The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-07-09

"Not without consulting my counsel"
Senator Lusk directed Mr.. Newton to
proceed with his questions, but Mrs.
Mailly again requested permission to
telephone to her attorney.
1T will not do you any good to tele-
will not be permitted to come before the
committee"
May I ask. nevertheless, that he come
to the building herer'
Certainly. Go right out and tele-
phone and come right back, DO we will
not be delayed unnecessarily"
stiil Refuses. So IL Excluded.
Mrs. Malllv left the hearing and was
gone several minutes. When she returned
Chairman Lusk and Attorney General
Newton had left the hearing, being called
In connection with developments else
whore. Mr.. Stevenson asked Mrs. Mailly
IL she was ready to answer the questions
and she replied she had been advised by
counsel not to give testimony at a
private hearing from which tho public
and her counsel were excluded. When
Mr.. Stevenson informed her she had no
right to counsel, and despite further
assurances from Deputy Attorney
General Burger that the questions Il was
proposed to ask would not be objection
able, Mrs. Mailly persisted In her refusal
to answer. The matter rested there for
an hour or more until Mr.. Newton and
Senator Lusk returned to the hearing.
Thereupon Mr. Newton addressing the
woman, said:
81 understand that in my absence you
declined to be sworn or to answer ques-
tions from this committee. Do you still
refuse7'
II refuse with the proviso that the
public be admitted
Never mind the proviso or any OK
PLANTATION. Do you still refuse?' de-
ma nded Mr.. Newton.
Mrs. Mailly said she would follow the
advice Of her counsel. s. John Block.
WELL" said Mr.. Newton, addressing
Chairman Lusk. "the witness in this case
is a woman and II 10 not my intention to
ask to have her committed for contempt.
But I am going to suggest. In view OF the
fact that she Ia here by courtesy OF this
committee, that the courtesy be revoked
forthwith and that II be not extended
again to her or any other member Of
this organization"
"All right. you are excluded" Chair.
man Lusk ruled.
Mrs. Mailiy gathered her notes and
walked quickly from the room. but not
before Mr.. Newton called to her:
And you don't have to come back to-
morrow. either"
Consul to Siberia Testines.
Except for a short time during the
morning session, when John A. Embry,
former United States Consul General at
Omsk, Siberia, who recently returned to
this country. was on the stand. the rest
Of the day Was spent in reading into
the record excerpts from such radical
organs as the New York Communist and
the Revolutionary Age, as we'll as addi-
tional letters found in the files OF the
left wing of the party when its head
quarters were raided a few weeks ago.
Mr.. Embrys recital Of what he had
witnessed and experienced in the Boil
shevllki regime in Siberia was inter.
rupted by the afternoon development and
he 10 expected to continue his story to-
day. Mr.. Embry's evidence was prac-
tically a repetition OF the story he gave
on his arrival and which was published
last week.
william F. Smart. a shorthand re-
porter who took stenographic record Of
the speech made at q Socialist meeting
in Madison Square Garden, June II,
Identified his notes and read into the
record marked passages from the
speeches of Algernon Lee. leader of the
Socialist delegation In the Board of
| Aldermen Rose Pastor Stokes. Dennis
4. Bait. C. e Ruthenberg OF Cleveland
and L. c. A. Martens, representative Of
the Russian Soviet Government In Amer
lea.
Samuel Untermysr announced last
night that he had been called upon by
, the officials OF the American Socialist
! Society and that in their behalf he had
protested to Chief Magistrate McAdoo
over the forcible seizure OF the books and
papers OF the organization. Mr.. Inter
myer said he was a pronounced anti
Socialist, but that he also was opposed
to the methods of the Lusk committee
| and that he had communicated his belief
to Magistrate McAdoo that such tactics
only helped to drive otherwise conserva-
tive members OF the party into the left
wing section.