Evening star., 1944-07-31
Press Preview
OF ExhibitsH Hit
AT Sedition Trial
Roeee Denies Giving
lnfIommotory' Views
On Length Of Case
BY CARTER BROOKE JONES.

On Length Of Case
By CARTER BROOKE JONES.
Press reports of the sedition trial
came in for stormy discussion by
counsel in District Court today.
With Chief Justice Edward c..
Eicher considering the admissibility
of letters and other papers seized
at the Indianapolis home of William
Dudley Pelley, defendant, former
leader of the Silver Shirts, several
defense attorneys aSsailed publica-
ton of summaries of these docu-
ments before they were admitted in
evidence.
The proposed exhibits offered In
evidence by the Government as the
trial adjourned for the week end
last Thursday and protested Wig
orously by the defense. included
purported copies of letters written
by Pelley and by his associate, How
ard v. Broenstrupp. One was a
letter in which 'Pelley outlined to
Maj. Gen. George Van Horn Nose
ley, retired deputy chief of staff,
plans to alter the course of Ameri-
can history in two to four years"
Queried on New York Story.
Ben Lindas, attorney for George
Sylvester Viereck, demanded that
Chief Prosecutor o. John Rogge say
whether he was correctly quoted in
q Ncuy Vork youyepo ,,ar. that o+tr;h
uted to him the statement that "the
Government could complete it's case
in six weeks If the defense were
reasonable.
Mr.. Rogge said he did not want to
dignity the question with a reply,
but all he had ever said was that
at the outset of the case he had
expected to close in six weeks or
two months.
That may sound like fairy story
now" the prosecutor added.
Mr.. Lindas retorted that Govern
ment counsel should be required to
say when they expected to close
their case and when the endless
Niagara of useless documents
poured in here will cease and they
will start trying to prove this al
legged conspiracy"
The court said Justice Eicher.
"has no reason to doubt the good
faith of Government counsel and
feels they should be given a reason
able opportunity to prove their
case"
Rogge Denies Charge.
Defense Attorney John w. Jack
son interposed that Mr.. Rogge was
quoted in the newspa per PM as say
ing the American judicial system
was ponderous. Which judicial
system does he prefer?" demanded
the attorney for the Rev Gerald
B. Winrod. Il wish the court would
admonish Government counsel to
quit trying his case in the news
papers"
L resent counsels comment that
I am trying this case in the news
papers" Mr. Rogge snapped.
Then" Mr.. Jackson suggested.
will your honor request all counsel
on both sides to stop issuing in
flammatory statements to the news
papers?"
Justice Eicher said the court
would be glad to make such re-
quest.
P. Bateman Ennis. attorney for
Gerhard Wilhelm Kunze, former
national leader of the German
American Bund filed a written mo-
ton for mistrial based partly on
the alleged prejudicial situation
caused by publication of the Pelley
exhibits before they were admitted
In evidence The court said the
motion would be considered later.
Denies Effort to Slow up Trial.
Another defense attorney. Charles
E. Morganston, assailed published
reports that defense counsel were
delaying the trial. The motion and
objections which they made were to
protect the rights of their clients
and not to obstruct the case. he in
sisted.
Wed like to see the case wound
up tomorrow" he added.
Justice Eicher said he would con-
cede this except in certain specific
instances in which he had taken
action at the time.
Mr.. Ennis motion for a mistrial
also recited various allegedly pre-
JUDGED circumstances in the course
of the trial. These concluded:
THE turbulent atmosphere" in the
courtroom during selection of the
jury, 'and chaotic conditions in
court on many occasions since, to
which the defendant Kunze was not
a party and did not contribute"
Published Articles Cited.
Publication of articles mentioned
in former convictions of some de-
PENDANTS was urged as another
ground
Ethelbert B. Frey; attorney for
Robert E. Edmondson. handed the
court a written motion for a di-
rected verdict of acquittal, based
on headline in PM: "Rogge Will
Finish Sedition Trial If 1t Takes
Forever"
To prosecute forever" is a vio-
lation of the constitutional guaran-
tee Of a speedy trial, Mr.. Frey con-
tinued, and puts the Justice Depart
ment above the law.
Forever" he saw also as "a gross
violation Of the right of the tax
payers of the District of Columbia, y
who, repeatedly, would have to pay
part OF the trials cost.
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