Evening star., 1944-05-05
Prosecution Rests
In Trial Of LaughIin
On Contempt Charge
Unanswered Allegations
Alone Enough to Convic,
Lawyer, Burns Says
BY CARTER BROOKE JONES.

Special Prosecutor Joseph w.
Burns rested in District Court
today the Governments con-
tempt case against James J.
Laughlin, a defense attorney in
the interrupted sedition trial,
after telling Justice Jenning
Bailey that unanswered charges
in the prosecution petition alone
were enough to convict the ac-
cused lawyer of 'tmaliciously'
making a "scurrilous" attack on
the character of Chief Justice
Edward G. Eicher, presiding at
the mass trial.
Mr.. Lauehlin began a defense
which would, he estimated, REQUIRE
three days, possibly delaying further
the sedition trial which is set for
resumption Monday.
Death Won't Delay Trial.
The trial will not be delayed.
however, by the death yesterday of
Elmer J. Garner, 80-year-old de-
fendant, Chief Prosecutor O. John
Rogge said.
In closing the contempt case
against MIR. Laughlin, Mr.. Burns
referred to a portion of the Govern
ment petition against the attorney,
reciting an affidavit asking Justice
Eicher to disqualify himself from
presiding further.
This affidavit, supporting one of
several such motions filed by MIR.
Laughlin, was signed by the defend
ant, Robert Noble. 1t accused Jus
tice Eicher of taking the case under
promise of being rewarded by Presi-
dent Roosevelt with promotion if the
80 defendants were convicted.
A Court of Appeals judgeship or
possibly a place on the Supreme
Court was the alleged reward held
out to the judge, according to the
Laughlin motion and affidavit.
Mr.. Burns said the affidavit made
no pretense of showing the source
OF the information on which it was
based" and it could be assured that
the Government was correct in
charging it was "maliciously" filed
with its only purpose a "contemptu-
ous' and "scurrilous" attack on JUS
tice Eicher's integrity.
Laughlin's Answer Attacked.
Mr.. Burns told the court Mr.
Laughlin's formal answer to the
contempt citation had "set forth no
facts in justification" of the motion
Thus it could be assured, the prose
cutor contended, that it was IAN
attack on the dignity of this court. u
He added:
There is nothing in the present
record which would require any
further evidence to Show that the
respondent Gaughlin) is in con-
tempt of court"
Mr.. Burns said the Government
would be glad to call Justice Eicher
if the court desired and he under
stood the defense would call the
chief justice, but at present the
prosecution would rest.
Mr.. Burns called two newspaper
men to testify concerning an
nounced plans of Mr.. Laughlin tc
call as witnesses in the sedition case
Harry L. Hopkins and David Niles
presidential advisers, to describe eff.
forts to purge" Senator Gillette
Democrat, of Iowa when he was a
candidate for reelection. One
newspaper account admitted in evil
dence said Mr.. Laughlin did not
say how the information would helu
his clients"
Ulterior Motive Charged.
Mr.. Burns explained to the court
1t was the Governments contention
that Mr.. Laughlin gave such infor-
nation to the press solely from
the ulterior motive" of trying to
prejudice the case and influence
jurors and that in some cases Mr.,
Laughlin had not even filed the
motions.
Haven't I told you?" Mr.. Laugh
lin asked Frank B. Alan OF Inter-
national News Service on cross-ex-
animation, never to write up one
of my motions until it was filed in
court?"
I'm most instances, yes, the re-
porter replied.
You have often visited my office
to obtain information about the
trial?"
Yes"
Have ever gone to your office?"
No"
With reference to his announced
(see sEDTTION, Page A-S.5