Evening star., 1944-12-01
MistriaI Is Expected
To Be Ordered for
Sedition Defendants
Counsel Held Unlikely
To Agree to Allow
Proceedings to Continue
BY CARTER BROOKE JONES.

By CARTER BROOKE JONES.
While several defense attor.
neys in the sedition case said
today they would be willing te
see the mass trial continue, de-
spite the death of the presiding
Judge, Chief Justice Edward C
Eicher, indications are that a
number of their colleagues will
object to such a course if they
are asked to concur when Justice
James M. Proctor takes up dis
position of the interrupted triaI
on December 7.
Meanwhile, the prosecutors in the
case, o. John Rogge and Joseph w
Burns, special assistants to the
Attorney General, had no comment
to make pending further study and
developments
Could Waive Rights.
Attorneys said there had been
cases in which a trial had been
continued after the death of the
Judge, with new judge taking over,
but in these instances all counsel
concerned were said to have waived
their right of mistrial and agreed
to the rare procedure. 1t was taken
for granted that such unanimity
would be impossible in the sedition
case. Many defense attorneys in
=. the long trial have moved repeated
ly for mistrial on much less COM
pelling grounds
Justice Proctor convened the trial
at its usual hour, pm, yesterday.
He said 1t was his very sad duty to
announce the death of Justice
Eicher. He added that he saw
nothing to be done with the case
Immediately and would defer further
action for a week.
After adjournment, defense attor-
neys held meeting in the court
room. They agreed, it was learned
that there was nothing before
them" no proposal requiring their
action.
Dennis Opposes Mistrial.
La oNACASC DCllI11S, bIle I1dI NdIu-
educated defendant, who represented
himself at the trial, repeated after
the meeting what he often said in
court, that he did not want a mis-
trial, but wanted to win the acquit-
tai he was confident any jury would
give him. The author and former
State Department attache added
that he necessarily would have to
defer to the wishes of other de-
PENDANTS and their counsel and he
did not think there was a chance
they would agree to continue the
trial
MaXimilian J. St. George. ATTORNEY
for Joseph E. McWilliams, former
head of the Christian Mobilizers,
and Albert w. Dilling, counsel and
former husband of Elizabeth Dilling,
author of The Red Network" said
they had not wanted a mistrial and
would prefer to leave the decision
to the jury. But they doubted ex-
tremely that it would be possible
to go ahead.
W AAAioAll u O"cIS, dbIOI1leN LOT
William Dudley Pelley, once leader
of the Silver Shirts, commented that
a mistrial was automatic when the
judge died. and this could be avoided
only If all defendants would waive
their constitutional rights-a con-
tingency he regarded as impossible
here. Mr.. Powers indicated that he
personally had wanted to press the
trial to conclusion.
Others Are Silent.
Other defense attorneys reserved
comment until they had chance to
study the matter further.
Courthouse observers predicted a
mistrial. They pointed to the vir-
tually impossible task of expecting
a new judge to assimilate a record
seven and half months in the
making and to familiarize himself
with the hundreds of exhibits and
the many intricate legal bypaths
through which the trial has wound.
Justice Proctor gave no indication
Of whether he would entertain any
motions or call on counsel for dis
cussion when he takes up final dis
pOSal of the celebrated case.