New-York tribune., 1920-02-04
Miss Chivers Says the
Accused Assemblyman
Desecrated Emblem i'm
Presence of Bi g Crowd
Defendant Makes
Denial of Charge
Letter of Father Ryan,
Condemning Custer of
Five Men, i'm Evidence
Staf CORRESPONDENCE

iotuU Correspondence
ALBANY. Feb. 3.-Miss Ellen B.
Chivers, stenographer, of 42O Sixth
Avenue, Brooklyn, testified at the trial
of the five ousted Socialists to-day
that Assemblyman Charles Solomon
spat on the American flag at publ C
meeting at Sixth Avenue and Ninth
Street, Brooklyn, in the spring of 1917
This alleged desecration of the flag
the witness testified. was witnessed by
a large crowd, including three police
men. She said the policemen refus sd
to arrest Solomon when they were
asked to do so by some of the audi
ence.
Just prior to the alleged violation OF
the flag, Miss Chivers said, Solomon
refused to lend his platform 10 some
soldiers engaged in recruiting, saying
to them:
"The gutter is good enough for you.
Solomon Makes Denial
On cross examination by Seymour
Stedman the witness admitted that she
was a member of the American Anti
Socialist League of Brooklyn, founded
by William Russell Dunn, who was sent
to Blackwell's island little more than
year ago for his anti-Semitic speeches
in the streets of New York.
She said that, although she knew
Dunn and had visited the club almost
weekly since the alleged splitting upon
the flag by Solomon, she had not spoken
of the incident to Dunn or any one
else until a week ago, when she wrote
letter to Speaker Sweet.
Solomon issued a statement later de-
nying Miss Chivers's testimony, say
ing that in all his ll1e he never had
shown disrespect to the Anne flag
adding that "the public preparation of
such an act of gross disrespect would
endanger the life of the person guilty
Of it,
Two other witnesses were called in
an attempt to attach personal guilt to
Solomon at the afternoon session. Both
are members of the New York police
force.
Police Inspector Called
One of them, Inspector Samuel A.
McAvoy, testified that during the
Brooklyn Rapid Transit strike last
August Solomon had interfered with
his efforts to quell an incpient riot.
On another occasion, he said, the
preceding May 1, group of Socialists,
OF which Solomon was one, were about
to parade with red flags when he or
dered them to leave the crimson
standards behind
On neither occasion, he said, did he
arrest Solomon or make any charge
against him. The inspectors tcsti-
mony regarding the occurrence at the
Brooklyn Rapid Transit was corrobo
rated by Police Lieutenant Adolphe
Ahlers
:, The prosecution played what one of
its counsel described as a trump card
IN calling Peter w. Collins, director
general of the Knights of Columbus re-
CONSTRUCTION employment service.
While Mr.. Collins, who has for twenty
years been lecturng against Socialism.
was on the stand the Socialists made
public letter, written by the Rev.
John "A. Ryan. editor of the "Catholic
Charities Review" and a member of
the faculty Of the Catholic University
of America to Morris H!lquit.
Father Ryan denounced the attemnt
to bar the Socialists from the Lcgisla-
ture as the most brnzen and insidions
political outrage that has been COM
mltted in this country since 1877.
Father Ryan's Letter
Father Ryan's letter, which he au-
thorized Mr.. Hillquit to make public
follows:
"When ! was in New York FRIDAY
| telephoned your residence with the
intention of congratulating you on the
very able and altogether magnificent
fight that you have been making at AL
bany on behalf of fair play and repre-
sentative government. What | wanted
to say to you then | say now You and
brazen and insidious political outrage
that has been committed in this coun-
try since 1877.
81 agree with the social and political
principles held by your five clients as
little to-day as in the days when you
and l crossed swords in the pages Of
'Everybody's Magazine,' but | hope |
still believe in justice, in democracy, in
the reign of law.
ent cause triumph is not altogether
unselfsh, for | see quite clearly that
if the five Socialist representatives
are expelled from the New York Assem-
bly, on the ground that they belong to
and avow loyalty to an organization
which the autocratic majority regards
as 'inimical to the best interests of
the State of New York bigoted ma
jority in, say, the Legislature of Geor-
gia, may use the action as precedent
to keep out of that body regularly
elected members who belong to the
Catholic Church.
"For there have been majorities in
the Legislature of more than one South
ern state that have looked upon the
Catholic Church exactly as Speaker
Sweet looks on the Socialist party"
Offers to Resign Seat
Another feature of the days pro
cecdings was the offer Of Assembly,
man William Thorne Simpson to re-
sign his seat if Governor Smith will
call special election and go before
his constituency on the question of
whether or not they are of the opinion
that the Socialists should be ousted.
Assemblyman Simpson is q Republ
can and a former lieutenant in the
A. E. F., having seen active service in
France He holds the Socialists should
not be expelled. 1t was in his district
Chivers, spat on the Ameri can flag.
81 would like to try" said Assembly,
man Simpson, IAN experiment with the