Evening star., 1944-04-17
Missing.
As Sedition Case
@~
Gets Under Way:
Eicher OverruIes
Number Of Motions
To Deloy TrioI
Pictures on Page A-2.J
BY CARTER BROOKE JONES.


BY CARTER BROOKE JONES.
The largest sedition trial Of
the present war opened In Dis
trict Court today as one OF the
80 defendants failed to appear
at the bar, so violating his 81, 900
bond. and another invoked the
shades of the French patriot, La
Fayette, in what she called q de-
fense against tyranny"
While hundreds jammed the halls
of the court, vainly seeking admit-.
tance, Chief Justice Edward G.
Eicher issued bench warrant for
the missing defendant, Edward
James Smythe, New York publisher
and writer. His attorney, James j.
lLaughlin. said he did not know why
tSmythe failed to appear.
When the name % Lois de La
Fayette Washburn, Chicago, de-
scribed as an organizer Of the Ma.
tional Liberty Party, was called, she
arose and detained:
la Fayette, we are here to defend
what you gave us-to defend oufO
selves against tyranny"
Many Motions Denied.
A sheaf Of motions to delay the
trial and suppress evidence kent
the courtroom boiling with legal ar
guments as Justice Eicher denied
motion after motion. Attorneys
sought by all means at their com.
mand to suppress evidence and de.
lay the trial.
Ellis o. Jones of Los Angeles de.
Tending himself, asked the court to
grant him additional time to pre-
pare his defense. unhampered BY
Government authorities. He was
Ioverruled.
Jones, who is in District Jail, de-
clared that since he had been q
prisoner here, letters he had writ
ten in connection with his defense
had been returned by the Bureau
OF Prisons as improper" for mail.
ing.
Jones said the Jail authorities
had not even allowed him to receive
the Chicago Tribune and the Los
Angeles Examiner. although he had
subscribed to both papers.
Charges He Was Kidnapped"
The defendant also contended he
had been kidnapped and taken
across Maryland and into Pennsyl-
vania and confined in q Federal
prison there without due process OF
law" and later, still deprived OF his
Constitutional rights, brought back
to Warrington snd locked up IN
Joness 4 resident. of sLos .saSeie6
Is described by the Gov6rnaaoAt u
an organizer of tie FRIENDS 81
Progress.
Defense attorneys also failed In
a. move to stay the trial while I
writ Of mandamus was sought
against a ruling Of the Court Of
Appeals denying an effort to dis
place Justice Eicher on the grounds
OF prejudice.
Justice Eicher denied motion
by two Of the defendants, Max
Schwinn and Hans Diebel, both OF
Los Angeles, to look into an asserted
investigation by the Justice Depart.
ment of prospective jurors pro-
cedure described as unlawful.
Impounding Of Evidence Asked.
Schwinn is described by the Gov
ernment as former West Coast
leader of the German American
Bund and a member of the Silver
Shirts. Diebel is listed as pro.
prietor of the Aryan Book Store.
| Their attorneys, William A. Gal.
iagher and Claude A. Thompson.
charged that on December 8, 1871,
the Government obtained, without
probable cause" a search warrant
and, armed with this, seized docu-
ments and papers belonging to the
defendants. No legal return" or list
OF the property ever was made. the
petition said.
| Justice Eicher also was asked to
impound this evidence and order it
suppressed and withheld from the
jury.
BY the midday, recess Justice
Eicher had cleared away all pending
preliminary motions and apparently
was ready to proceed with the selec-
ton OF jury. unless additional Pc
titions should be presented at the
afternoon session.
Jury Probe Charges Argued.
Argued at greatest length was q
motion to have the court conduct
an inquiry" into an alleged investi-
cation of prospective jurors by the
FB1. A dozen defense lawyers
Joined in this motion, charging the
Government with laying plans to
obtain a prejudiced jury.
Attorney General Biddle and FBI
Director ]. Edgar Hoover had been
subpoenaed to testify regarding the
jury investigation, which Chief
Prosecutor o. John Rogge described
as routine" Mr.. Rogge denied
hotly that any veniremen had been
questioned or interfered with in any
way
When Justice Eicher asked for
evidence that there had been any
improper investigation. defense at
torneys replied that the admission
of Mr.. Rogge was evidence enough.
The court disagreed with this con-
tention and refused to 60 into the
matter or to require the Attorney
General or the FBI director to
testify.
Again urging the court to inquire
into the Governments alleged in
vestigation of prospective jurors, A.