New-York tribune., 1920-02-27
Lawyers Clash
OyerTestirnOny
In Custer Trial
Chairman Overrules the At
tempt by Prosecution to
Have Report of Socialist
Convention Put i'm Record
Two Ousted Men ON Stand
Solomon Admits He Looked
on Our. War Declaration
as Essentially a Crime
From. a star corre,pondent

From. q star Correspondent
ALBANY, Feb. 26.--A day spent most
ly in DISCRIMINATION by the prose-
cution in the trial Of the five Socialist
Assemblyren ended this evening in q
heated exchange between counsel for
both sides and the squelching by Chair
man Martin, of the Judiciary Commit
tee, of the attempt of Martin Conboy
10 put into the record the stenographic
report OF the Socialist 1917 convention
AT st. Louis.
conboy said that as result Of tes-
timony by Assemblyman Louis Wald-
man he wanted to get the discussion on
the elimination of the santi- sabotage
plank. Chairman Martin declared that
he did not intend to stand for any
further delay of the trial.
Morris Hillquit. for the Socialists,
objected to going on any more fish
ing expeditions" after six weeks of the
trial.
Solomon on Stand
Assemblyman Charles S. Solomon
took the stand in his own behalf after
Waidman was excused.
During Judge Sutherland's cross
examination of SO ONION, he entered
into many q wordy battle with the wit
ness in trying to get the Socialist in
terpretation OF various phrases in his
speeches and in passages in the St.
Louis antiwar manifesto. Some
brought the chairman to his feet. He
ordered most Of these heated remarks
stricken from the record. Solomon
explained that in using the word rev
olution" in his speeches he did not
mean bloody uprising. Judge Suther-
land asked him if he thought man in
the street who heard his speech would
constrre his references to the French,
the American and Russian revolutions
SO.
"By way Of contrast, Judge" replied
the witness.
as there any joke about that ?" asked
the Judge.
~ think you know ] did not speak
in that spirit, said Solomon.
Il don't think you'd want me to tell
you what | Think" retorted the attor-
ney.
You've been insinuating q whole lot,
now come ont in the open and tell US
what you think" interrupted Hllluuit.
Chairman Martin then brought the
argument TO an end.
Considered War q Crime
Judge Sutherland eventually got
Solomon to admit that he considered
our declaration OF war as essentially
q crime and that there is such a
thing as false patriotism. Judge Suth-
erland asked him if there was in the
Socialist war resolution or the St.
LOUIS platform any suggestion that the
United States had one "single, decent,
creditable motive Tor entering the
war"
''The resolution was intended to be
condemnation of the war and an in
terpretation of the war, and it was
that fully"
Assemblyman Waldman, at the after
noon session, while being cross-exam-
ined by Martin Conboy, said that he
had claimed exemption from the draft
on the ground that he was a conscen-
tious objector.
In answer to Chairman Martin, he
said he was not married. He was asked
If he participated in any of the war
activities.
Il did, in activities that would tend
TO bring the war to successful ter
mination," he said
He explained that his conception of
patriotic activity is not merely to
participate in the Red Gross or in the
army or the navy. He declared there
could have been no greater success ac-
cruing to the United States than to
end this war on the basis Of demo-
cratic principles.
The hearing will be resumed to-mor-
row morning at 1890.