Evening star., 1944-07-21
Arrest Of Klein
Ordered in
|Sedition Trial
Defense Attorney
FoiIs to Appear on
Contempt Charge
BY CARTER BROOKE JONES.

A bench warrant for the arrest
and return Of Henry H. Klein, abb
sent defense attorney in the sedition
case. was issued today by Chief
Justice Edward c. Eicher in Dis
trict Court when the New York
lawyer failed to appear in response
to an order to show cause why hi
should not be held in contempt for
quitting the trial.
The warrant will be sent to New
York to be served by the United
States marshal there. Mr.. Klein
may demand removal hearing in
the Federal Court for the Southern
District Of New York. He is ex-
pected to contend that the District
Court is without authority to order
his return on a contempt charge.
II a removal order is issued by
the Federal judge, Mr.. Klein will
be brought back by the New York
marshal's office, it was said here.
When Mr.. Klein did not answer
Justice Eicher's citation and sent
no word, apparently ignoring the
order to show cause, o. John Rogge,
chief prosecutor in the sedition case,
told the court he had been advised
by the New York marshal by tele-
phone that Mr.. Klein was served
personally with the citation last
Saturday.
Walked Out of Trial.
Mr., Klein. who represented E,,rene
N. Sanctuary, walked out of the trial
July 5, leaving with Justice Eicher
a paper assailing the Judge for his
alleged treatment of defense coun-
sci. The attorney had been fined
twice for contempt during the trial.
once for arguing with the court and
again for prolonging cross-exami-
nation in disregard Of the courts
order.
Sanctuary, reserve engineer om-
Ger who was on active service for
years. was represented for several
days by other defense attorneys des.
ignated temporarily by the court.
Justice Eicher then appointed Mar
vim Bischoff over the defendants
protest. Sanctuary wanted James j.
Laughlin, ousted defense attorney, If
Mr.. Klein failed to return.
The mass trial was in week -end
recess today, with Justice Eicher
studying the admissibility of 10 Gov
ernment exhibits seized at head.
quarters of the German
Bund at the time of the attack on
Pearl Harbor The court took the
question under advisezlent until
Monday. The defense challenged
the exhibits on the ground that Fed
eral agents seized them illegally.
No Search Warrant.
Special Prosecutor Joseph w.
Burns, admitting the documents
were seized without a search war
rant, denied that they were con-
f1scated illegally. He cited authority
for the seizure of corporate records.
pointing out that the. courts had
held these never were the property
of individuals.
Charles E. Morganston, attorney
for August Klapprott, deputy ma.
tional bund leader, maintained the
records were the property of Klap-
profit, since he was acting national
leader at the time and the bund
constitution vested sole ownership
in that official Kunze had fed to
Mexico. The Government had no
right to take Klapprott's property
without a warrant, Mr.. Morganston
said.
Justice Eicher, remarking that the
seizure raises a serious legal ques-
tion," invited defense counsel, when
adjournment was taken last night
to submit precedents for their con-
tention.
The exhibits, identified by william
Luedtke, former national bund sec
retary, include subscription lists Of
the bund newspapers, pamphlets
and q mass of other data.