New-York tribune., 1920-02-21
Testifies at Trial of Ousted
Five That Tammany Man
Was Active i'm Primaries
Of Party in the 1916 Race
He Got Only Two Votes
Stedman OH Witness Stand;
Defense Near Conclusion;
Trial May End Next Week
From a star correspondent

member of the Assembly Judiciary
Committee, sought the Socialist NOM
ina,ion for the Assembly in 1916.
This was testified to by Julius Ger
Der, secretar yof the Manhattan local
of the Socialist party. Cuvillier, he
swore, was an active candidate in the
Socialist primaries that year, and had
petition signed by 3 per cent of the
enrolled Socialists in his district.
But at the primaries" Gerber said,
"Mr. Cuvillier only got two votes"
Cuvillier Abashed
and he tried to get the prohibition
nomination. too" added Gerber.
Remember you are under OATH"
said Cuvillier.
II know what I am talking about"
fctorted the witness
Cuvillier denied from the floor when
charged with it during one of his
previous fiery attack on the Socialists
that he had bee ina Socialist candi-
date.
Before Gerber was called the commit
tee heard Otto Franklin Branstetter,
national secretary of the National So
clallst party, express the opinion that
a man could inherit millions and be q
good Socialist, and not only that, but
1t would be unwise for him to dis
tribute his wealth.
Likewise this millionaire Socialist
could under present conditions exploit
= labor and he would not be subject to
criticism by other Socialists" Bran
stetter averred.
These scanning contradictions of
Sociallstlc doctrines were brought out
oy Arthur +. Sutherland, of counsel
to the prosecution. He started ques-
'ions along this line by telling of a
man IN Rochester who died last week
after rising through his own merits
from penniless check boy to head of
the largest department store in town.
Defines Capitalistic Glass
This man. said Sutherland, chad
neither friends nor capital nor any,
thing else to begin with. Now. assume
such career. At the end, he was en-
pioying. thousands of people as the
mead OF large mercantile establish
ment: Where did that man leave the
class % ~
when he became an employer Of
labor and began to draw the principal
amount of his income from the labor Of
cthers and not from his individual CT
forts," answered Branstatter.
Now, at that time. there came to
he between him and those with whom
ne mad worked up to that time a state
of enmity, of warfare, in your CON
ception ?"
Maybe not personal consciousness
on their part" answered the witness
but there did certainly arise a CON,
d'tlon where their economic interests
were in conflict. The interests were
opposed to each other, whether they
We're conscious of the fact or not.'
Assemblyman Charles NJ. HARRINGTON
asked 8 '0''
Now, Mr.. Branstetter. I understand
that your trade or profession is that Of
paperhangeI.;
"Yes."
~ assume by your own merit and
education and by applying yourself Won
have reached the state of life whero
YOU arc capable of serving as national
secretary Of the Socialist party"
His Own Case Different
Well, now, to carry out the idea Of
Judge Sutherland, how can you say that
TINS man to whom Judge Sutherland
has referred always has been arrayed
Oh the side of the capitalist class when
YOU yourself came right up, step by
step, to obtain the position YOU now
hold? Where is there any difference
between your own case in your own
life and that of the life which Judge
Sutherland cites ~
The witness hesitated a bit and then
replied: >'' '''~''
"The difference is this: 7 have he.
come conscious of the class struggle
and chosen definitely to array myself
on the side of the working class. The
gentleman Of whom the Judge spoke-I
don't know him, but judge from gen
eralities and from the type generally
dsn imagine that the gentleman of
whom the Judge spoke is even conscious
or the TACT that there is a class strur-
Gie' and perhaps would deny it if the
sunJect we're presented to him"
Then Chairman Martin asked:
Il want to ask you where the line of
demarcation, the line of class hatred.
enters. Assuming you buy factory in
,iiieaeo and give up your position, you
hlrc twenty five paperhangers and
spread them out over Chicago, COM
mence operations, taking various con-
tracts, sending those men to work, and
YOU make reasonable aNount of money
on their work, which is quite common
IN all trades. Yo.then would cease to
DC a iaporer, and would become, ac-
cording to your idea, q capitalist? That
Is true. Is not it ."
Hillquit Dissatisfied
We'll, technically, yes, sir" replied
the witness.
Inc answers Of the national secretary
ana not please Morris Hillouit who
turned to Chairman Martin and said
ms last question had rot been stated
fully. 'Ne' ''''eu
"How can this witness anster?" said
hiliqult. Suppose you have invested
sl'ooo IN this enterprise and suppose
you have invested $1,000 in another on
terprlse. and another 81 900 in another
one, and your living comes from this
si,oou and the other money. and vo,
40 not have to do any work voursnlf
you are capitalist.
!, suppose that was the only 81 900 Won
hao ana you get per cent. which is scn
year, ana for the rest of your liv;nr
capitalist" ~" "'e "oe
But said Assemblyman Edmund u
jerks, suppose man had 'i''uaa 81 on" 900 ~;
invested and it did not bring him anv
income "''" any
We'll. the poor fellow would bo .
iaoorcr with useless lot of money he
sides, replied Hillquit.
Stcdman on Stand
On the direct examination conducted
oy. H'ilquit and Seymour Stedman. the
witness repudiated TIE talk and writ
'ngs of other Socialists who advocated
changes IN government by force and
that the general strike was part of the