Evening star., 1944-06-10
Appeals Court Studies
2 Mandamus Pleas
From Sedition Trial
BY CARTER BROOKE JONES.

The Court Of Appeals had under
consideration today two petitions
for writs of mandamus directed at
Chief Justice Edward c. Eicher of
District Court, presiding at mass
sedition trial. Both involved side
issues in the long-drawn case.
In one mandamus application, the
Appellate Court was asked to compel
Justice Eicher to provide that por-
ton of the transcript containing the
opening statement OF Chief Prose-
cutor o. John Rogge as part OF the
record in the pending appeal Of
Ellis o. Jones, a defendant, from a
ruling that he was in contempt Of
court and a 500 fine.
In the other matter, an order was
asked requiring 5ustice Eicher to
issue a writ Of habeas corpus for
another defendant, Edward James
Smythe, who is held In District Jail
in lieu of 10000 bond. Reduction OF
Smythe's bail is sought.
Trial Is in Recess.
With the trial in recess for the
week end, these were among the COL
lateral issues which have come up
constantly since the complex case
began April II.
James ]. Laughlin is attorney for
both defendants in their appeals
from the rulings of the trial Judge,
although Jones is defending him
self at the trial. This defendant,
an editor, author and playwright,
got involved In an argument with
the court during discussion Of Mr..
Rogge's opening statement, which
Jones and others on the defense
side called "inflammatory, scurriious
ana prejudicial." Jones was fined
when he kept talking after Juttce
Eicher ordered him to sit down. Mr.
Laughlin contended the prosecu-
tors statement to the jury was part
of the contempt appeal and should
be provided the defendant at Gov
ernment expense. Justice Eicher re-
fused.
Smythe, who, with Robert Noble,
Is represented by Mr.. Laughlin at
the trial, has tried for weeks to get
his bail reduced. Before. the trial,
Smythe was at liberty under 81 900
bond. When he failed to appear
opening day, the case was recessed
until he was brought in, two days
later. by FBI agents, who located
him at a resort in the Adirondack
Mountains Of New York.
Had Gone Fishing.
The Government contended he
was fugitive from justice. This
Smythe denied, maintaining that he
had mistaken the date of the trial
and had gone fishing. After a hear
ing, Justice Eicher raised the bond
to $4,000. When MIR. I.aughlin ap-
piled earlier this week for habeas
corpus, Justice Eicher held the mo-
ton was simply a repetition in an
other form Of an application he
already had decided.
When the ninth week of the trial
begins at 10 am. Monday, the Gov
ernment expects to offer evidence
the Nazi propaganda machine, It's
shipping across the Atlantic cut of
early in 1941 by the British Navy
still ground out its material for the
United States, sending 1t by way OF
Siberia and Japan. The Germans
the prosecution contend, thus
maintained contact" with their al
legged co-conspirators, some of the
defendants, although the printed
matter to be offered in evidence
did not reach them, since it was
confiscated by the customs office in
Los Angeles.
This propaganda. according to
bulky volumes compiled by the Gus
toms authorities and carried into
court, was sent to a mailing list
that included Supreme Court JUS
tices, members of Congress, Cover
nors, editors, educators, schools and
Libraries all over the country,