New-York tribune., 1920-02-14
Sweet Decries
Criminal Trial
OF Socialists
Newton Also Disclaims All
Responsibility for Having
Suggested Prosecution Of
Five Ousted edAssemhlymen
Want Inquiry Continued
Political Storm Forecast i'm
Albany When Committee
Meets Again on Tuesday
From a STAFF Correapondent

~'o"s u CtuU correspondent
ALBANY, Feb. Estate Attorney
General Newton to-day dsclaimed all
responsibility for the proposed crimi-
raj prosecution of the five ousted So
cialist Assemblymcn. Speaker Sweet,
who personally maneuvered the custer
of the Socialists, fastened to add his
cry of protest to that of the Attorney
General. The Attorney General said:
81 consider a criminal proceeding
against the ousted Assemblymen as
highly improper. Nc suggestion of
CRIMINAL proceedings against these As
semblymen ever came to me, nor
emanated from this. office. If the sug-
gestion were made by any of the coun-
sci for the committee, | would approve
Of it. It;
This is not a criminal proceeding.
1t is proceeding TO determine the
eligibility of these men to sit as men,
bers Of the Assembly. Another thing.
We have not heard their defense"
Opposes Interference
Said Speaker Sweet:
"These proceedings must 60 on, SO
far as | am concerned. Of course, the
Judiciary Committee will have to de-
clde, Dut Woulo not favor any IN
reference with the stigation."
Neither the Attorney General nor
Speaker Sweet tried to reconcile their
disclaimers with this charge made in
the brief, signed by Attorney General
Newton, and the other counsel for the
prosecution.
The five Assemblymen by their
pledges and speeches have rendered
themselves amenabe to the terms of
the espionage act and should be con-
victed under its terms"
Nor did they attempt to explain away
the charges made in the brief that the
five Assemblymen "stand souarely with
their party for the overthrow of our
government"
Here are three facts that cannot be
reconciled with the disclaimers of
Speaker Sweet and Attorney General
Newton:
1-From the Office Of the Attorney
General came the declaration early
in the trial, that the investigation
being conducted by the Assembly
Judiciary Committee would lead to
criminal prosecution of the ousted
Socialists.
2-Onc of the lawyers for the
prosecution said on Wednesday: "The
evidence we produced shows that the
five Asscmblymen are guilty of the
same charges on which Gitlow was
convicted"
3-On Wednesday night, before
contents Of the brief-it was re-
leased for publication the following
day-a paid propagandist, brought
here to help out Speaker Sweet, said:
There will be criminal prosecu-
ton of the Socialist Assemblymcn
The evidence in the case will be sent
to the criminal authorities in New
York at once"
1t is now regarded as singular that
this propaganda was disseminate ted after
Assemblyman William W. Pellett,
Republican, of the 10th Assembly Dis
trict of New York county, instigated
a special meeting Of the committee to
discuss the reseating of the Socialists
been adduced against them warranting
their expulsion.
This move Of Assemblyman Pellet
was frowned upon by Chairman Louis
M. Martin of the committee, who
pointed out that while such motion
would be proper if the investigation
was a trial IL court of law, it was
not entertainable in legislative in
vestigation when only one side had
been heard.
Republicans who are not in sympathy
with Speaker Sweets custer Of the
Socialists have criticised the publica-
ton of the brief as an attempt to
bolster up collapsed case.
1t is an open secret here that there
is considerable discension among the
counsel for the prosecution and in the
judiciary Committee over the manner
in which the case has been handled. 1t
is said in reliable circles that at least
six of the thirteen members of the As
sembly Judiciary Committee are for the