Evening star., 1945-04-30
Ruling Upho|ds
Two Sedition .
Contempt Fines
Klein Alone Wins
Appeal; LouehIin
And Jones Fail

Two convictions for contempt Of
court during the long-drawn- out Sc.
dition trial which ended in a mis-.
trial last December were affirmed
today by the United States Court
OF Appeals and third was reversed.
The court upheld the convictions
for contempt of James j. Laughlin,
a defense attorney, and Ellis o.
Jones, one of 26 defendants who act
ed as his own attorney.
The appellate court reversed the
Judgment OF the late Chief Justice
Edward c. Eicher in the case of
Henry H. Klein, a New York attor-
ney representing another defendant.
He had been sentenced to 80 DAYS
for quitting the case without the
courts permission.
Mr. Laughlin was cited by Justice
Ficher but tried before Justice Jen-
nings Bailey, who fined him $3.50.
Mr.. Laughlin was charged with try
ing to impede the trial by asking
subpoenas for high civil and military
officials assertedly having nothing
to do with the case.
He was accused also of attempting
to prejudice the case by giving state
ments to newspapers attacking the
judge and the prosecution. It also
was cited that the attorney had filed
in behalf of James Noble, a defend
ant, an affidavit of prejudice against
Justice Eicher, accusing the Judge Of
conspiring with the President to con-
vict the defendants.
Comment of Court.
The Court of Appeals commented:
THE fantastic story of the Presi-
dent of the United States and the
judge in conspiracy to bring about
the conviction Of innocent men, filed
and certified to by counsel as made
in good faith, on the strength Of
casual statements by unidentified
jail prisoners whose names the af-
f1ant had forgot when he told the
story to appellant, is so scandalous
as obviously to acquire the applica-
ton of disciplinary proceedings.
The Appellate Court held that
whatever Mr.. Laughlins motives,
his acts were contemptuous and
calculated to bring the court and
the administration of justice into
disrepute."
Mr.. Jones was fined 500 for per-
sisting in arguing with the court
after he had been ordered to sit
down.
The decision upsetting Mr. Klein's
conviction and 90-day sentence held
that Mr.. Klein's conduct in absent
ing himself from the case and re-
fusing to return could not be con-
strued as contempt of court.
That his conduct in this respect"
said the Court of Appeals, was in
excusable and contumacious there
can be little, if any, question. but
that this. offense occurred in the
presence of the court or so near
there so as to obstruct the admins
tration of justice seems to us wholly
unsustainable."
Gross Misconduct"
1t follows under legal precedent,
the court added, that if Mr.. Klein
lis to be punished for his gross mis-
conduct it must be under some other
provision of the law"
The attorney, who represented Eu-
gene N. Sanctuary, vas arrested in
New York and retur.. I'd to Wash
ington. He has been under bond
since his appeal was pending.
All three appeals were heard by
a special appellate bench consist.
ing of Chief Justice D. Lawrence
Groner and two members of the
District Court, Chief Justices Bolitha
j. Laws and James w. Morris.
The sedition case ended in mis-
trial early last December when
Justice Eicher died. 1t occupied ap-
proximately eight months.