New-York tribune., 1920-02-05
Girls Attack
On Socialist
Stays in Record
Bloch Tries III Vain to
Have Miss Chivers's Tes.
timony About Alleged
Flag Insult Ruled Out
Staff Correspondence

Staff Correspondence
ALBANY. Feb. A motion on the
part of Assemblyman Maurice Bloch,
Dem ocrat, Of New York City, a member
of the Judiciary Committee, to strike
the entire testimony of Miss Ellen B.
Chivers, the seventeen year old Brook
lyn stenographer, from the record as
utterly absurd was one of the numer-
Gus exciting incidents in to-day's trial
of the FIVE ousted Socialist Assembly,
men.
Miss Chivers testified yesterday that
two and half years ago, when she
was fifteen years old, she saw Assem-
blyman Charles Solomon, one of the
men on trial, spit on the American flag
! in the presence of three uniformed
members of the New York police force
and a large crowd of American citizens,
and also that Solomon had insulted
fifteen American soldiers who were re-
cruiting. She further testified that
neither the soldiers nor the police re-
sented Soomon's alleged conduct.
Bloch, addressing Chairman Louis NJ.
Martin. said:
II fully realize that under the rules
of evidence the testimony of any wit
ness, unless party to the crime, is
admissible without corroboration
Story Called Impossible
However, the story related under
oath yesterday by the girl Chivers was
obviously impossible
1T is incredible that man before
an American audience, during war
times and in the presence of three
members of the uniformed police force
of the City Of New York, would dare
spit on the American flag. 1t is mirac-
ulous that he lives to-day. 1t is so
utterly absurd that it needs no fur
ther characterization.
"Her statements under oath that fif-
teen United States soldiers meekly and
humbly accepted insults to their flag,
their uniform or to themselves stagger
belief 1t does not seem credible. 1t
shows that the witness romanced
therefore move that the testimony of
the girl Chivers be stricken from the
record"
Rowe Makes Protest
Chairman Martin denied the motion.
This was just as the committee was
adjournng for luncheon. When the
investigation was resumed in the after
noon Assemblvman George Rowe, Re
semblyman Bloch's references to the
testimony Of Miss >Chivers be expunged
from the record.
~ wish, Mr. Chairman" said Mr.
Rowe, that the record indicate my
protest against the unwarranted state
ments made by Assemblyman Bloch at
this mornings session in reference to
Miss Chivers's testimony.
"His arrogance in attempting to
formulate the opinion of that part of
the evidence for the members of the
committee is what l object to.
"Mr. Chairman, for one feel that
bers are as capable of determining the
probability Of evidence and the credi-
bility of witnesses as is Mr.. Bloch.
II protest against his characterize
tion at this time of the evidence as
absurd, or of a romancing nature.
II also wish to state that Mr..
Bloch's statements preliminary to mis-
motion are a reflection on the commit
tee and the innumerable members of
the Assembly who are sitting in this
chamber.
therefore move CnaC the Slate-
ments made by Mr. Bloch in connec-
tion with Miss Chivers's testimony be
expunged from the record"
IL to l Against Bloch
The chairman put the motion to a
vote, which was carried IL to l, Bloch
alone voting in the negative
The objections raised to Mr. Bloch 8
remarks were that as a member of the
committee he should not. at this time,
give expression to his views on any
testimony adduced.
If the prosecution, which does not