Evening star., 1944-05-18
Justice Eicher Studies
Mistria| Pleas Citinq
Courtroom Disorder
Defendants Claim
Jury Was Preiudieed by
Yesterdays Turmoil
By CARTER BROOKE JONES,

ny S1AASAAAS DASOoAAC OO1N1Os
Chief Justice Edward c.
Eicher took under advisement in
District Court today a series of
defense motions to declare a
mistrial in the mass sedition
case because of the turbulent
session of the trial yesterday
and "inflammatory" assertions
of Chief Prosecutor o. John
Rogge in his opening statement
to the jury.
The trial was not interrupted, but
Justice Eicher said he was reserving
decision.
The court disclosed that the mat
ter was under consideration when
P. Bateman Ennis, counsel for the
former German-American Buno
leader, Gerhard Wilhelm Kunze, de-
clared the jury obviously was pref
udiced hopelessly by court decis-
sion which resembled "a Bowery
barroom brawl."
LaughIin Also Asks Mistrial.
Another defense attorney, James
j. Laughlin, moved, in the absence
of the jury, for mistrial because
he said, some jurors saw certain de-
PENDANTS being removed from q
marshal's van in handouts this
morning.
Defendants in custody, he added
recognized some jurors and woulc
testify to this.
Justice Eicher said he would in.
quire into the episode later and
meanwhile. would reserve Judgment
During the morning. Justice Eich.
er rejected a sheaf of motions fol
directed verdicts finding certain de.
PENDANTS not guilty,
Today's session began in, an at.
mosphere of attentive quiet, ir
amazing contrast to the clamor Of
voices, derisive laughter, boos anc
even applause that made yesterday
a remarkable day in District Court
annals.
Defense attorneys continued today
to address themselves to the openine
statement to the jury which Mr.
Rogge made yesterday in the face
of so many Interruptions.
They contended the prosecution
had not confined himself to the in.
dlctment, which charged the 20 de-
PENDANTS only with conspiring tt
incite disloyalty and mutiny in the
armed forces.
They pointed out that Mr.. Rogge
had said he would link them with
Hitler and his Nazi leaders in q
worldwide movement to overthrow
democracies and set UP totalitariar
governments.
Court Rejects Arguments.
Individually, the attorneys argued
that the prosecutor had failed tc
link certain defendants with any
conspiracy in his outline of the case
But the court rejected these motions
apparently on the theory that the
Government did not lave to disclose
all its evidence in all opening state
ment.
Ben Lindas, counsel for George
Sylvester Viereck, opened the de-
Tense objections with a demand fol
mlstrial, or, in lieu, a directed
verdict for the alleged German
propagandist.
Mr.. LlndaS aSsailed the Govern
ment's opening statement as an ar
ray of deductions.
| To denounce, eXcOriate and in
crlminate man who is supposed
to be innocent until proved guilty.
the attorney said, lis something ]
have never heard"
Mr.. Lindas added he would never
forget yesterday, when "a helpless
man was forced to listen to ti-
rade of vituperation."
Criticizes Rogge's Statements.
The prosecutor, added the at
torney, said the defendant Viereck
visited Germany in 1889. Since when
did that become a crime? He said
the defendant engaged in the pub
fishing business. Since when was
that a crime? He saiG the de-
fendant wrote against our Allies.
We had no Allies until we entered
the war;
Mr.. Lindas asked if Prosecutor
Rogge ever heard of the writings
of Jefferson and other early patriots
of this country and whether he ever
heard of Valley Forge
Either his client is entitled to the
protection of the courts, the at
torney contended. or lets be honest
about it and open a concentration
camp"
The motions were denied.
Mr.. Ennis, in addressing the
(See SEDITION, Page A-3.)