Evening star., 1944-07-08
Eicher Fights Appeal
OF 0usted Lawyer 10
Rejoin Sedition Trial
BY CARTER BROOKE JONES.

BY CARTER BROOKE JONES.
District Courts Chief Justice Ed
ward C. Eicher fought back in an
answer before the Court of Appeals
today against the demand of James
j. Laughlin, ousted defense attorney
in the mass sedition case, for a
mandamus order reversing the
judges order of dismissal and rein.
stating him as a counsel at the
trial.
With the trial in weekend recess
the appellate court took up the an.
swer filed on behalf of the chief JUS
tice by the two Justice Department
prosecutors in the sedition case, O
John Rogge and Joseph w. Burns
whom the jurist asked to represen,
him in the appeal.
The answer assailed Mr.. Laugh.
Inns conduct throughout the trial
as continuously contemptuous anc
disrespectful of the court" 1t was
pointed out that after the defense
attorney had been fined 5000 las,
week for contempt of court. the Sec
ond such fine imposed since the tria
started, he Immediately sought tc
show that he is above the au.
thority of the court to discipline
him" by filing with the Speaker OF
the House petition asking Justice
Eicher's impeachment.
Lawyers Tactics Assailed,
1t was the impeachment petition
which brought the dismissal of the
attorney from the case. Prosecutors
Rogge and Burns asserted in the
answer that Mr.. Laughlin had trieo
to demonstrate that he could in.
timidate, harass and embarass" tn.
Judge ito secure his ends" The de-
fense attorneys tactics were de.
clared designed to delay and OBJ.
struct the administration of Justice ;
Mr.. Laughlin charged in his peti.
ton IN the Court of Appeals thai
Justice Eicher was without legal au.
thority to remove him from the case
and that the order had left his two
clients, Robert Noble and Edward
j. Smythe, without counsel of thei,
choosing. Although many of the de.
fense attorneys in the case were an.
pointed by the court. Mr.. Laughlir
was one of those retained by de.
PENDANTS.
After ouSting Mr.. Laughlin. JUS
tlce Elcher named two ATTORNEYS al
ready engaged in the defense to rep
resent. at least temporarily, Noble
and Smythe. M. Edward Buckley
attorney for Ernest F. Elmhurst
was appointed to defend Smythe
and j. Austin Latimer. who repre-
sents George E. Deatherage and
James True, was appointed attorney
for Noble. Smythe was silent, but
Noble protested the change and de.
clared he could not defend himself
adequately without Mr.. Laughlin.
May Hear Oral Arguments.
The Court of Appeals may hea,
oral arguments on the unusual cues
tion involved. Mr.. Laughlin has
asked for chance to argue his mo-
ton.
Smythe was released on bond OF
81 900 last night. after Justice Eiche1
had reduced bail to that figure from
the $4,000 on which the defendant
had been held in District Jail since
April 10.
A previous bond on which Smythe
had been at liberty since the indict.
ment was returned was forfeited
when he failed to appear for the
trial April II. FBI agents brought
him In two days later after arrest
ing him at a resort in the Adiron-
dacks. Smythe said he had mis-
taken the date of the trial and gone
on a fishing trip.
Mr.. Buckley told the court he
would be less handicapped in taking
over Smythe's defense in the middle
OF the trial If the defendant were out
on bond and readily available fol-
consultation. Smythe lives in New
York City, where he has been known
as publicist and public speaker
The Government is seeking to
prove that he was helping the
German-American Bund in its
alleged conspiracy against this Gov
ernment and that he attended meet
ings of the organization and once
arranged joint session between the
Bund and the Ku Klux Klan.
VIII Resume Cross Examina ton,
When the trial is resumed at lC
I'm. Monday, the cross-examination
OF Charles Joseph Young, a Gov
ernment witness from California
will be resumed.
Young, who said he joined the
bund at the request of naval intel
ligence, testified just before ad-
journment yesterday that two Amer
ican sailors visited bund headquar-
ters in Los Angeles were piled with
drinks and questions"
Acting under orders, the witness
said, he notified naval intelligence
and detail came and took the
sailor away. The headquarters. the
Deutcheshaus, had been declared
out OF bounds by the Navy, Young
explained. He said he had seen
other sailors and soldiers there at
various times.
The % defendants are charged
with conspiring to incite disloyalty
and mutiny in the armed forces.
For the bond drive you have m
e.card and the speed limit y OF.