Evening star., 1944-05-06
.Laugh|in Calls
Housewife in
Surprise Move
Phone Conversation
About Eicher Cited
In Contempt Case
BY CARTER BROOKE JONES.

By CARTER BROOKE JONES.
James J. Laughlin, a defense
attorney in the mass sedition
case, defending himself before
Justice Jennings Bailey in Dis
trict Court on a contempt Of
court citation, today called
surprise witness, a housewife,
who told of overhearing a tele-
phone conversation in which the
accused attorney was given al
legged information concerning
Chief Justice Edward c. Eicher,
presiding at the sedition trial.
The witness, Mrs. Estelle Dein-
niger of 5707 Nevada avenue NV,
was a juror at the last term of Dis
trict Court. She said she went to
Mr.. Laughlin's Office on March IL
to appeal to the lawyer to take the
case of a poor farm boy who had
wrongfully been ad1udged insane
and sent to st. Elizabeth's Hospital.
Mrs. Deininger said while she was
in Mr. Laughlin's office he answered
phone call and, because of the
small size of the Office, she could
distinctly hear the mans voice at
the other end of the wire at one
point in the conversation.
Heard Higher Job Mentioned.
I heard the party say" the wit
ness said, that President Roosevelt
had offered Justice Eicher a higher
job If the defendants were con-
victed."
What else did you hear2" Mr..
Laughlin asked.
Il heard Court of Appeals and
Supreme Court mentioned"
What did I say?"
Mrs. Deininger replied:
Il heard you refuse to Join In a
petition to disqualify Justice Eicher
at the mass sedition trial. You de-
Tended Justice Eicher."
How do you happen to be here
today?"
Il felt" the witness explained.
that I had something of impor-
tance to your case, and I came here
on my own. did not talk to YOU
except a minute in the corridor"
Telephoned Justice Bailey.
| Mrs. Deininger said she called
Justice Eicher and tried to talk to
him and then telephoned Justice
Bailey.
did I not tell you to see Mr..
Laughlin?" Justice Bailey asked.
yes, you did"
Mrs. Deininger completed her Jury
service early in March and was not
called on the panels examined for
possible service at the sedition trial,
which began April II.
Mr.. Laughlin called Mrs. DEM
niger after offering previous testi-
mony by Robert Noble, one of his
clients in the sedition case, and by
William j. Powers, a Chicago attor-
ney representing another defend
ant, to the effect that the assertions
made against Justice Eicher in
Mobiles affidavit of prejudice were
common talk.
Justice Bailey at noon adjourned
the hearing until $50 am. Mon
day Testimony had not been COM
pleted.
Got Information" in Prison.
| Noble testified today that inmates
IN the District Jail and previously
in the Federal Prison at Lewisburg,
Pa, had given him information"
contained in an affidavit of preju-
dice charging that Justice Eicher
had been appointed to the District
bench by President Roosevelt espe-
cially to preside at the sedition
trial, with promise of promotion to
higher judicial post if the 80 de-
fendants were convicted.
Noble, who was serving a five.
year term in the Lewisburg Peni-
tentiary for violating the Federal
sedition law in California and was
brought here to stand trial on the
present conspiracy indictment, was
called to the stand by Mr.. Laughlin,
who is Mobiles attorney.
On cross ss-examination, Special
Prosecutor Joseph w. Burns ques-
toned Noble closely about the
sources of the prison grapevine in
| formation.
Did you name the inmates?"
Discussed by Ewing.
In only one instance, Noble re-
called. He had told Mr.. Laughlin
that the Eicher appointment was
discussed in District Jail by Orman
w. Ewing, former Democratic ma
tlonal committeeman from Utah,
who was convicted of criminal as
sault.
The defendant said Ewing related
an alleged conversation in which
Justice Eicher was said to have told
an attorney that he wanted a Judi
cial appointment in Iowa. but the
President had replied: II want YOU
to sit on this bench"
This. Noble conceded, had nothing
to do with the sedition case, which
the unnamed inmates said was dis
cussed specifically.
Mr. Laughlin drew up the afi-
davit of prejudice and Noble signed
1t, the witness told Justice Bailey.
Pressed to say just what he told
Mr.. Laughlin as preliminary to
the motion to disqualify Justice
Eicher, Noble said:
I said l was greatly concerned
at the way Justice Eicher had treat
ed me in court, and it seemed to
confirm what I had heard at Lewis
burg and at the District Jail, though
1 was not inclined to believe it at
the time"
Told Case "Was All Fixed"
Noble said he was told at Lewis
burg before the present indictment
was brought last January that it
would be returned and this time
1T was all fixed" and there would
be no long preliminaries, but the
defendants would be convicted
quickly.
Noble said at the time Mr.. Laugh
lin would not listen to him, insist
ing he was mistaken about Justice
Eicher, and only later consented to
let the defendant Sior tho O IA n a vit