New-York tribune., 1920-02-28
Defense. Closes
Case i'm Trial
OF Socialists
Attorneys Agree to End
Summing Up ON Thurs.
day, Although Martin
Puts No Limit on Debate
Cost Placed at $35O,OOO
Claessens, Last Witness,
Denies Having Advocated
Violence i'm His Speeches
From. a star Correspondent

ALBANY, Feb. 27.--At z o'clock to-
night, after six weeks Of actual trial,
the taking Of testimony in the case
OF the five Socialist Assemblymen--
Claessens, Waldman, Solomon, Orr and
DeWitt--ended.
At that hour Chairman Louis M.
Martin, after consultation with counsel
on both sides, set Tuesday morning
next as the beginning of the summing
up. Chairman Martin set no time limit
on either side, but after the opposing
lawyers consulted they announced that
they would finish Thursday evening
This will give the defense day and
hilf in which to sum up, and like
period to the prosecution. But should
this agreed time prove insufficient,
Chairman Martin will not hold counsel
to the agreement.
Each side will be allowed two speak
ers. The defense will open the sum-
ming up with Morris HillQuit. He will
be followed by either Martin Conboy
or ex-senator Elon R. Brown, for the
prosecution. Then Seymour Stedman
the counsel for the prosecution will
have the final word.
Cost Put at 100000
Thereafter each side will be given
until the beginning of the following
week to file briefs. it is expected that
the committee then will take another
week in which to write its reports. for
it is a foregone conclusion that there
l. 50
if not three reports, filed by the COM
rllttee.
1t is estimated that the Assembly, on
receiving these reports. will take two
weeks in which to debate them, unless
the gag rule. as obtained when Sweet
ousted the FIVE, is applied. This will
bring the case, which started on Janu
ary THE opening day Of the Lcgisla-
turc-close to April !.
Nearly 100000 words of testimony
have been taken. There have been
3,947 pages of typewriter minutes, av-
eraging 225 words to page, or S80,O75
words.
1t is estimated that the cost to the
state of Speaker Sweets move, in coun-
sci fees, printing, witnesses and ste
nographers' fees, will be in the neigh
borhood of S2Oo,O0O Since practically
all important work of the Legislature
has been held up by the trial. it Is
estimated that in this way the trial will
cost an additional $1o0,000.
Claessens on Stand
The last witness was Assemblyntan
ousted delegation. Only against him,
Solomon and Waldman was anything
resembling evidence tending to show
nersonal guilt adduced
Claessens denied that he ever had
advocated violence or the overthrow Of
the government or change in its form
by an other than peaceful means. In
fact, this was the general trend of all
the testimony Of witnesses called by
the defence.
Under the direct examination Of Nor
rs Hillquit the witness was asked If
either in 1918, or during the last ses-
sion, he advocated disorder or force
or violence in the Assembly.
"No, sir" said Claessens.
"Did you ever have occasion to speak
on those subjects in the Assembly"'
Recalls One Speech
"On several occasions, but I have
in mind onc that occurred last year
during a debate on the ratification of
the prohibition amendment"
The witness explained that the oc-
casion he had in mind WAS the night
to speech made by Assemblyman Mar
He then explained that the debate
was ratification of the Eighteenth
Amendment and that McCue, as re-
corded by the official stenographer
said:
"While wondering about it, sort
of think that the same thought comes
to my mind as came to it year ago
and the thought is that l hope when
those heroes do come back, those heroes
who have battled for democracy and
who have kept the world safe for de-
mocracy on the other side, while the
enemies of democracy were stealing II
cerely do hope that they will have
come back to use it on the hypocrites
and on the bigots and on the enemies
of democracy who have stolen democ-
racy while they were over there"
What was your reply specifically
to that remark" asked Hillquit.
"At the conclusion of my address
stated the following: Now, I am very
sorry to hear remark such as has
been heard here to-day from Assem-.
blyman McCue. If the boys when they
come back resent the idea that we have
voted against their interests, this in
citing to riot which we Socialists arc
often accused of doing, we murderers
Bolshcviki and SO on, what would hap.
pen if should suggest, as Assembly,
man McCue suggested, that when these
boys came back they may have a bullet
e and giving a suggestion as to what
they may do with those bullets. I be.
lieve in an expression of the will of the
people, and if prohibition turns out
to be wrong there will be one force tc
change it, not bullets, but education. ;
Solomon Again on Stand
Solomon, who preceded Claessens or
the stand, denied that he had said, ir
the course of debate. with the wit
ness Hart, who was his Democratic
opponent at the last election, that the
Socialists would sweep aside like chat
in the wind the opposition of 1000 ,0o(
members of the American Legion. He
said that he understood Mr.. Hart te
say in the debate that the legion woulc
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