Evening star., 1944-08-13
Sedition Defendants
May Get Early Ruling
On bund Office Raid
BY CARTER BROOKE JONES.

On Bund Office Raid
BY CARTER BROOKE JONES.
Chief Justice Edward c. Eicher
may sidetrack the sedition trial
briefly this week to inquire into the
legality Of the Governments seizure
Of papers at German American
Bund headquarters in Los Angeles
Immediately after Pearl Harbor.
While the Judge has not ruled on
the matter, there were indications
yesterday that the Government will
not oppose the motion of defense
counsel for such an inquiry. The
trial will be resumed in District
Court tomorrow, and the issue,
raised at the opening of the case,
is expected to be brought up again
early in the week.
Testimony may be taken and the
special inquiry may require a day
or more. Justice Eicher then will
pass on whether the documents con-
fiscated by the Federal Bureau of
Investigation and about to be Of
fered in evidence were seized under
a valid search warrant or other
legal means.
Two Attack Seizure.
At the beginning of the trial,
William A. Gallagher and Claude
A. Thompson, attorneys for Herman
Max Schwinn, West Coast bund
leader, and Hans Diebel, proprietor
OF the Aryan Bookstore in Los An
geles, filed motions asking suppress
sion Of this evidence on the ground
that 1t was obtained illegally and in
violation Of the constitutional rights
OF the two defendants. The motions
charged that If there was a warrant
1t was illegal and that the accused
men had reason to believe the Fed
eral agents entered the Deutches-
haus without legal writ.
Justice Eicher at the time denied
the motions without prejudice to
considering them later in the trial.
when the Government was ready
to bring in these exhibits. This
point Is about to be reached.
When the matter was alluded to
at the weekend recess Thursday.
Chief Prosecutor o. John Roppe in
dlcated 1t might be necessary to 20
into it, although there was q tech
nical question of whether the mo-
tions were filed before the trial, as
required. While they were pre-
sented the opening day, April II.
1t was pointed out, the trial did not
actually start until late the next
day.
Smythe Defends Eicher.
Meanwhile, another of the rs de-
fendants charged with conspiring
to undermine the loyalty of the
armed forces issued a statement
defending Justice Eicher. whom
many defense attorneys and de-
PENDANTS have sought to disqualify
for alleged prejudice and whose
impeachment has been asked by
James j. Laughlin, ousted defense
lawyer. The defendant is Edward
James Smythe of New York.
Smythe, who formerly was at
odds with the presiding judge, but
changed his attitude after breaking
with his former attorney, Mr..
Laughlin, said: The time has long
since passed that some one con-
nected with the sedition case rise
IN the defense Of Justice Eicher and
his conduct of the mass trial"
Smythe added: While of course
Justice Eicher needs no defense for
his judicial conduct of this case:
nevertheless I feel that as a leading
defendant in this Gilbert and Sui
llvan comedy of laughs and errors,
l should do just that.
Doesn't Want Mistrial.
When history is written about
this most historic case, the chief
justice will take his place as an
outstanding American jurist with a
deep sense OF fair play and justice.
I have no doubt of that. Then let
the defense attorneys get down to
basic principles involved and try
this case on its merits and stop
AAANAAAA6 q AA1SdS VI U1llS
struggle for civil liberties"
Smythe said he did not want a
mistrial, adding: Nor do want to
see this trial stopped. I want to be
cleared of these nefarious charges
and 1 want to see 1t 60 on to the
end, regardless Of how long it takes.
The constitution is on trial here.
and we are but the symbols through
which the enemies of America want
to destroy it."
Smythe's statement was issued
through the Office of his attorney,
M. Edward Buckley, jr. At the
same time, the defendant made
public telegram he sent to Dis
trict Attorney Frank S. Hogan in
New York offering Smythes serv-
Ices In prosecuting Edwin P. Banta.
charged with falsely accusing Ar
thur Derounian, prospective Gov
ernment witness in the sedtion
case, of criminal assault on a young
woman. Derounian, under the
name Of John Roy Carlson, wrote
Under Cover" an expose of Fas-
cism in the United States. Smythe
told the district attorney he knew
Banta we'll, did not believe his
charge against Derounian and had
information against the writer's
accuser which he would be glad to
furnish. Banta has been arrested,