Evening star., 1944-07-11
Eicher Refuses
To Halt Trial
On Mobiles 'sPIea
Three Defendants
In Sedition Case
Ask for LouehIin
BY CARTER BROOKE JONES.

okAASA SkS xSANOonG SoTNCos
Chief Justice Edward C. Eicher,
presiding at the mass sedition trial
IN District Court, refused today to
hear demand by Robert Noble,
a defendant, to halt the case until
the. Court of Appeals could pass
on a writ Of prohibition for which
he had just applied through his
ousted attorney. James j. Iaughlin.
II respectfully call upon your
honor" Noble began, "to halt all
proceedings in this historic trial
until -"
Pounding his gavel, Justice Eicher
told Noble to sit down, adding that
the defendant would be heard only
through his attorney. The court
has just appointed Marion Bishoff
to defend Noble.
Claims Trial Is Illegal.
Noble got up holding a copy of the
petition in which Mr.. Laughlin
asked the Appellate Court to stop
the trial, in behalf of Noble, because
the defendant ''is without counsel"
and claiming the trial has proceeded
without legal authority for six days.
The petition for writ of prohibi-
tion in Mobiles behalf was the latest
move in the fight of Mr.. Laughlin
to have Justice Eicher's order re-
moving the attorney from the case
reversed by the higher court. The
Court Of Appeals refused previously
to hear a motion by Mr.. Laughlin
for a writ of mandamus to reinstate
him in the sedition case. The law
yer has asked reconsideration of the
motion.
Noble was attempting to tell
Justice Eicher today:
Mr.. Laughlin Is and remains nv
sole legal adviser, the counsel of my
choice under the constitutional au-
thority which transcends the rulings
of any court"
Another Defendant Wants Laughlin.
The name OF the ousted attorney
again was brought into the volu-
minous record of the trial today
when another defendant, Ernest F.
Elmhurst. filed a petition asking
Justice Eicher to allow him to re-
tain Mr.. Laughlin as his counsel.
Elmhurst has been defended by M.
Edward Buckley, whom the court
ordered to assume also the defense
of Mr.. Laughlin's second client. Ed
ward James Smythe. Smythe is
satisfied with this amendment.
ElmhurSt contended in his petition
that it was done without his con-
sent and he was being deprived of
adequate defense.
In another phase of the legal
complexities which have been thrust
at the court since the Laughlin
custer, Justice Eicher denied a mo-
ton for a mistrial urged by Defense
Attorney Frank H. Myers, partly on
the ground that the trial had con-
tinued illegally with Noble deprived
OF the counsel he engaged.
Mr.. Myers also based his motion
on the absence of another defense
attorney, Henry H. Klein, counsel
for Col. Eugene N. Sanctuary. Mr.. |
Klein quit the trial a week ago. |
notifying the court he would not
return. Col. Sanctuary. too, sought
the services of Mr. Laughlin, who
at one time was this defendants
local attorney of record.
Challenges Judges Authority.
Mr.. Myers also contended that the
Judge was without authority to con-
tinue the trial in the involuntary
absence of James True. a defendant,
who has been Ill in Arlington Hos
pital for a week
E. Hilton Jackson and other de-
fense attorneys joined in the move
for mistrial.
With these preliminaries out of
the way, defense attorneys resumed
their cross-examination of Charles
Joseph Young. Government witness
from California, who has testified
that he Joined the German -Ameri-
can Bund as an under cover in
vestigator.