Evening star., 1944-10-27
Eicher Studies Plans
Of 70 Defendants 10
End Sedition Trial
Prosecution Not Even
Attempting to Prove
Crime, They Assert
BY CARTER BROOKE ZONES.

Chief Justice Edward C. Eicher
had under consideration today a
new mass motion to end the sedi-
ton trial on the ground that the
Government, instead Of proving the
charge in the indictment, had sub
stituted a specious issue which did
not even purport to show a crime.
The motion, together with a
brief reciting the Governments
theory of the case, was filed in Dis
trict Court late yesterday by Joseph
H. Bilbrey, attorney for Franz K
Ferenz, and signed by counsel for
10 of the Is other defendants. Di-
rected verdicts of acquittal for all
the accused persons were asked.
Built Around Theory.
1t was pointed out that the 26
persons were charged with conspir-
ing to undermine the loyalty of the
armed forces. Instead of attempt
ing to prove that, the petitioners
contended, the Government had
built a case around the theory that
the defendants Joined In this coun-
try a worldwide conspiracy which
Hitler set in motion in Germany in
the early 1920s and, after he came
into power, tried to spread to other
countries.
While 1t was CONCEDED that Hitler
started out to win the Reich through
terror and violence, it was matter
of record, the brief added, that he
later adopted the technique of gain
ing his end by lawful means
unless the prosecution is per-
mitted to deny the testimony of its
own witnesses, whose veracity is
vouched for" said the defense
paper, "the German Socialist party
came into power in a conventional
manner"
Called Witch Hunt.
BY seeking to prove that the de-
PENDANTS copied the same methods
in this country, it was argued, the
Government was promising only to
prove that they sought to change
the United States Government by
peaceful methods Of debate and
pamphleteering-their constitution
al right. The motion added:
1--WE respectfully contend that
the prosecutions theory of its case,
as shown by its allegations and
proofs, is plain perversion Of the
intent of Congress. 1t is witch
hunt supported by inciting war
hysteria, prejudice and bias. Start
ing as a Roman holiday, the case
has degenerated into farce un-
worthy of our institutions and
democratic form of government, and
presentation of which is asked to
sustain it.
The case should be terminated,
to the end that our republican
form of government should be pre-
served"
Chief Prosecutor o. John Rogge
went ahead, meanwhile, with evi-
dence showing the manner in which
Hitler's government completed its
revolution in Germany after COM
ing into power under the constitu-
tion Of the old Weimar Republic.
Resumes Monday.
A Government witness, DR.. Rob-
ert M. w. Kempner, former Grim
inal court Judge in Berlin, described
the DEGREES which the Hitler -domi-
mated Reich issued in 1888 setting
up the Gestapo and suspending
freedom Of speech and the press
and gradually centering all power
in the NaZi party.
With the trial adjourned for the
week end last night. the cross
examination of DR.. Kempner will
be resumed Monday.
George Sylvester Viereck, a de-
fendant, stricken Ill during the
trial yesterday, was reported re-
covering today at Gallinger Hos
pital A physician summoned to
the marshal's Office said the author
and editor was suffering from food
poisoning.