Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-11-23
Prosecution TO Appeal
Mass Sedition Case,
One Of CosiIiest Here

The Justice Department moved
forward today with plans to appeal
the mass sedition case--alre ady one
of the costliest trials in District
annals.
Chief Justice Bolitha J. Laws dis
missed all pending indictments in
the five-year-old case yesterday,
declaring another attempt to try
the defendants would be 'travesty
on justice"
In announcing an appeal from his
ruling, a Justice Department off,
cial said, "No one can say what the
Supreme Court will or will not do.
We feel the Government is entitled
to have this important litigation
decided in the courts"
Declared Mistrial in 1914.
The case against the 26 defend
ants accused of conspiring to under
mine armed forces morale and set
up Nazi regime in this country
was declared a mistrial soon after
Edward C. Eicher, the presiding
judge, died in November, 1914. At
that time, the trial itself had been
in progress eight months.
While it was impossible to arrive
at anything like an exact figure Of
what the case has cost since the
first grand jury inquiry was begun
more than five years ago, the
amount will run well over 500, 900,
1t was estimated.
Owing to the many different &C
counts to which its expenses are
charged, any close estimate is i'm
possible. Much of the cost goes into
expenses which include many other.
items.
Estimate Made on Trial.
Late in the eight-month trial,
District Auditor A. r. Pilkerton es-
timated the trial itself and prelim-
inaries would cost $65,819. The Dis
trict's share of this he placed at
$48, 459.
Mr.. Pilkerton's figures were re-
vealed September II, 1914, after the
trial had been in progress since
April 10 of that year. They were
based on the supposition the trial
would end by Christmas of that
year. Actually it ended early in De-
cember with the sudden death of
the presiding judge, Chief Justice
Edward G. Eicher. A mistrial was
declared.
1t is doubtful if the case has
cost the District much more since
then, because there has been no
retrial during the two Years, and
the case has come up only in brief
hearings at which attorneys made
arguments. No witnesses were sum-
moned.
Nazi Officials Questioned.
The Justice Department, how
ever, undoubtedly has spent lot
more on the case since the mis-
trial.
o. John Rogge, who was chief
prosecutor, went to Germany with
a FBI agent and spent months in
terviewing Nazi officials and going
over records in an effort to obtain
fresh evidence against the 26 de-
PENDANTS. What this cost no one at
the department would venture to
estimate. Mr.. Rogge was dismissed
recently by Attorney General Clark
for assertedly disclosing in speeches
portions Of the confidential report
he made to the department on his
return from Germany.
Witness Costs Computed.
The FBI was reported to have
interviewed witnesses in various
parts of the country in prepare
ton for possible second trial.
But there Is no breakdown of such
expenses. The agents carry out such
assignments In connection with their
regular work.
Mr.. Pilkerton's figures were based
on actual court costs, from the be-
ginning Of the first OF three grand
jury investigations, November 8,
1941. He computed the expense Of