New-York tribune., 1920-01-21
Counsel for Accused Men
Makes Motion to Dis
miss Charges; Decision
Will Be Made To-day
Littleton Arraigns
Five Defendants
Ex-Supreme Court Justice
Warns Assemblymen of
Danger in Stirring Up
Revolutionary Spirit

Revolutionary Spirit
STAFF Correspondence
ALBANY, Jan. 20.-The first day
of the trial of the five suspended So
cialist Assemblymen came to an end
late to-day with the Judiciary Com
mittee, before which the proceedings
are being held, holding its original
position.
Hours Of debate upon the consti
tltionality of the trial failed to move
the body appointed by Speaker Sweet
to alter its intention or to revise it,
methods in single detail
Charles Evans Hughes and the
members Of the committee appointed
by the Bar Association of the City
iof New York to appear at the trial
T to Safeguard the interests of repre-
sentative government" we're excluded
from participation except as counsel
for the suspended Socialists. They
withdrew from the chamber and re-
turned to New York.
Legality of Suspensions
Is Attacked by Hillquit
The session closed after Morris
Hillquit, chief counsel for the Social
lists, had made and argued his final
motion. This urged that the pro-
ceedings and the charges against his
clients be dismissed. 1t also ques-
toned the legality of their suspen-
sion and set forth that the charges
against the five, even if proved, were
not sufficient to warrant their sus-
pension or expulsion.
Decision on this final effort Of the
Socialists counsel to break the front
of the Judiciary Committee will be
returned when the trial body recon
venes tomorrow morning. 1t is
probable that on this, as in all other
moves to alter procedure, the COM
mittee will stand firm.
Louis M. Martin, chairman, who
presided, turned down the objection
of Hillquit, who questioned the right
Of the Judiciary Committee to sit as
judges and jurors in this trial be
cause of alleged bias and hostility
toward the suspended members.
"You stand here" cried Hillquit, mot
as judges, but as accusers. Let US feel,
let the people of the state feel, that
these men are not having mock trial
Martin likewise refused to sustain the
objection of counsel for the Socialists
to the personnel Of the committee.
man himself was one Of the guiding
members of the Lusk committee. which
had expressed hostility to the doctrines
Of socialism.
He also objected to the presence Of
Louis Cuvillier, the Tammany mem
I ber on the body. calling 70 mind his
statement of last night that the five
men on trial, if found guilty, "ought
to be shot"
Cuvillier Is Qualified
As Executioner, He Says
"Mr. Cuvillier," counsel for the
Socialists said, "is qualified for an ex-
ecutioner, rather than Judge"
Throughout the day the ponderous
debate surged back and forth, from the
table where Hillquit, Seymour Stedman.
S. J ohm Block, William Karlin and the
others of the Socialist counsel sat. 10
the other. where John B. Stanchfeld
and Martin W. Littleton delivered all
the addresses for the committees at
torneys These included as we'll Elon
R. Brown, Samuel A. Berger. Archibald
T. Stevenson and Arthur E. Sutherland.
Constitutional authorities and prece-
dents from the present time back 100
years were quoted by the opposing
sides. About the pit of the chamber
entire Assembly, backed up by as many
spectators as could force their way
into the room. listened attentively.
Heavy and dull as the argument was
at times, there was no ripple OF un-
easiness or boredom In the A5-e-rbl, ,
Chamber. Martin, on taking the c1Aft
had announced that the Supreme Cour'
rules of procedure would be followed
and had barred all applause. Yet, hour
after hour. men and women sat intent
upon the unwieldly debate as though
tney saw III IL SoHiethi"S Va "'seei> ~
significance.
Committee Thanks Hughes
For Offering His Services
Shortly after ehe Assembly had endes
! its morning session at 10:S0 o'clocl
! and had cleared the chamber for tn
, trial. it was indicated that the com
misseo had no intention of recedin
from ita Expressed fc-.sscn in tn
matter. 1t was whispered about tn
d. room that the body had voted OF I'D