The eight-months-old mass sedition trial is ended. Justice James Proctor today ruled that in view of the death of Presiding Justice Edward C. Eioher, the court felt compelled to discontinue the case and formally declare a mistrial.
Justice Proctor asked each of the defendants in turn: “Do you consent to continue the trial with another judge presiding?” Only Frank Kelly, attorney for Prescott Dennett, answered in the affirmative. Joe McWilliam’s lawyer declined to answer; Peter Stahrenberg withheld his answer in the absence of his attorney; and Lawrence Dennis said he would remain mute. All other defendants replied no. The court had no recourse but to declare a mistrial.
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