Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-10-10
Eicher Weighs
Motions 10 End
Sedition Trial
Defense Attorneys
Given Time to File
Additional Briefs
Nv CARTER BROOKE HOMES.

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BY CARTER BROOKE JONES.
Chief Justice Edward C. Eiche
considered today, as the seditiol
trial continued, defense motions t,
end the celebrated case in a mistria
or halt it until after the election
because President Roosevelt in hi
speech last Thursday denounced al
organization founded and led b!
one Of the rs defendants.
The presiding judge, taking thu
motions under adyisement aftel
brief arguments late yesterday, sale
he was not prepared to rule on then
Immediately and the attorneys
would be given until noon tomorrow
to file additional motions or written
arguments.
Twelve defense attorneys moved
for q mistrial and another for. q
postponement until the national po-
lltical campaign is over. They con-
tended their clients had been preju-
diced hopelessly by the presumption
that the jury had heard or read the
speech in which the President linked
the Silver Shirts land others on
the lunatic fringe" with Hitler's
Brown Shirts and Mussolinis Black
Shirts. The Silver Shirts were
created and directed by William
Dudley Pelley, defendant.
Arguments Limited.
Justice Eicher heard oral argu-
ments, bearing only on the demand
for 4 mistrial, from Pelley's attor-
ney, william J. Powers, and John
w. jackson, counsel for Gerald B,
Winrod.
The court declined to hear Ethel
bert B. Frey, attorney for Robert E
Edmondson. who first brought the
Presidents speech to the courts
attention Friday with a demand for
poStponement Of the trial until after
the election.
Two other defense attorneys op.
posed either mistrial or a de-
ferment. They were Charles E
Morganston, counsel for August
Klapprott, former deputy leader OF
the German-American Bund, and
Frank j. Kelly, attorney for Pres
colt F. bennett, Washington pub
licist, former secretary of a COM
mittee to force Europe to pay war
debts.
Mr.. Morganston, pointing out
that 1t was proposed to stop the
trial temporarily because it was a
political case, added: IF it is, it
still will be after a certain date.
We object to either a mistrial or a
postponement. About half this
trial is over and in order to save
the taxpayers and so that the eff
forts OF defense counsel will not be
In vain, I move that this trial
continue"
Mr.. Kelly also opposed either
motion.
- Interposes Questions.
=. During Mr.. Jackson's argument
Justice Eicher interposed a num-
Der Of questions. -Ha pointed out
that courts had held mere oppor-
tunity for the jury to have been
prejudiced was not enough ito
vitiate q jury trial.
Mr.. jackson commended that the
Presidents reference to the Silver
Shirts was almost the counterpart
of what Chief Prosecutor o. John
Royce said in. his opening state
ment to the jury. Never in the
judicial history of the country, he
declared. has a high official of the
Government So castigated one or
trial.
While the Silver Shirts was Pei.
ley's organization, the attorney
argued, in this conspiracy case II
means Winrod and every other
defendant" -.'
Justice Eicher asked whether sucf
a drastic remedy as a mistrial woule
be required If the President did M
more than state what was alleged
in the indictment itself.
This, the court pointed out, wa.
a statement made by the Chiei
Executive, the superior in the Gov.
eminent of the Attorney Genera
and the officers prosecuting this case
yet it obviously would be quite in.
consistent for any one connected
with the prosecution not to believe
that the evidence was sufficient tc
justify the indictment and trial.
Scope of Indictment.
Mr.. Jackson said the statement
went beyond the scope of the in
dictment and the Governments bill.
of particulars. Where in these docu-
ments, he asked, do you find ref
erence to 'the lunatic fringe?"
Would that" asked the court
BE favorable or unfavorable from
the point Of view Of criminal re.
sponsibility2"
Since the President, in effect
questioned the sanity of the de.
PENDANTS, Mr.. jackson replied, HI
didn't see how the trial could con.
tinue until that question is hqui.
dated"
The attorney declared that, al.
though he was not attacking the
integrity or good faith of the Pres.
ident, he had been guilty of 9Th.
most outrageous improperly"
Mr.. Frey, in his written motion fol
postponement. said the President.
reference was ''tantamount to con.
fession, as counsel have frequentl,
pointed out to the court, that thi.
trial Is a New Deal political baby
Sees Question Put to Court.
The court, the attorney added, 4
posed with the question Of which
the President should not be citee
for contempt Of court.
Mr.. Powers said Pelley was her,
because of a personal animus ema.
mating from the White House, which
has caused the defendant to be II
practically continuous litigation fol
10 years" The Chicago attorne,
said he could prove that this wa!
because Pelley was the first to lex.
pose the Warm Springs Founda.