Evening star., 1944-07-11
Sedition Defendant
Asks Court 10 Permit
Retention Of Lauqh|in
EImhurst Finds Buckley
Too Busy; Seeks Return
Of Ousted Lawyer
BY CARTER BROOKE JONES.

Dy SnAs - AAS DAeOOAAI SoANGos
Although James j. Laughlin was
ousted from defense counsel in the
seoition case six days ago, his name
continues to haunt the record of
the big trial with daily persistence
Ernest F. Elmhurst, defendant,
offered in District Court today a
petition asking that he be allowed
to retain Mr.. Laughlin as attorney.
Elmhurst started out in the trial
as one of four defendants repre-
sented by Ira Chase Koehne. Some
differences between Elmhurst and
Mr.. Koehne led to civil suit, and
the defendant then engaged M. Ed
ward Buckley as counsel. When
Chief Justice Edward C. Eicher
ordered Mr.. Laughlin out of the
case the court appointed Mr.. Buck
ley to defend Edward James Smythe,
one of Mr.. Laughlin's two clients.
Elmhurst now contends that since
Smythe was thrust" on Mr.. Buck
ley that attorney lacks time to give
sufficient attention to Elmhursts
defense.
Sought Eicher's Impeachment.
The Laughlin custer resulted when
the attorney filed petition at the
Capitol asking the House to i'm
peach Justice Eicher Mr.. Laughlin
took his dismissal to the Court of
Appeals, which refused Saturday by
a 2-to-2 ruling to hear the matter
F. The court did not pass on the merits
of the question Mr.. Laughlin i'm
mediately fiel motion for rehear-
ing, pointing out that the fifth jus
tice on the appellate bench, Justice
Justin Miller, had been absent from
the city and should cast the deciding
vote one way or the other 1t is
reported that Justice Miller plans to
be in the West for two months.
Meanwhile. the other Laughlin
client, Robert Noble. had a new at
torney today, the second since JUS
.tice Eicher undertook to provide
: him with new counsel The court
had appointed Marvin Bischoff. Ell
mer j. Garner. a defendant, who
died early in the trial, was repre-
sented by Mr.. Bischoff, who then
withdrew from the case. Noble still
insisted that he wanted to retain
his own attorney if he could not
have Mr.. Laughlin. and Justice
Eicher promised to reconsider the
matter when the defendant OBJ
.tained counsel
When Mr.. Laughhn first left the
, case, the court named j. Austin
Latimer to defend him. Mr. Lati-
mer already represented George E.
Deatherage and James True. Both
Noble and Mr.. Latimer objected to
this arrangement, and the lawyer
told the court his two clients did not
want him to take on any one else.
Young Still on Stand.
Charles Joseph Young. Govern
ment witness from California, still
was under cross-eXamination when
the trial was resumed today. Young,
born in Germany and naturlized
many years ago. testified that he
joined the American Bund
in Los Angeles to investigate it for
naval intelligence.
Justice Eicher sustained the wit
ness objection to showing naval
intelligence credentials which he
had in his pocket. Mr.. Young ex-
planned that the paper was signed
by an officer who preferred not to
have his name revealed. The court
examined the credentials
William J. Powers, defense at
.torney. asked that the document be
impounded until he could complete
an investigation he said he had
started through naval intelligence
and the Senate Naval Affairs Com
'mittee to find out why reports of
intelligence investigation were made
to an officer of an organization he
considered subversive. He referred
to Joseph Roos, to whom the witness
said he had made reports Roos, ac-
cording to the defense, was an off,
cial of the Bnai Births Anti
Defamation League.