and de-
fend his client, Eugene N. Sanctu-
ary. Under these circumstances, JUS
tice Eicher ruled, the remaining 80
days of the sentence would be sus-
pended.
Mr.. Klein did not disclose whether
he would be willing to return to the
trial.
Judge Refuses to Set Bond.
James j. Laughlin, q former de-
fense attorney in the sedition case,
who represented Mr.. Klein, asked
the court to set bond pending an
appeal o. John Rogge, chief pros
ecutor, opposed bail and Justice
Eicher refused to grant it. Mr. Klein
was returned to jail.
During the hearing there was .
furry when Mr.. Laughlin inter-
rupted the proceeding to tell tho
court it had been brought to his at
tention that there was an armed
spectator in the courtroom. The at
torney pointed to man in the back
of the room. Justice Eicher ordered
deputy marshals to investigate and
spectator was ushered from the
room.
A moment later deputy returned
with the announcement that the
spectator was metropolitan police
man in plain clothes.
| Claimed Life Was Endangered.
Mr.. Klein testified he quit the
trial because he was in fear of his
! life. He received constant threats.
by telephone and mail, mostly from
Jewish sources" he testified, adding
that he coupled these threats with
two fines for contempt of court
which Justice Eicher had ordered
during the trial.
Justice Eicher, sustaining objec-
tions from Mr.. Rogge, refused to
allow Mr.. Laughlin to draw out Mr..
Klein on details of the alleged
threats. The judge pointed out
that such threats never had been
brought to the attention of the
court, nor had its protection been
sought.
Mr. Klein said that among those
who had threatened him was an un-
identified court attendant at the
trial. Asked by Mr.. Rogge to name
or point out this person, Mr.. Klein
said he could not.
Mr.. Klein said he had been warned
that he would be fined for contempt
and imprisoned If he did not get
out of the case He admitted that
when he left court late in June it
was with the intention OF not re-
turning when the trial was resumed
July and he had so informed
Sanctuary.
Motion for New Judge Denied.
Justice Eicher denied a motion bv
Mr.. Laughlin for another judge to
hear the contempt case. Mr.. Laugh
LIN said that for this court to pass
on the matter would place Justice
Elcher in the position Of passing on
his own acts, since he had fined Mr..
Klein twice for contempt and
once. when preliminary motion
was being argued before the trial.
had ordered the attorney elected
from the courtroom
Justice Eicher said the record,
showed only one fine for contempt.
While the court did issue a verbal
order imposing another fine, Justice
Eeicher explained, a written order
carrying this out was withheld after
Mr.. Klein went to the judges cham.
bers and offered profuse apologies.
Justice Eicher held that no ade.
quate reason had been shown for
MIR. Klein's sudden withdrawal
from the trial and that hence it
constituted willful and deliberate
contempt of court. Mr., Rogee
charged that Mr.. Klein's Departure
oostructed and impeded the trial.
During most of the two months
Mr.. Klein has been away Sanctuary
mas been represented by Marvin
blschof1, whom the court appointed.
though the defendant has refused to
recognize Mr., Bischoff as his coun.
sci,