Evening star., 1944-05-15
Eicher Refuses Smyihe
Request 10 Dismiss
Laugh|in as Counsel
Sedition Defendant Tells
Court Of Disagreement
Over Procedure
BY CARTER BROOKE JONES.

Chief Justice Edward G. Eicher
refused in District Court today
to allow Edward James Symthe,
one of the 20 defendants at the
sedition trial, to dismiss his at
torney, James J. Laughlin, and
conduct his own defense.
"The court considers the defend
ant Smythe not capable of exer-
cising an intelligent waiver of his
constitutional right to counsel"
Justice Eicher explained. "The
court asks Mr.. Laughlin to continue
to represent him"
Smythe, given five minutes to ex-
plain, in the absence Of prospective
jurors, why he wanted to diyest
himself of counsel and take over
ta;nss. his own case, said' among other
II consider you q political op-
ponent and servant of the New
Deal"
Disagree Over Motions.
Smythe paused, and the court
awaited further remarks. That's
!all," snapped the defendant, and
sat down.
Smythe, who has clashed fire.
quently with the court because of
his oratorical bent, said he would
try, in explaining his position, to
be as courteous as possible. He
pointed out that his disagreement
with Mr.. Laughlin stemmed from
certain motions he wanted to file.
II do not believe" Smythe said,
that I can be given a fair trial in
this court because I was a witness
in Judge Bailey's court"
Smythe referred to the proceed
ing before Justice Jennings Bailey
in which Mr.. Laughlin was fined
$3.50 for contempt of court for &C
tivities at the sedition trial.
Smythe said that, outside of legal
disagreements, he felt toward his
attorney like a brother" and con-
sidered him "one of the finest legal
minds in the District"
Still Friendly.
Smythe said he had not wanted
Justice Eicher to sit in this case.
II am great believer in the Con-
stitution," he added
Mr.. Laughlin told the court there
were substantial differences be-
tween himself and his client on
matters of procedure, though they
were still very friendly.
Edmondson Asks Separate Trial.
A sheaf of motions filed with JUS
tice Eicher during today's session
included an affidavit by Robert E.
Edmondson, a defendant, in sup
port of demand for a separate
trial. Edmondson charged in this
document that the trial was "regi-
mented and centralized under the
dictate of an all-powerful prosecu-
ton, whose totalitarian tactics re-
semble those of the Berlin Gestapo
and Moscow Ogpu"
Ira Chase Koehne, defense at
tOrney who drew $50 fine for con-
tempt of court for trying in open
court last Thursday to challenge
fractional part including "the upper
portions of the anatomy" of three
jurors, filed request for a review
of the courts judgment. Mr.. Koehne
denied he had been facetious and in
sisted that he was entirely serious
ara pointed out that, with 20 de-
PENDANTS and a total of 10 peremp-
tory challenges, actually his four
clients had only fractional part of
any juror to challenge.
The court took these and various
other motions under consideration
Without comment, and the trial pro-
ceeded in orderly fashion toward
selection of a jury. 1t appeared pos
sible sat the midday recess that the
jury might be completed by ad-
journment tonight.
Denies Nazi Political Ties.
Edmondsons affidavit in support
OF separate trial. was filed by his
attorney, Ethelbert B. Frey, together
with motion to delay the trial until
after the war. Edmondson said he
was not acquainted with 20 of the
defendants.
Nor do I know any of the alleged
1orelgn co-conspirators," he added.
Edmondson, who lives at Grass
valley, Calf, said he had engaged
IN no propaganda since 1910.
Il have never had any Nazi DO
lltlcal affiliation in the United States
or Europe" he said.
The Government used its first
lgaa CE0ITTnHi I.---- =