Evening star., 1920-02-04
WARFA ARE AGAINST
CAPITALIST CLASS
UPHELD, Y. CLAIM
Milwaukee Deposition to Be
Taken as to Utterance
of AssembIyman.


ALBANY, \. ", February A.
4 sensation occurred today at the
trial of the five suspended socialist
assen,bIynen. when. just before shr
luncheon recess, iSscmbl yman
Maurice Bloch. member of the
assembly judiciary committee. sit
ting as "a fribann!, moved there be
struck from the records az .obvi-
Ously impossibIe'' the testimony
yesterday of Miss Ellen II. Chiyerx.
eighteen yeur old stenOgraphcr,
that she had seen Assembiyman
Charles Solomon, 81 defendant. spit
on the American flag in the pres
enre Of crowd.
The motion WINS denied by Louis
NJ. Martin, committee chairman.
ALBANY, y. V, February 4-Coun-
sci for the assembly judiciary COM
mittee which is trying the five sus-
pended socialist asse emblymen on
charges of disloyalty announced at
the opening of today's hearing that
they would seek to prove Assembly
man Walter ID. Waldman had made the
following statement on the floor Of the
socialist convention in Chicago in
1919:
"If I knew we could sway the boys
after they get guns to use them
against the capitalistic class. I would
vote in favor of universal military
ira ming"
John Il. Star chfeld made this an
nouncement in connection with his
proposal that a witness IN Milwaukee
identified by opposins counsel as J.
+. Harris. former city editor of the
Milwaukee L.eader-give his testimony
by deposition. The witness, who is
said to have covered" the Chicago
convention. is unable to travel to
Albany because of the serious illness
of MS wife.
Defense Agrees to Plan.
Seymour Stedman asked what the
prosecution sought to prove by the
be willing to admit the fact and save
expenditures of $1,000. which would
be incurred if the testimony were
taken by deposition. When, however
he was informed what the prosecution
sought to prove he agreed to taking
of the deposition.
Peter W. Collins of Boston. a
Knights of Columbus worker, who
qualified yesterday as a labor expert
was recalled.
seating of the socialist asse mblymen
was received today by members Of the
assembly. including Speaker Sweet
from the executive committee of the
United Neighborhood Homes of New
York.
Girl n Volunteer Witness.
Brooklyn stenographer. Ellen B.
Chivers. eighteen, yesterday testified
that she had seen one of the suspend
ed assem- mblymen-Charles Solomon
spit upon the American flag in war
time.
There was a burst of applause from
the crowded chamber when the girl
explained that she had voltintee
her testimony in "A letter to Speak ker
it is the duty of any American to take
the stand against one who has COM
mitted treason against their country"
The girl, prompted by an occasional
question. told her story in the fol-
lowing words:
Il remember that in the summer of
1917 a detachment of soldiers came
to 9th street and 9Th avenue. Brook
lyn. for the purpose of calling for
volunteers. and they asked Mr.. Solo
mon. who was delivering street.
corner address. if they might borrow
his platform for that purpose. Mr..
Solomon replied:
LEND you my platform? Can you
borrow my platform? Huh. the gut
ter is good enough for you. ! would
not let you wipe your dirty feet
on it.
II,
the girl testified that a few minutes
later band came along and struck
up The Star Spangled Banner
Mr.. Solomon turned up, his coat
collar, put on his hat, pulled it over his
eyes. spat on the American flag and sat
down." she concluded.
Denies Insult to Flag.
The girls story brought from Mr.
Solomon a statement denying that he
h, d. ,ft py-tr ~ fft-fl hat tod
him, asserting that never in his life
had he ever shown any disrespect to
the American flag and declaring that
it was inconceivable any member of
he New York police force would stand
indifferently by while "a person pub
licly insulted the American flag.
On cross-eXamination the girl testi-
fed that, although a member of the
American Anti-Socialist League. she
had not told her fellow members of
the Solomon incident The chair
sustained an objection to a question
as to why she had not done so and
why She had NOT mentioned the af
fair until nearly three years after
it had occurred.
Asked by members of the judicia
committee, sitting as court. why she
did not ask the policemen she said
were present to arrest Solomon if she
thought his acts reasonable, Miss
Chivers replied: There were others
who did, but the police refused to
do it,"
Testimony of Peter Collins.
Peter w. Collins, a former Boston
labor leader and now director of the
reconstruction and employment serv-
ice being carried on by the knights
of Columbus, was on the stand for
nearly three hours. He testified that
So ialism was seeking to capture trade
uniOnism; to overturn society by force,
such as was used in Russia; that prop
uganda instigated by Lenin and Trot-
sky was aimed at destruction of the
American republic by mass action. and
that during the war he had seen So
cialists opposing increased production
in shipyards and factories.
Rev. John Ryan Protests.
A letter from Rev. John Ryan of
Washington, a member of the faculty of
the Catholic University of America, to
Morris Hillquit chief counsel for the five
unseated socialists, copdemning their
suspension as ''the most hraZen and in
sidious political outrage that has been
committed in this country since 1875,
has been made public by the socialists
here.
Mr.. HAYS CONFERS