Evening star., 1944-10-01
Court
Releases Klein
Bond
Eicher OverruIed
IN Denying Release
Pending Appeal
By CARTER BROOKE ZONES.

Su0tstS HpPSOI
BY CARTER BROOKE JONES.
The Court Of Appeals, overruling
Chief Justice Edward c. Eicher Of
District Court, released Henry H,
Klein, a New York attorney, on
81 500 bond yesterday pending an
appeal from q 90-day sentence i'm
posed on him Friday for contempt
of court at the sedition trial.
Justice Eicher had meted out the
penalty because Mr.. Klein quit the
trial July 5 without permission of
the court, leaving his client, Eugene
n. Sanctuary, without an attorney.
The Judge denied BAIL and Mr..
Klein was committed to District
Jail.
Mr.. Klein's attorney, James J.
Laughlin, also former defense
counsel In the sedition case, filed
formal notice of appeal and at the
same time left special petition
with the Court of Appeals. asking
that Mr.. Klein be admitted to bail
at once. Mr.. Laughlin pointed out
In the petition that If the appeal
were heard in the regular course,
and bail were denied, Mr.. Klein
would have served the entire 90 days
before the appellate court could de-
eide the matter.
Klein Posts Bond.
Acting within a few hours, the
Court of Appeals, in an order signed
by Chief Justice D. Lawrence Groner
and Associate Justices Henry w.
Edgerton and Thurman w. Arnold.
ordered Mr.. Klein's release as soon
as he furnished cash bail or a satis-
factory bond of 81 500.
An hour later Mr.. Klein was
brought from the Jail to the court
house, where Mr.. Laughlin and Isaac
p. Jones, bondsman, awaited him
and was freed.
Justice Eicher had given Mr..
Klein the alternative of serving 10
days and avoiding the rest of the
term by returning to the sedition
trial and serving his client until its
close.
Mr.. Klein made no statement
when he was released, but there
was every indication he would refuse
to go back to the trial.
In the bail petition, in fact. Mr..
Laughlin stated that for Mr.. Klein
to return to his place at the trial
would be "untenable, as it would not
be fair to the appellant and not fair
to Col. Sanctuary"
Col. Sanctuary, a retired Army
oficer. said yesterday he did not
expect Mr.. Klein to represent him
further at the trial. He has con-
tended ever since the attorney quit
the case that he should have Mr..
Laughlin, who has been his local
attorney of record throughout the
trial. But Mr.. Laughlin was ousted
from the case by Justice Eicher,
around the period Mr.. Klein left, for
fling in Congress . petition asking
the impeachment of the chief JUS
tice.
Court Appointed Counsel.
The court called on Col. Sanctuary
to obtain other counsel and when
the defendant took no action ap-
pointed Marvin Bischof to repre-
sent the elderly New York engineer
and ,publictst. Col. Sanctuary has
refused to recognize MIR. Bischoff.
The order of the Court of Ap-
peals marked the first time this
tribunal has intervened in any of
the numerous controversies affect
ing the sedition case.
Mr.. Laughlin appealed his custer
from the trial and his petition was
rejected early in the summer when
the court split 2 to 2'on the ques-
ton of considering his application
for mandamus. The fifth member
Of the bench was away at that time.
The attorney now has pending a
motion for rehearing, which is
expected to be decided by all five
appellate justices.
The Laughlin matter in another
guise is before the Court of Appeals
in q motion in which six defense
attorneys, none representing Col.
Sanctuary, have joined in his mo-
ton for rehearing of a denied
petition for a writ Of prohibition
granting him a severance from the
trial. The other lawyers have asked
permission to intervene as friends
of the court. They contend the
defendant has been without the
defense assured him under the Con-
Stitution since Mr.. Klein quit the
case. The petition cites that the
trial judge refused to allow Col.
Sanctuary to have, when deprived
of his counsel, another of his choice,
namely Mr.. Laughlin.
Mr.. Klein spent two nights in
District Jail before gaining his re-
lease on bond. When he was re-
turned by deputy marshals from
New York Thursday, after losing q
two-month fight In Federal Court
to avoid removal, Justice Eicher
fixed his bond at $4,000, with the
contempt hearing set for the next
morning. After the hearing, the
court refused to allow any bond
on appear.
Calls $4,000 Bond Excessive.
Mr.. Laughlin cited in his petition
to the Court of Appeals the $4,000
bond as excessive and unjustified
charging it showed the judges
prejudice against Mr.. Klein. II
was pointed out that Mr.. Klein was
allowed to go for two months in
New York on his own recognizance
and then admitted to $500 bail after
the order of removal was signed
and habeas corpus proceedings
brought.
Mr.. Klein denied at the contempt
hearing that he deserted his client
contending he was forced out oi
the trial by: intimidation and
threats. He charged Justice Eichei
with attempting to intimidate him
by imposing two fines for contempt
during courtroom arguments and
the interrogation of witness. The
attorney said he had been threat
ened with death numerous times in
New York, largely by Jewish In
terests."
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