Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-04-16
,edition Trial, Starting
Tomorrow, Expected
To Last Two Months
BY CARTER BROOKE JONES.

women, charged with a Seditious
conspiracy against the United
States, will go on trial before
Chief Justice Edward C. Eicher
in District Court tomorrow in a
legal battle expected to last from
three to four months.
The eve of the trial brought sew
eral developments yesterday as
three prosecutors from the Justice
Department and more than a score
Of defense attorneys marshalled
their evidence for bitter struggle.
On behalf of II. Victor Broenstrup
Of Washington and New York, de-
PENDANT, subpoenas were issued for
Secretary of State Hull, Secretary
of the Treasurer Morgenthau, ST.
preme Court Justices Frankfurter
and jackson and the presiding Judge
at the trial, Justice Eicher, to testify
as defense witnesses. Chairman
Dies of the House Committee on I'm
American Activities was another
named as a necessary witness for
Broenstrup.
Secretary Hull, 1t was explained,
was wanted to bring records and
diplomatic correspondence relating
to American recognition of the Nazi
regime in 1888 and continuance of
diplomatic relations with it until
this country was involved in the
war. The defendants are accused of
carrying on a Nation wide con-
spiracy to aid German officials in
setting up Nazi form of govern
ment in the United States.
Ruling Due Later.
Broenstrup wants to question the
two Supreme Court justices con-
corning their knowledge of the Sit
uation, Representative Dies about
subversive activities his committee
unearthed, and Justice Eicher to
perfect the record" in the present
case.
Secretary Morgenthau was sum-
moned to identify records of income
tax refunds said to have been made
former Gov. Herbert Lehman of
New York.
While there was no official dis
cussion of the subpoenas, it was as
suned at the courthouse that they
would be served sometime before the
defense is ready to begin testimony,
with the presiding judge determin-.
ing the relevancy of the proffered
evidence when the time comes.
The same situation, it was re-
called, occurred in the case of
George Sylvester Viereck, who was
convicted of acting as a German
agent without complying fully with
the alien registration law. Viereck,
also defendant in the present case,
is serving a prison term on the pre-
vious charge. His attorneys sum-
moned Secretary Hull and other
high officials, but their testimony
was excluded as not pertinent to the
issue.
Defense Move Fails.
Another development of the week
end was the denial by the Court of
Appeals of motion by another de-
PENDANT, James True, for permission
to file. a petition to exclude Justice
Eicfer' from presiding at the trial
The court held an affidavit charg-
ing prejudice had been filed too late
under the statute to be considered.
Other defendants had sought to
Join in this move.
Meanwhile, Robert Noble ofsInS.
Angeles, another named in the cone
spiracy indictment, sought to sum
mon Maj. Gen. Walter c. Short and
Rear Admiral Husband E. Kimmel,
who commanded the Army and
Navy forces in Hawaii at the time
Of the Japanese attack.
Noble, according to his attorney
wants to show by such witnesses
that the administration at Wash
ington and the Government knew
that an attack was imminent and
that the peace and security of the
United States was in danger, but
that officials turned q deaf ear to
the pleas of Gen. Short and Ad-
mfral Kimmel and told them that
the loathesome government of ia
pan had no designs on the United
States"
Still another last minute turn in
the case was an order by Justice
Eicher to James v. Bennett, di-
rector of the Federal Bureau of
Prisons, to appear tomorrow to
answer the charge of Noble that
his mail had been interfered with
while he was in jail
Convicted in California.
Noble, whom the Justice Depart
ment described as head of James
True Associates and publisher of
Industrial Control Reports, was
convicted in July, 1912, Of violating
the California sedition law and SEN
fenced to five years. He now is in
District Jail.
While Justice Eicher already has
rejected many preliminary motions
by defense attorneys, denied pleas
for separate trials and overruled
demurrers, the defense is expected
TO urge another point when the case
is called tomorrow. This is the
contention that each of the 80 &C
cused persons has the right to ex-
clude 10 prospective jurors on Pc
remptory challenges.
The Government contends that
the entire defense has only 10
challenges. The prosecution has
six. If the defense wins this point,
1t may delay selection of a jury in
definitely
The indictment, the third in a
series in which the present de-
PENDANTS and some others were
named, was returned January 3 of
this year. 1t charges specifically
that the 80 persons conspired to %
Advise, counsel, urge and cause in
surbination, disloyalty, mutiny and
refusal of duty by members of the
military and naval forces of the
United States; and to (2) "Distri-
butte and cause to be distributed,
written and printed matter advis-
ing, counseling and urging insubor-