Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-01-23
COUNSEL SCRAP
Over Proceedings In
Trial N. Y. Socialists

Hearinp Gloss to Hait MhsnsDisputs
ARISES o~sr Alsfnnd Of iutruaur-
zion OF Es,dencs- Point Finakly
Yielnsd by cormitres counssl
Albany, N Z, Jan There were
TENSE momenCs today al the trial Of
the FIVE suspended socialist assembly
men charged with disloyal-y when
il seemed that defendants and coun-
SCI would ieave Ehe hearing before
the assembly Judiciary committee.
The first came when. COMMITTEES
COUNSEL proposed 10 cali On witnesses
70 produce books. documents and pa
pers, 20 mark them for identified ton
and To leave them with rne committee
for examination with the idea they
later might be introduced IN evil
aence.
Morris Eillquit, chief defense coun-
SCI, objected Louis NJ Martin, com
mitree chairman, denied the objec-
ton, Assemhlymen Evans and Bloch.
committee members. dissenteC from
the ruling. Then MIR. Hillqun turning
10 the witness on the stand, Mrs. An
ma Stern, executive secretary Of the
Socialist Bronx Local. sand 'Yor
are not bound TO part with possession
Of your book unless II IS offered II ev-
idence."
To that the committee said: This
committee has no power TO pass on
the right to part with his documents
merely because certain document is
enumerated by the other de, with
out a test Of its admissihiliry.
The statement Of prosecution
counsel, so often made. that the com
nlEtee Is a law unto Itself, that the
assembiyman under charges are
here by courtesy or favored with rna-
statement as a proposition IF force I
am not finding any fault. Bur
want to have II understood that we
do not Wish 10 appear here on SUI
france or courtesy or by fapor. We
are either here with ali the rights of
N'~11S1 La 10y ESl&A IL JISA4CE OF We
do Tot propose 10 be here"
Gilbert Z. zoe. associate defense Of
The council, jumping I'd his feet added
i cannot help feeiing every lawyer
within the soEnd of nv VOICE knows
that the proposition proposed here from
the other side liz n violation Of the
most fundamental rule of evidence IN
the supreme court 7 feel ahsolved from
any duty 10 appear here il we are go
ing forward IN violation Of the rules
under which we entered upon this
trial
The r1-eatened ''walknur'' was avert
ed wrlen Judge Arthur z Sutherland.
spea. ing for the commirtae's counsel
Yielded to the suggestion Of Mr. Hill
quit that the documents De marked for
lcencficn ton. hut returned TO the own
e-s. Another Crisis came when Ezra
Cofman- Z special councilman. was
called and produced q book in Hebrew
which ne said he mad obtained from a
Samuel Miller o. that city Defense
counsel objectsd when john 3. Ssanch-
field, committee counsel. attempted 10
question the witness concerning a CON
versation he hae win Miller
IT i-n't competent or direcs evidence, !"
Senator Sevmore Of Chicago. for the de-
tense. stated. We dun't know this
man g Miller. Who u going 70 dfspure
what ne savs"'
The response to my eloquent and dis
tingulsned frienS from the west let me
suggest that ne must nave overlooked
the fact that there is the EXPRESS charge
that these Eve men here involved mai
Deen q party To q conspiracy 10 SUD
vert our law and TO overthrow the Gov
eminent by force said Mr. Sta1cofei6
In reply 10 the distinguished gentle
man whose consciousness of himself is
charged here with cq1sairacy." returned
IT Sledman.
Furthe- more. q confession or a state
menr Of an outsider is never competent
in conspiracy case until there has
been some evidence Of the prime fact Of
existence OF the conspiracy.
"Tlis is a new thing that we ar
now on trial for CONSPIRACY. I sup
pose we VIII have another offsnse by
tomorrow morning
After Mr.. HiIiquit has recalled thai
the committee had promised a fair
trial. Assemblynan Bloch said he OBJ
JecreG 10 thai continual reminder
and that ne believed the statement IL
only made TO create an IMPRESSION
with the press thai you are not get
ting a fair trial
II this testimony and testimony %
any similar kind is Permitted, W
have not q fair trial SAID Mr.. Hill
quit 10 Bloch. We have a t-avestv
on justice. ! should be very reluctant
I'd make myself a party 10 a farc..
Of this kind. As far as / am COZ
cerued, and / think I speak for NV
associates. whenever testimony OF
this kind is called we shall take alb
solufety no part III the proceeding.
The chair oEerruled the objection:
the Socialist counsel die not with
draw and Kaufman proceeded II
testify that Miller" in selling him the
book had said ne was literary agent
for the Jewish branch of the Old So
ciaIist party.