The New York herald., 1920-01-23

superintendent Of the building at No. A.
Clinton avenue, North, Rochester. Mr.
Miller, the witness said, told him he wa!
the literary agent acting for the Jewish
Branch of The Old Socialist Party, rign
wing" from which he obtained com
mission for selling the literature.
Some OF the hardest legal battles of tn,
trial started when Mr.. Stanchfield at
tempted to get the pamphlet in evidence
Mr., Hillquit objected to its identification
on the ground no connection was showr
with the five Assent blymen. Mr.. Stanch-
field retorted by agreeing that unless con
nection was shown between pamphlet anc
the Socialists it could be ignored.
Both Mr. Hillquit and Mr.. Stedmar
contended vehementy that the evidenc,
was not admissible because no connecting
link had been shown.
IF there is any established rule in evil
dence which not only every lawyer but
every layman knows, II is that you can
rot offer testimony against a person un-
der charges, persons accused, which comes
from the mouth of a person unidentified
unknown testimony as to conversations
made in his absence. Where is the limit
of what YOU will admit in this case?" ex-
claimed Mr., Stedmsn.
In a Conspiracy.
distinguished counsel from the West
must have overlooked the fact there is
the express charge that these five men
have been party to conspiracy to sub
vert our law and overtCrn the govern
ment by force" retorted Mr. Stanchfield
1T is a fundamental rule in conspiracy
that when any two persons or corpora
tions begin to work along common lines
for accomplishment of common pur-
pose, the acts, declarations, speeches, con
versations and conduct of every one
charged to have been party to the con-
spiracy. named or not, near or remote, Is
admissible against the parties named in
the conspiracy"
Mr.. Martin, speaking to the Socialist
counsel asked -"Supposing they prove
certain declarations and facts by this wit
ness or by other witnesses in translatine
that document and fail to connect 1t up
how are you harmed?"
How are we harmed?" asked Mr.. Hill
quit. Assuming that goes in the record
assuming that poisons your minds and the
minds of the public generally, and assum-
ing no connection is established, 1t is pos
sible. under this procedure, and ] submit
that should rot be permitted If we are to
have. as you have promised several times
fair trial"
Assemblyman Bloch interrupted, facing
Mr.. Hillquit I'VE have sat here in six
have been reminded by counsel for the
five Assemblymen that VIC promised to
give the gentlemen fair trial. do not
like repetition OF that statement. because
| do not believe in the sincerity OF 1t. ]
believe the statement is only made to
create an impression with the press that
you are not getting fair trial. ] wish
YOU to refrain from making that state
ment."
Mr.. Hllquit retortcd Mr.. Bloch. what
[ am saying | am saying in absolute sim
cerity and solemnity. If this testimony
and testimony of a similar kind are per-
mittcd, we have not a fair trial We have
a travesty on justice. Personally / should
say that I should be very reluctant TO
make myself a party to a farce of this
kind. That is putting it strong, and ]
weigh every word I mean every word"
He was interrupted by Mr.. Martin. who
overruled his objection to admission OF
the testimony.
II was then that Mr. Hlluuit made his
first threat TO quit the inquiry. He cx-
claimed AS far as | am concerned, and
think ] speak for associates. whenever
testimony of this kind is called. we shall
take absolutely no part in the proceedings
and not dignity IL by taking part in it.
II is as IL VIC were absent"
Very we'll proceed" said Mr. Martin
Mr.. Stanchfield placed the booklet in
evidence, Assemblyman Evans and Bloch
again dissenting from the ruling
Charles M. Robinson, OF No. - East
l2sth street, a translator for the DEPART
ment OF Justice, next was called as a wit
hess. Despite opposition by Socialist coun-
sell he was permitted to produce a trans
Iation of the booklet. which bore the
titlo:-
The Dictatorship OF the Proletariar'