Evening star., 1944-07-07
Motion for MistriaI
Filed Over Eicher's s
Custer Of Laugh|in
BY CARTER BROOKE JONES.

OlSlnlSS0l OF James j. Laughltn as
q defense attorney at the sedition
trial continued to draw dissension
from other defense counsel as the
case was resumed In District Court
today.
Frank H. Meyers, representing
Charles B. Hudson, moved for 4
mistrial on the ground that Mr..
Laughlin's two clients, Robert No
bic and Edward James Smythe, had
been deprived of counsel in the mid
die Of the mass trial.
Chief Justice Edward G. Eicher,
who ousted Mr.. Laughlin because
he filed with the Speaker of the
House a petition seeking the i'm
peachment of the presiding judge,
promised to consider the motion
and allow Mr.. Meyers to be heard
later.
At the same time, j. Austin Lati-
mer, ordered by the court to take
over temporarily the defense Of
Noble, asked to be relieved Of this
task. explaining that his other two
clients, George E. Deatherage and
James True, objected to his taking
on the added burden.
Justice Eicher denied the request
"for the present"
Ethelbert B. Frey, attorney for
Robert E. Edmondson then asked to
be relieved of taking on also the
defense of Eugene N. Sanctuary,
whose attorney, Henry H. Klein,
went home to New York last week
end and failed to return to the
trial this week. Mr.. Frey said Ed
mondson objected.
Request Also Refused.
Justice Eicher refused to alter the
arrangement for the present.
Sanctuary told the court he had
heard from Mr. Klein. The commu-
nication, said the defendant, appar-
emily written after Bar Association
conference in New York, advised
Sanctuary to insist on having Mr..
Laughlin as his attorney and to OBJ
ject to any other arrangement
Sanctuary pointed out that Mr..
Laughlin formerly had been his local
attorney of record.
The court directed that the trial
proceed
M. Edward Buckley, who is de-
Tending Ernest F. Elmhurst, also is
representing Smythe, under appoint
ment Of Justice Eicher. Mr.. Laughlin
has carried the custer order to the
Court of Appeals.
A searching cross of
a Government witness, Charles
Joseph Young, was resumed. Mr..
Young, on direct interrogation. told
the jury of an inner circle of the
German American Bund which
carried out in this country missions
assigned by Nazi officials in Ger
many.
The courtroom was thrown into
momentary noise and confusion
when Mr. Young, cross-examined
by Charles E. Morganston. attempt
ed to give his understanding of the
indictment accusing the % de-
PENDANTS.
II understand said the witness,
"the defendants are charged with
treason"
The defense side was in an uproar.
"Or sedition," Young corrected
(which amounts to pretty much the
same thing"
You think SOP" demanded Mr.
Morganston.
I'm not a lawyer" the witness
said.
Sought to Strike Testimony.
Other defense counsel moved that
all this witness testimony be strick-
en-, lin view of his obvious bias and
unfairness"
The motion was denied.
Several times Justice Eicher, at
the request of defense attorneys, ad-
monished the witness to answer the
questions and not volunteer state
ments
Asked by William A. Gallagher,
attorney for Hans Diebel and Her.
man Max ScWinn, if he had not
Joined the Communist party as we'll
as the German american Bund, Mr.
Young said no. He said he did
go into the Workers Alliance, a
Communist-front organization, for
the same reason he Joined the
bund-to make an investigation for
naval intelligence.
Il tried" the witness added, ito
get information against any group
that was subversive to our Govern
ment. If that's a black mark
against me, let it be-"
Nettled as Mr.. Gallagher probed
deeper into the witness undercover
activities, Mr.. Young snapped:
There's nothing un-American
about me. I have son who's an
ensign in the Navy"
Native of Germany.
Young, who said his name orig
lnally was Yung. but that he changed
it with legal authority, yesterday ex-
planned, under examination.
that he was reluctant to investigate
the bund. Il didn't want to stick my
neck OUT he said. Il was born in
Germany"
But a Capt. Zacharias. identified
as head of Naval Intelligence in
Southern California, prevailed on
him, the witness said, and he made
his reports to the Navy, with copies
going to the FBI, through Joseph
Roos of Los Angeles, whom the wit
ness said he knew only as head OF
the Newsreel Research Service.
Cnndraeeman