Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-10-10
Judge Eicher Weighs
Defense Motions 10
End Sedition Trial
BY CARTER BROOKE ZONES.

considered today, as the sedition
trial continued, defense motions to
end the celebrated case in mistrial
or halt 1t until after the election
because President Roosevelt in his
speech last Thursday denounced an
founded and led by
one Of the 26 defendants.
The presiding Judge, taking the
motions under AMUSEMENT after
brief arguments late yesterday, said
he was not prepared to rule on them
Immediately and the attorneys
would be given until noon tomorrow
to file additional motions or written
arguments.
Twelve defense attorneys moved
for a mistrial and another for a
postponement until the national po-
litical campaign is over. They con-
tended their clients had been preju-
diced hopelessly by the presumption
that the jury had heard or read the
speech in which the President linked
the Silver Shirts land others on
the lunatic fringe" with Hitler's
Brown Shirts and Mussolini's Black
Shirts. The Silver Shirts were
created and directed by William
Dudley Policy, defendant.
Arguments Limited.
Justice Eicher heard oral argu-
ments, bearing only on the demand
for nistrial, from Pelley's attor-
ney, William j. Powers, and John
w. Jackson, counsel for Gerald B
Winrod.
The court declined to hear Ethel
bert B. Frey, attorney for Robert E
Edmondson, who first brought the
Presidents speech to the court s
attention Friday with a demand for
postponement of the trial until after
the election!
Two other defense attorneys op-
posed either a mistrial or a de-
ferment. They were Charles E
Morganston, counsel for August
Klapprott, former deputy leader OF
the German-American Bund, and
Frank j. Kelly, attorney for Pres
colt F. bennett, Washington pub
licist, former secretary of a COM
mittee to force Europe to pay war
debts.
Mr.. Morganston, pointing out
that it was proposed to stop the
trial temporarily because it was q
political case, added: IF it is, ii
still will be after certain date
We object to either a mistrial or a
postponement. About half this
trial is over and in order to save
the taxpayers and SO that the eff
forts of defense counsel will not be
in vain, I move that this trial
continue"
Mr.. Kelly also opposed either
motion
Interposes Questions.
During Mr.. Jackson's argument
Justice Eicher interposed a num-
Der of questions. He pointed out
that courts had held mere oppor-
tunity for the jury to have been
prejudiced was not enough ito
vitiate a jury trial"
Mr.. jackson commended that the
Presidents reference to the Silver
Shirts was almost the counterpart
of what Chief Prosecutor O. John
Rogge said in his opening state
ment to the jury. Never in the
judicial history of the country, he
declared, has high official of the
so caStigated one on
trial.
While the Silver Shirts was Pei
ley's organization, the attorney
argued, in this conspiracy case it
means Winrod and every other
defendant"
Justice Eicher asked whether such
a drastic remedy as a mistrial would
be required If the President did no
more than state what was alleged
in the indictment itself. "
This, the court pointed out, was
a statement made by the Chief
Executive, the superior in the Gov
eminent of the Attorney General
and the officers prosecuting this case,
yet it obviously would be quite in
consistent Tor any one connected
with the prosecution not to believe
that the evidence was sufficient to
justify the indictment and trial.
Scope Of Indictment.
Mr.. jackson said the statement
went beyond the scope of the in
dictment and the Governments bill
of particulars. Where in these docu-
ments, he asked, do you find ref
erence to "the lunatic fringe?"
Would that" asked the court,
"be favorable or unfavorable from
the point of view of criminal re-
sponsibility?"
Since the President, In effect,
questioned the sanity of the de-
PENDANTS, Mr.. Jackson replied, he
didn't see how the trial could con-
tinue until that question is nqui-
dated"
The attorney declared that. al
though he was not attacking the
integrity or good faith Of the Pres
NEUTRALITY-SUSPICIOUS.