Evening star., 1944-08-20
Sedition Trial
Defense Seeks
ToShorten Case
Lawyers Discuss
Possible Appeals
As Recess Storts
By CARTER RROOKE ZONES,

rs NSCSSS S(OTtS
BY CARTER BROOKE JONES.
Some concerted legal move by de-
tense attorneys to stop or curtail
the mass sedition trial when 1t is
resumed in District Court Septem-
Der S was indicated yesterday.
A committee Of the more than 20
lawyers defending the 26 alleged
conspirators remained in the city
for a day after the trial was ad-
journed Friday for a vacation
recess. While no announcement Of
defense plans was made, it was
understood that the situation was
canvassed and various possible legal
moves outlined.
1t was considered probable that
a large number of the attorneys
would join in some motion to end
the trial, or, in lieu of that, to
shorten it drastically. This, how
ever, apparently had not been de-
cided definitely, and it was possible
that Chief Justice Edward c. Eicher
would be confronted instead with
numerous individual petitions to
interfere, in one way or another,
with the course of evidence planned
by the Government.
Some Favor Appeal.
Some attorneys were in favor of
going directly to the Supreme Court
for an extraordinary writ of Ger.
tiorari directed at reviewing some
phase Of the case involving a con-
stitutional question. Others wanted
to proceed through Justice Eicher
and, if denied relief in the trial
court, to appeal to the Court Of
Appeals.
Not that such moves would be new
to the case. While no one has been
to the Supreme Court, Justice Eich-
er has rejected innumerable motions
for mistrial, directed verdicts and
other petitions designed to halt
the vast procedure. Some of his
rulings have been carried to the
Court of Appeals, but that tribunal
has refused thus far to interfere
with the trial.
Early in the trial, nearly score
of defense attorneys signed a petit
ton asking Justice Eicher to dis
qualify himself on the ground Of
bias and prejudice. He refused.
Some attorneys have made an aver
age of four or five motions for a
mstrial in the course of each days
session. Others have prepared elab-
crate written motions for relief Of
one sort or another.
Trial on Four Months.
While all these moves failed, de-
fense counsel pointed out that the
trial has gone on four months and
the Governments case has reached
stage where it would be pertinent
to renew such demands on the
basis of different situation.
Justice Eicher has not yet ruled
on two motions filed shortly before
the recess.
One of these was a motion by Ben
Lindas, a defense attorney, for a
mistrial or for a severance in the
case of his client, George Sylvester
Viereck. This was urged on the
ground that Viereck had been preju-
diced hopelessly by the new book,
"Blackmail," on sale at bookstores.
The other was motion by Ethel
bert B. Frey, attorney for Robert
E. Edmonoson, for dismissal of the
case against this defendant because,
the attorney contended, the Govern
ment had failed in four months OF
evidence to link him with the charge
in the indictment, conspiracy to in
cite the armed forces to diSloyalty
and mutiny. Mr.. Frey maintained
further that the Government had
not been able to prove the basis of
the alleged conspiracy-a world
wide Nazi plot to control Europe,
Asia and the Americas.
Laughlin Tries Again.
James J. Laughlin. ousted defense
attorney, asked the Court of Appeals
yesterday for permission to file a
petition for a writ of mandamus
compelling his reinstatement at the
trial. Justice Eicher dismissed Mr..
Laughlin from the case because the
attorney filed a petition with the
Speaker of the House asking i'm
peachment of the presiding judge.
Mr.. Laughlin contended in his
motion to the appellate court that
Justice Eicher was without author
/ ity to issue such an order and that
| If it is upheld, I'VE are confronted
with judicial despotism." Unless
Justice Eicher is reversed, the petit
ton asserted, "all counsel appearing
in his court will be subjected to
terrorism, intimidation and abuse,
and will be prevented from repre-
senting their clients as required by
the sixth amendment"
When the trial reconvenes, Chief
Prosecutor o. John Rogge will re-
sumo reading and displaying to the
jury large number of exhibits
allegedly seized by the FBI at
German-American Bund headuuar-
ters in Los Angeles the night after
Pearl Harbor.
Indications are that the Govern.
ment will not complete it's testi-
mony before the end of the year,
Proceedinos Anoinef KIo;n