Evening star., 1944-05-22
|NistriaI Denied,
|Eicher Fines2
InSedition Case
Justice Takes Stern
Measures to Prevent
Outbreaks in Court
By CARTER BROOKE JONES.

Chief Justice Edward C. Ell
cher, denying in District Court
today defense motions for a mis-
trial in the mass sedition case,
|put down with stern measures
the defiant refusal of a defense
attorney and defendant to stop
talking and sit down.
Henry H. Klein, New York attor-
ney, defending Eugene N. Sanctuary.
drew an eventual fine of 5000 after
an original $50 fine for contempt OF
court was increased gradually as
the lawyer kept on arguing with the
court, finally exclaiming that the
judges action was IAN insult"
Ellis 0. Jones, one Of the % de.
PENDANTS, who represented himself.
drew fine of 500 for ignoring a
demand from the bench that he
take his seat.
Jones was ordered committed to
jail unless the fine Is paid by Thurs
day He is already in District Jail.
Judge Warns Defendants.
The court followed the fines with
this warning:
There have been disturbances by
defendants to the orderly procedure
of this trial.
"AH defendants will have the op-
portunity to take the witness stand
II they desire. They have no right
to interrupt the court at any other
time.
THE next time any defendant
creates a disturbance that interferes
with the orderly course of this trial
ne will be sentenced to one week in
Jail, and for each succeeding offense.
to double the term"
These penalties, the court ex-
planned, will be imposed at the close
OF the trial, and, in case of convic-
ton, will follow any other sentences
which may be imposed.
Klein Objects to Time.
The f1are-up between some de-
tense attorneys and the bench came
during discussion of how much time
defense counsel would be allowed
Tor their opening statements to the
jury. The, jury had not been
brought in.
Mr.. Klein, objecting to the allot-
ment of time, kept talking when
Justice Eicher told him the matter
was settled and he wanted to hear
no further argument. }
| That's not fair" Mr.. Klein
shouted.
The court told the attorney he
was fined $50 for contenapt of court.
the fine to be paid by Thursday.
I have no $50 to pay" Mr.. Klein
retorted, land I object to being
shut off without being allowed to
make my objections for the record"
will you sit DOWN." Justice
Eicher demanded.
I have right to offer any OBJ
lection choose" Mr.. Klein per-
sisted, raising his voice.
You are fined an additional S25,"
said Justice Eicher.
4 haven't got that either" Mr..
Klein replied. why, think that's
an insult"
| The fine was increased to $100.
Il appeal" Mr. Klein exclaimed.
Then you will furnish an appeal
bond of $780," said Justice Eicher.
Il have right =" the attor.
ney continued angrily.
The court announced the fine was
increased to 5000, the appeal bond
set at $400.
| Finally Takes His Seat.
Mr.. Klein finally sat down, de-
claring he was being deprived of his
right to protect his client.
Jones, rising to discuss his planned
opening statement, charged he was.
being placed in jeopardy twice for
the same alleged offense. This, the
court informed him, was not at
issue at present and the defendant
was out of order. Jones kept talking,
Will you be seated?" Justice
Eicher urged.
Jones continued to argue, and
Justice Eicher imposed the fine of
$100.
Justice Eicher took no immediate
action on petition by James j.
Laughlin, defense attorney, to
have Prosecutors o. John Rogge
and Joseph w. Burns cited for con-
tempt of court for allegedly giving
the Washington Post advance infor-
nation on the trial. Mr.. Laughlin, in
(see sEDITION, Page A-51