Evening star., 1944-08-05
Klein Fears Murder
In Cell if Returned
Here, Says Affidavit
Sedition Counsel Refers
To 'OdorIess Poison on
Inside of Administration
BY CARTER BROOKE JONES.

ny NAn1Eh 0htJOAE JONES.
Il don't want to be tossed into q
prison cell and murdered said
Henry H. Klein, s.dition case de-
tense attorney, in an afndavit on
file in the United States Commits
sioner's office in New York today In
support of the lawyers efforts to
prevent his return to Washington to
face a contempt of court charge.
Mr.. Klein, who was cited by Chief
Justice Edward c. Eicher of Dis
trict Court because he walked out
of the trial month ago In protest
against rulings of the court, re-
ferred in the afI1davit, the Associated
Press reported, to:
"An odorless, tasteless poison
which Is known to those on the m
side of the present administration. >
Represented by Laughlin.
Mr.. Klein contended he would
face these consequences If his re-
moval to Washington were ordered.
Commissioner Garrett w. Cotter
adjourned the removal hearing until
August 18, when Mr.. Klein will be
allowed to offer further reasons
and perhaps testimony in support OF
his argument that his return would
be illegal and unjustif1ed. He is
represented by james j. Laughlin,
ousted defense attorney in the sedi-
ton case.
When the matter was taken up by
the commissioner yesterday after a
week had been granted for the filing
OF briefs. Assistant United States
Attorney Richard Burke produced
the bench warrant issued by Justice
Eicher and a portion of the record
at the sedition trial as evidence
of the contempt citation and asked
that the attorneys removal be
ordered.
Fined Twice.
Mr.. Klein represented Eugene N.
Sanctuary of New York, one of the
rs defendants in the sedition case
The attorney had been fined twice
for contempt during the trial. the
last time for prolonging a cross
examination in disregard of the
courts order, and he quit the case,
leaving with Justice Eicher a memo
randum in which the judge was
charged with unfair and tyrannical
conduct.
Sanctuary, left without counsel,
was asked by Justice Eicher to OBJ
tain another attorney, but deferred
this, he said. in hope that MIR. Klein.
who had worked on his defense for
l8 months, would return. The court
then named Marvin Bischotf to rep
resent Sanctuary. but the defendant
protested the appointment, asked
for Mr.. Laughlin If he could not
have Mr. Klein and refused to con-
fer with his court-appointed lawyer.
With the mass trial in adjourn
ment today, Justice Eicher studied
the admissibility of documents be-
lieved to contain the most important
evidence adduced by the Govern
ment since the trial started nearly
four months ago. All the defense
attorneys Joined in objecting to the
exhibits on various constitutional
and statutory grounds.
Seized by FBI.
While the exhibits, according to
identifying testimony. were seized
by the FBI at the Noblesville Ind.)
publishing plant of the defendant.
William Dudley Pelley. former leader
OF the Silver Shirts, the arguments
over their admissibility indicated
several other defendants also were
affected by the letters, pamphlets
and magazine which the Govern
ment sought to bring before the
jury.
Defense attorneys spoke of refer
ences in the papers to George E..
Deatherage, Howard v. Broenstrupp
Hans Diebel, Elizabeth Dilline
Charles B. Hudson, Ellis o. Jones
w. R. Lyman, jr.; Sanctuary, Ed
ward James Smythe, Ernest F. Elm
hurst. Garland l.. Alderman and
others.