Evening star., 1944-05-01
Justice Eicher
Attorney,
Another
$40 Penalty Given
Lawyer Intervening
For LouehIin
BY CARTER BROOKE JONES.


cracked down on rebellious de-
fenSe counsel. He fined one at
torney $40 for contempt in open
court and set for hearing to-
morrow before another Judge an
order citing a second defense
lawyer for alleged contempt for
charges made against Justice
Eicher in motions to disqualify
him.
The trial itself was adjourned
until 10 am. Wednesday, after JUS
tice Eicher dismissed the present
yenire of prospective jurors and
ordered the case resumed with
jurors from the new May term
venire He said developments made
it impossible to impanel a jury be-
fore midnight, expiration date for
the present jury panels.
Maximillian st. George, attorney
for Joseph E. McWilliams, one of the
80 defendants, drew the fine in open
court during discussion of a con-
tempt citation brought by the prose-
cuton against James j. Laughlin,
attorney for Edward James Smythe
and Robert Noble.
st. George Draws Rebuke.
When Justice Eicher announced
that the contempt citation against
Mr.. Laughlin would be heard by
Justice Jennings Bailey at 10 am.
tomorrow, Mr.. st. George tried to
intervene in behalf of the other de-
PENDANTS. Justice Eicher told the
attorney that this was a matter
solely between Mr.. Laughlin and
the court.
Il disagree with the court" MIR.
st. George said This is a matter
vitality affecting every attorney in
this case. It's an attempt to intirni-
date every defense counsel"
"WiH you please sit down." Jus
tice Eicher replied.
Il want to be heard" Mr.. Sc.
George persisted.
you will be heard at the proper
time" said the court.
Mr.. st. George sat down. but rose
later while the court was explaining
it would be necessary to dismiss the
jury panel on hand.
Refuses to Heed Gavel.
Justice Eicher again told the at
torney to sit down and pounded
furiously with his gavel. When Mr..
st. George kept talking the court
raped again and announced:
| Mr.. st. George is fined $40 for
contempt of court
MIR. st. George sat down. Later.
after court had adjourned, he said
ne had not decided whether to ap-
peal the Judgment and fine, but in
sisted he had done nothing to merit
1t, and merely was trying to protect
the interests of his clients
Chief Prosecutor o. John Rogge
and Assistant Prosecutor Joseph w.
Burns, both assistants to the Attor-
ney General, over the week end filed
the petition to have Mr.. Laughlin
cited for statements he made in
court motions. The Government
cited, in particular, Mr.. Laughlin,s
assertion in one of several motions
to disqualify the judge, that Jus
tice Eicher had been picked" by
President Roosevelt to try the sedi-
ton case and, if things went well,
was to be rewarded. probably with
an appellate judgeship.
Roosevelt Conference Alleged.
This was said to have resulted
from an alleged conference between
Attorney General Biddle and the
President at which Mr.. Biddle was
represented to be doubtful about OBJ
tanning a conviction.
The contempt proceedings charge
Mr.. Laughlin with filing affidavits
containing scandalous, insulting,
scurrilous and contemptuous allega-
tlons attacking the integrity, up
rlghtness and trustworthiness" of
Justice Eicher.
Such affldavits, said the Govern
ment petition, made no pretense of
showing the source of the so-called
information and belief on which
they purported to be based, but were
| "mallclously filed as an excuse to
make statements to the press for
the purpose of Improperly influence
ing and coercing said court to re-
move himself as the trial judge and
to delay the trial"
At the opening of court today,
Justice Eicher took up the Laughlin
contempt citation before the jurors
were brought in. The court re-
ferred to this as the first order Of
business.
Might Get Aid of Counsel.
When he asked Mr.. Laughlin what
he had to say the defense attor-
ney answered that late Saturday
night he was served with an order
to show cause, in which Mr.. Rogge
and Mr.. Burns joined and which
also was on motion of the court.
Mr.. Laughlin asked for "a reason-
able number of days" in which to
answer the rule to show cause. "It
may be necessary for me to consult
with counsel" he added
THE court on its own motion"
said Justice Eicher, sets a hearing
on this matter before Justice Bailey
tomorrow morning at 10 o'clock"
Justice Eicher said the court
would be represented at the hear
ing by Mr.. Burns.
Justice Eicher also held it would
not be necessary for any defendants
other than Mr. Laughlin's two cn-
ents to be present. What of the
attorneys? he was asked.
1T will be public hearing" he
replied
Case Resumed Wednesday.
Further proceedings in the main
case" Justice Eicher said, will be
adjourned until 10 o'clock Wednes-
day. The action of the court at
this time obviously makes it impos-
sible to impanel a jury under the
existing venire. 1t will be dis
dismissed.
The trial, after dragging along for
two weeks, thus was broken off dra-
matically after a jury had been
more than half Selacfe6