Evening star., 1946-02-03
Rogge Presses Action
For RetriaI Of Is
In Sedition Case

press for retrial of Is defendants in
the sedition case in which mis-
trial was declared in District Court
in December, 1914, after the death
OF the presiding jurist, was indicat-
ed yesterday in motions filed by o.
John Rogge, special assistant to the
Attorney General, and principal
prosecutor.
At the same time Mr.. Rogge an
nounced the governments willing
ness to dismiss charges contained in
| either or both of two previous in
dictments as to IL defendants not
named in the third indictment, re-
, turned in 1914.
In an answer filed to several mo-
tions, Mr.. Rogge said the Govern
ment has been ready for trial for
sometime and added: THE United
States further advises the court
that it has gathered and is now
gathering evidence pertaining to
! this case in Germany"
Ready for Trial Last March.
The answer pertained to motions
fled in connection with the indict-
j ment returned in January, 1914,
which named 28 men and two wom-
en- defendants. 1t claimed the Gov
ernment was ready to 60 ahead
with the trial with a new justice
presiding, following Chief Justice
Edward c. Eicher's death, but that
only one of the defendants was will
ing to proceed. The answer added
that in March, 1945, the Government
was ready, but that defendants OBJ
jected to trial date being set. The
United States has since been ready
for trial." the answer said.
At the same time in answer to mo-
tions filed in behalf of Gerald B.
Winrod, Wichita, Kans., publisher,
asking that two previous sedition
indictments be nolle pressed, Mr..
Rogge said the Government is will
ing to dismiss the old sedition in
dictments ''as to all those named in
them who were not named in the
last one" The final indictment was
returned in January, 1914. Winrod
was one of those named.
Also, Mr.. Rogge said in the answer
the Government is willing to dis
miss the two previous indictments
as to those named in the third in
dictment, if they put up bond for
their appearance to answer the
charges in that indictment.
Old Indictment in Effect.
The old indictments had been
kept in effect to more than 20 per-
sons named in one or both of them
as well as in the third Indictment
to keep alive the original bond SC
as not to require the defendants to
put up new bond.
Meanwhile a Government motion
Is still pending before Chief Justict
Bolitha j. Laws to dismiss q writ
under which Herman Max Schwinr
and August Klapprott, now con.
fined to the District Jail, were
brought to stand trial on the thire
sedition indictment. Mr.. Rogge
said dismissal of the writ Is sought
80 they can be deported to Germany
There were IL defendants named
IN one or both of the earlier sedi-
ton indictments who were moi
named in the one returned in Jan
uary, 1914, under which trial wa:
started before Justice Eicher'.
death. The filing of the answer
yesterday means that the Govern.
ment has now expressed itself fol
the first time in a formal filing q.
being willing to dismiss either o.
both Of the two earlier indictment:
as to the II persons. The first two
indictments were returned in 1874:
and 1943.
80 in Original List.
Should Klapprott and Schwinr
be deported it would cut two more
off the original list of 80 named ir
the 1914 sedition indictment. One
of those, Elmer j. Garner, wichita
Kans, died.
Those named in one or both o1
the earlier indictments, who were
not named in the 1914 indictment
included:
Court Asher, Muncie, Ind; Ottt
Brennermann, Chicago; Osca1
Brumback, Washington and Luray
Va; Leon De Aryan, San Diego
Cal; Hudson de Priest, New York
and Wichita, Kans.; James F
Garner, Wichita, KanS.; william
Griffin. New York; william Kull.
gren, Atascadero, Cal; Donald Nc
Daniel, Chicago; Ralph Townsend
San Francisco, Cal, Lake Geneva
Wis, and Washington; Paquita dt
Shishmareff. Glendale, Calf, ane
New York, and the New York Eve.
ming Enquirer, Inc, New York. 4