Evening star., 1944-05-21
Smythe 10 Withdraw
Plea for Sanity Test
In Sedition Case
BY CARTER BROOKE JONES.

IA" "eSA "a oehAAACo AJA1Ay bAiC, WliO lid
proved the most articulate of tn.
% defendants in the seditior
case since the trial started ir
District Court April II, has de.
cided he does not want to un.
dergo the mental examination
which the court ordered at hi.
request, it was learned yesterday
Snythe,s attorney. James j
Laugklin, said he had been so in.
formed by the defendant ane
would ask Chief Justice Edward c
Eicher to devoke the order wher
the mass trial is resumed at 10 am
tomorrow.
Since Justice Eicher consented te
have Smythe looked over by three
psychiatrists at the demand of the
accused New York pamphleteer and
lecturer. remarking that it would
be done "if Mr.. Smythe is willing,
Mr.. Laughlin assumed there would
be TO difficulty in withdrawing the
defendants petition for the test
The Government is not expected to
object. The prosecutors have ex-
pressed no interest in the proceed
ing, but instead have not concealed
an eagerness to get on with the
trial.
Had Demanded Mental Test.
Smythe, whose impromptu COM
ments on various phases of the case
often have brought down the judi
cial gavel and sent court attend
ants scurrying to his side, cried
out, Il want a mental examina-
tion," when Justice Eicher refused
to allow him to discharge his at
torney and conduct his own de-
fense. The Judge held that Smythe
was mot capable of exercising in
telligently a waiver of his consti-
tutional right to counsel"
Smythe, in announcing to the
court that he wanted to defend
himself, explained that he still
thought the world Of Mr.. Laughlin,
but they had disagreed on certain
phases of the defense. Justice
Eicher ordered Mr.. Laughlin to con-
tinue to represent Smythe.
Later, when Mr.. Laughlin Of
fered a written motion embodyine
SmytheS request for a sanity test,
Justice Eicher said he would au-
thorize two court-appointed psy-
chiatrists and third selected by
Smythe to examine the defendant
80 the court could be guided in
determining whether the accused
man should be placed under OBJ
servation and given a complete ex-
animation.
Smythe is held in District jail in
lieu OF $4,000 bond fixed when he
failed to appear at the opening of
the trial and was returned from
upper New York State by FBI
agents. He punctuated the open
ing address of Chief Prosecutor O.
John Rogge to the jury with such
remarks as Three cheers" and
Amen" and do you believe in the
Constitution" and What about the
fourth term9"
Codefendant Asked Tests.
Smytne was oae of three defend
ants for whom Lawrence Dennis. a
codefendant, acting as his own at
torney. sought q determination of
sanity. The other two were Lois
DeLafayette Washburn, because of
her conduct at the trial, and Pvt.
Prescott r. bennett, United Safes
Army, because he was under OBJ
servation in the psychopathic ward
at Walter Reed Hospital immedi-
ately before the trial. Justice
Eicher turned down Dennis mo-
ton, and he appealed to the Court
OF Appeals. The appellate court
refused to intervene.
Dennis will have the floor when
the trial Is resumed tomorrow after
a recess since Thursday night. He
began his opening statement to the
jury Thursday afternoon, and said
he would require another hour Mon
day.
Before this speech is resumed
however, Justice Eicher is expected
to announce his ruling on group of
defense motions for mistrial. based
on alleged inf1ammatory and pre-
judicial statements by Mr.. Rogge in
his opening statement and on the
disorder that marked that session of
the trial. The court took the matter
under advisement over the week end
should Justice Eicher grant a mis-
trial, the case would have to start
again at the beginning, with a new
jury to be selected.
Defense Statements Scheduled.
Otherwise, several defense opening
statements are to follow that OF
Dennis. The case may not reach the
phase OF testimony before late Tues
day or some time Wednesday, de-
pending on how much time defense
attorneys consume in their ad-
dresses. Other defense counsel are
reserving their statements until the
close OF the Governments case.
While Prosecutors Rogge and Jo-
seph w. Burns, both special assist
ants to the Attorney General, have
announced none Of their witnesses
or the line Of testimony they plan to
open their case, an early witness is
expected to be Peter Gissibl, once
leader OF the Chicago unit of the
German-American Bund.
Gissibl and several other slated
Government witnesses have been
IN the courtroom the last two days
OF the trial, seated among the few
spectators for whom the defendants,
their attorneys and the press left
room. The court decided not to
exclude witnesses waiting to testify.
Bund Pictured as "Spearhead."
Mr.. Rogge told the jury he would
prove that the Bund was the spear
head with which Nazi leaders in
Germany hoped to organize"
America and eventually overthrow
the Republic and set up a National
Socialist state. Gissibl, 1t is under
stood, is ready to "unmask" many
OF the Bund's activities. The Bund
IN turn the Government y,ro,,,icae