Evening star., 1944-07-23
- - sYH - z ~ -. ..
5!!l1l|yi!lllell''..Cha!lrg|'e,| ) |! !!
La'|uahll!iia: Il /: Gave. y { {. . !. !. .
IIl!e':oI'f'r,e|''c;'tDaile:.... /: ! { E ] |
'+s :tfs'efs n a~ F-..fs.+ss. > .ts+s
!. ..5''courrt. I Of Appeals !, =. :.
E, rs: Told Of Secret
j J !: .Seditions Herring ::
Dy ,CAxTER BROOKE JONES.

case would not begin Oh the dat<
sst, April ~. and. 20 the ace,iset
New York propasandist feHaainet
away until he was arrested thl
next day. y @1-'-,. =.
This evidence = contained in thu
purported Transcript Of the hearing
held In the chambers of Chief Jus
tice Edward G. Eicher, presiding 81
the sedition trial, was placed In thu
record by Mr.. Laughlin himself, in
connection with one of the many
motions, before the, appellate court
seeking to halt the trial and revere
orders issued by Justice Eicher.
sSmythe. also told Justice Eicher
according to the transcript, that
he was "rambanctious" in. thu
courtroom at the beginning OF the
trial because Mr.; Laughlin ad.
vised hira that there is, only onl
way to bull this. thing. up, and that
Is to drive the old man mad" 4,
Frequently interrupted Trial.
Snythe&wAs brought to the tria,
BY FBI agents. after it had beer
halted nearly. two days by his ab.
sence., He; had been picked tp in
Upper New York State, where hi
said he had gone on = hshing trip
During the early weeks Of the trial
Smythe frequently interrupted with
shouted imprecations and com.
mehts. He 'auleted down later in
the triakand since Mr.. Lauxhlin
left the case, under order Of Justice
Echer. and Smythe was given q
pew counsel NJ. Edward Buckley,
the defendant has3sbsen a model OF
courtroom decoruln. He remained
In jan NEARLY ! months. but now
Is out on 1000 bond.
The carefully guarded transcript
of the hearing before Justice Eicher
July 10, attended by Mr.. Buckley
md the Government prosecutors
was appended by Mr.. LaughNn to
IN amendment to q petition for a
writ OF prohibition filed some days
ago In behalf OF Eugene N. Sanctu-
lry. another of the. 2e defendants
sanctuary seeks to have Mr.
Lanshlin' ,reinstated as. an attorney
m the case to take over his defense
Mr. Laughlin:E was recorded las loca)
attorney for Col. Sanctuary, but this
defendant Was represented at thu
trial by Henry H. Klein, New York
attorney, who walked out of the a s.
July 5, leaving Sanctuary without
counsel. Justice Eicher since In.
named Marvin Bischoff rs sanetu.
arr's lawyer-over sanctuary,s, pro
test. -
The -smyths q ,,sailns x.s DE-
nounced by other defense 4 tto,nsy.
IN open court A. 4 star chamber
proceeding, to which they Were de
MED access. They demanded and
were refused record Of the pro.
ceeding. Mr.: Laughlin APPARENT,
got hold OF 4 transcript somehow.
This document was only one O
several papers filed yesterday il
District Court or. the Court Of Ap.
peah In the various ma tiers sim
niering without immediate decision
while the trial was In week-ent
recess.
klsin Wants Warrant Quashed.
: Mr.. Klein, Tor whom Justic,
Eicher issued 4 bench warrant wner
the attorney failed to answer YES.
terdsy n citation, to show caus,
why he xhould not be held In con.
tempt for quitting the case, movee
IN district Court to quash the war.
rant and the order to show cause
contending he had committed NJ
contempt and this court was with.
out authority to require his return
from New York. ThoSe motion,
were filed by Mr.. Laughlin, appear.
ing as special counsel for Mr. Klein
Mr., Klein attached an aaIldavi,
IN which he said he left the CT ;,
because he was east in terror by
the conduct Of the court in impos.
Ing hines on him for so-called con.
tempt Of court" "-..-,
Which fines" Mr.. Klein added
Il informed the court was. una Bic
10 pay. I also feared further fine.
and imprisonment ii i continued. in
the trial to assert by clients right,
BY offering objections to the ad-
mission Of evidence which I regard
ed IS tmmaterial- and irrelevant
and by asking questions on cross.
examinations at prosecution wit
nesses which, I; regard Is proper but
which the court might, regard Is i'm.
proper and meriting 4 penalty"
Mr.. Klein was fined twice dur
Ing the trial, each time $70o. The
New York lawyeE denied he had
deserted" his client, but. 'contended
ne had left with Sanctuary's con
,ent and. had filed with the court
document entitled exceptions, OBJ
Iections and motions" fully explain
ing his, position.
At the same time, Chief Prose.
cutor O. John Rosge and his asso-
ciate, Joseph w. Burns, and Philir
r. Miller; special Justice Depart.
ment attorney, filed In the Court OF
Appeals as counsel for Justice Eieh.
er an answer to the Sanctuary pc
tition, asking its dismissal, on the
ground that. it, would be unwar-
ranted interference with q. Judge s
rulings Id the midst 81 4 trial. The
petition, the Government attorneys
maintained, does not show that
sanctuary. has beer prejudiced OF
Continued on Page B-I0.)