Evening star., 1944-06-20
Eicher Rejects
Motions 10 End
Sedition Trial
OverruIes PIeus
Based on HurtzeI
Case Decision
BY CARTER BROOKE JONES.


Chief Justice Edward C. Eicher
refused in District Court today
to end the mass sedition trial
on a series Of defense motions
urged yesterday.
The defense contended the prose-
cution of the 20 persons charged
with conspiring to incite the armed
forces to mutiny could not continue
In view of the Supreme Courts de-
cision in the Hartzel case a week
ago. The conviction of Elmer Hart
eel of Chicago on similar charge
was reversed on the ground that the
Government failed to offer sufficient
proof of deliberate intent to in
f1uence troops in the circulation Of
"scurrilous" pamphlets attacking
Americas war aims and her Allies.
Justice Eicher overruled motions
for mistrial and directed ver-
dict of acquittal.
The court held that the majority
opinion in the Hartzel case was
not an exact parallel which would
stop the present case.
Court Draws Distinction.
Justice Eicher pointed out that
Justice Murphy, author of the opin-
ion, emphasized that HartZel act
ed. so far as the evidence showed,
as an independent citizen and had
no connection with "a foreign or
subversive" organization. The 20
defendants are alleged to have con-
spired with Nazi leaders in Ger
many to SOW disloyalty among the
American armed forces as part of
a plot to overthrow the Govern
ment and set up national social
list state.
This court" said Justice Eicher,
cannot avoid the conclusion that
the Supreme Court by its majority
opinion has in mind that publica-
tions independently by citizens
without any further background is
one thing, but that these same
publications, call it propaganda If
you will, against background of
foreign inspiration, if you would call
1t that, might be quite another thing"
Thus, he explained, the jury
might find specific intent to violate
a statute, if the court held the evil
dence sufficient to go to the jury.
Hard to Prove Conspiracy.
Justice Eicher pointed out that
conspiracy, one of the oldest crimes,
was one of the most difficult to de-
tect and prove, and the courts, since
time immemorial, had given the
prosecution considerable latitude in
these cases. He held that the court
had no discretion at this stage of
the trial, adding:
There is nothing for the court to
do but continue to accord to the
Government the opportunity to
present its evidence"
Justice Eicher ruled that "any
relevant evidence bearing on intent
would be admissible. syen though
acts involved were not nnIaWful at
the time they were eofafnitseds
Arguments on tie defense motions
occupied the entire day yesterday.
Rogge Outlines Plans.
Chief Prosecutor o. John Rogge,
replying to the defense, revealed
for the first time some of the evil
dence with which he said he would
prove the defendants intended to
Influence the armed forces. Mr..
Rogge outlined testimony which
would show, he said, that certain
defendants wrote and discussed en-
listing the military in their move
ment, talking directly to Army
officers in some instances. The
plans for eventual violence, the
prosecutor told the court, included
seizure of certain public utilities as
the first step.
With the motions disposed of, the
jury was called back and a Govern
ment witness, William Luedtke, for
mer national secretary of the Ger
man-American Bund, resumed the
stand