Evening star., 1944-08-04
Eicher Weighs
Admission Of
Pelley Papers
Decision Expected
When Sedition Trial
Resumes Monday
By CARTER BROOKE JONEs.

NeSumeS Mon00y
BY CARTER BROOKE JONES.
Admission Of evidence considereA
OF vital importance to the Govern
ments case against some Of the 20
defendants in the sedition case
hinged today on . ruling by Chief
Justice Edward c. Eicher, expected
when the trial Is resumed MONDAY.
The prosecution has offered mora
than 200 documents, seized. accord
ing TO Government testimony, In an
F6I raid on the Fellowship Press At
the Noblesville und) plant main-
tanned BY William Dudley PeIley. 4
oeiendant. AL the defense ATTORNEYS
objected to the exhibits on various
grounds, among them that IL could
be proved, II the court gave them
the opportunity, that the papers
were connscated on an illegal search
warrant.
Justice Eicher took the matter
under advisement when the trial
was adjourned for the week end yes-
terday and noted legal citations Of
Tered by the defense In support Of
tne contention that the exhibits
were not admissible. Most of the
day was consumed with arguments.
FBI Aide Identifies Papers.
Bliss Morton, who led the SQUAD
sent from the Indianapolis ONCE Of
tne FB1, identified the documents.
Attorneys described them in general
terms as letters, magazines and
pamphlets.
When Lawrence Dennis. q de.
fendant acting as his own attorney.
started to take up the papers one
az a time, prepared to make his
opJectlons to each, Justice Eicher
interrupted to say he would not
allow the defendant to consume the
time to adjournment on an indi.
vldual scrutiny of the many ex-
nibits and make a laughing stock
Of this court"
Justice Eicher told Mr.. Dennis hs
could object to the exhibits AZ a
whole or take them up in groups.
Ine Harvard-educated author and
lecturer. a former counsellor in the
state Department, sat down, after
commenting that he wanted the
record to show he was denied his
constitutional right to object to all
the exhibits.
The record viii speak for ITSELF.
said Justice Eicher.
Attempts Political Parallel.
Mr.. Dennis said that while none
OF the documents mentioned his
name or affected him, he protested
against them because the Goyern-
ment's theory in this case was that
any defendant was responsible for
the act of any other.
On the same theory, he added.
President Roosevelt could be held
responsible for everything done at
local elections in the bailiwicks Of
Mayor Ed Kelley of Chicago or
Mayor Frank Hague of Jersey CITY.
because all three were members OF
the same party.
Political activities such as most
or the defendants admittedly an
gagged In, Mr.. Dennis argued. could
not be treated as white slave trafbc
or restraint Of trade. In fact. he
pointed out, labor unions had beer
exempted specifically from the anti
trust laws.
Mr.. Pelley," said the defendant
mas . metaphysical philosophy and
pe1ef IN the occult to which 7 a.
q free thinker, could hardly r,h-
scribe. To say that conspired With
him is absurd"
Pelley has said he believed IN
Hitler" retorted Chief Prosecutor q
Jonn Rogge. That's enough. He
neneved in national socialism n
doesn't matter what other philoso.
ply he had"
Hits 1nflammatory Material.
P; Bateman Ennis, counsel for
Gerhard Wilhelm Kunze, former
national leader of the German.
american Bund, said the documents
were concerned largely with anti
Semitlsm' which had no place In
~ tne Government has any direct
evioence OF this conspiracy" he ex.
Claimed, "let them lay their card,
On the table and quit hiding behind
this smoke screen of inflammatorv
material"
Inc defendants are charged with
oonspiring to undermine the LOYALTY
OF the armed forces.
Josepn H. Bilbrey, attorney for
franz K. Ferenz, said the exh;hit.
were concerned mostly with race
politics and religion, adding: "If
people can't petition Congress for
iear OF being charged with COUNSEL
ing characterization, we've lost orr