Evening star., 1944-05-17

lowed to speak and resumed their
seats under thunderous pounding of
the judicial gavel.
| Mr.. Rogge said in his opening
statement that the evidence would
Show the defendants and their fell
low conspirators in Germany in
tended to abolish freedom of
| speech, the press and assembly.
Their intention was, he said, to run
this country not under democ-
racy, but under the Fuehrer sys-
ltem-under a plan where one mans
word was law.
Says Pogroms Were Discussed.
"The defendants" Mr. Rogge de-
clared, talked in terms of blood
baths, of pogroms. They said they
would put on a pogrom that would
make Hitler's look tame"
The defendants and their fellow
conspirators, the Nazis, the prose-
|cutor said, spread the word that
democracy was decadent, senseless
and dangerous.
The Nazi conspiracy. he empha-
sized, was not confined to Ger
many, but was world wide in scope
and even its leaders were born in
various countries.
''The defendants" he added,
used the same tactics the Nazis
used to seize power in Germany in
1892"
During the pre- revolutionary
phase, Mr.. Rogge said, they hoped
to soften the social structure to
make the revolution easier. This
technique, according to the prose-
cutor, consisted in setting class
against class, in tanning racial
hatreds and encouraging all NAL
contents. Anti-Semitism was a
cornerstone of this structure, he
continued.
A leading purpose Of the conspir-
acy, Mr.. Rogge told the jury, was
to cause the Army to be disloyal
to the present democracy and 60
over to totalitarian government.
Dennis Asks Mandamus.
Lawrence Dennis, defendant act
ing as his own counsel, filed in the
Court Of Appeals a petition for a
writ OF mandamus to compel Justice
Eicher to grant motion demanding
that three other defendants be given
a mental test.
Dennis tried to speak in support
of his motion at a turbulent session
yesterday afternoon. The court,
denying the motion, which sought
also separate trial for Dennis, said
the defendant has no standing in
this court" in presenting motion
asking for sanity test. Dennis kept
talking and sat down only when
the courtroom was in an uproar and
Justice Eicher had directed a deputy
marshal to seat Dennis.
Late yesterday Justice Eicher
sent the jury from the courtroom
and agreed to hear defense counsel
argue Certain motions for severance
of their clients cases, delays In the
trial and other demands.
Seeks Mental Examinations.
Dennis had filed a motion earlier
in the day to require a mental exam
ination of Mrs. Washburn, Smythe
and Pvt. Prescott bennett, United
States Army. Dennis, author of
THE Dynamics of War and Revo-
lution," pointed out that the court
itself had remarked that Smythe
was unable to exercise intelligently
waiver of his constitutional right
to counsel-his attempt to fire his
attorney had been refused-and that
bennett had been brought straight
from the psychopathic ward at Wal
ter Reed Hospital to the court
room. Dennis also alleged that Mrs.
Washburn's conduct at the trial
| had indicated she was mentally dis
| turbed.
Justice Eicher informed Dennis
that this motion, which also sought
separate trial for this defendant,
was denied. Dennis demanded the
right to be heard. The court told
him to sit down. Dennis refused
and kept talking. He ignored the
furious pounding of the court s
gavel.
Mr.. Marshal" Justice Eicher
called, will you seat Mr.. Dennis?"
A husky deputy marshal ap-
preached the heavy-set Dennis, and
he sat down. At this moment,
Smythe jumped up and demanded
a mental examination
sit down." the court directed.
Il demand q mental examina-
tion." Smythe insisted.
At the courts order, two deputies
closed in on Smythe, but he took his
seat before they reached him.
Later, Smythe's attorney, James J.
Laughlin, explained to Justice Eicher