The New York herald., 1920-01-23

writing TO winch Martin w. Ittleton
made repeated reference
Mr. Hillquit attempted to show by
cross-examination of Mr.. Gerber that
the provision had been a dead letter for
twelve years; that II never had been
exercised. Mr.. Stanchfield objected to
having that shown and was sustained
by Mr.. Martin, who said that Mr.. Hill
quit could bring out that testimony as
affirmative evidence later on direct ex-
animation
"That is not fair ruling" insisted
Mr.. Hillquit. IT do not see how it can
be construed as coming under the pro-
cedure Of the Supreme Court, which you
have adopted here. An attempt is made
here by implication to show that the
Socialist party is different from other
parties, that it is an invisible, insidious
organization. And l submit my right
TO get a full explanation from the wit
ness now on DISCRIMINATION"
II am strictly within court rulings in
sustaining the objection" said Mr.
Martin, lat least rulings OF courts
above the Bronx"
This trial is going on for weeks" re-
torted Mr.. Hillquit. ''and every day some
distorted impression of our position will
go out to the members of this committee
who are our judges and to the press and
the public, also our judges. hold the
rlSnt we nave 10 cOlIeCl n wrong impress
sion Immediately on cross-examination.
1t is not fair to have to come back here
three or four weeks after wrong i'm
preston has gone out to correct it,
I'VE are charged with being a secret.
insidious organization and our representa-
tives with being puppets, ! am going to
prove that our representatives are treated
in every way in accordance with the
laws of New York State and that our
party is conducted the same as others"
Mr.. Hillquit took exception to all of the
rulings of the chair
Each attempt by Mr.. Stanchfield
to present new evidence, whether from the
records of the Socialist party or in other
form, brought protest from Mr.. Hillquit.
He objected to reading statements from
the New York Call. Socialist newspa per,
stating the editorials had no connection
with the five Assembymen. Mr.. Stanch-
field insisted 1t all had to do with the
doctrines of the party to which the five
subscribed.
Documents Introduced.
Socialist lawyers began to fight the ad-
instability of evidence with the opening of
the afternoon session and ontinued the
battle for three hours.
Arthur L. Sutherland of the States
counsel, proposed to offer in evidence all
literature and documents which have been
subpoenaed and that it be left in custody
of the committee during. the recess until
next week. Mr.. Hllquit protested, in
sisting that documents should be produced
by witnesses before the committee and
subjected to the test of admissibility be-
fore accepted Seymour Stedman insisted
no document should be presented until
the State is ready to use it as evidence.
Mr.. Martin ruled The ruling Of the
Chair is that the witnesses may be called,
the documents produced and marked, but
not referred to as a matter of record, nor
their contents, and when the question of
their admissibility comes up the Chair will
rule
At this defeat of Socialist counsel a
group of Socialist adherents which daily
has occupied a section of seats on the left
of the chamber-men and women alike
became restless and half stifled comments
could be heard.
Mrs. Anna Stern, No 95l Sherman ave-
nue., the Bronx. executive secretary Of the
Bronx Socialist local, was the first wit
Eess to be sworn at the afternoon ses-
sion. She was asked to produce the by
laws of the local. an authenticated copy
of the Socialist manifesto adopted at the
August convention in Chicago and COM
rlete minutes of the local since its in
cepton.
Advises Witness.
The fight of Mr.. Hillquit and his as
socates against the procedure in admit
ting evidence came to head when Judge
for the State called upon
Mrs. Stern for the minutes of the Bronx
local.
IL wish to say to this witness" Mr..
Iilquit said. turning to Mrs. Stern, that
you are not bound to part with the pos
session of this book unless il is offered
in evidence. unless the committee passes
upon its admisib:lity and orders it in evil
dence. There is no law, I inform you. by
which YOU can he compelled to part with
the possession of this book merely to be
marked for Identification without test
Of its relevancy
Mr.. Hilquit's direction to the witness
was challenged by Judge Sutherland and
there was a further protest by Mr.. Hill
luit before the exhibit over which the
greatest fight had been waSed by the
Socialist became exhibit "13."
Assuring himself the exhibit had been
marked in evidence. Mr.. Hillquit turned
10 the witness:-
Now. Mrs. stern. do you demand the
of this book?' he asked.
IT demand the chairman not permit
such an impertinent interruption here,
broke in Judge Sutherland. Mr.. Hillquit
retired while Mr.. Stedman took up argu-
nent against admitting the document ex-
,ept by order of the committee.
His argument brought this ruling from
Mr. Martini
IL shall be obliged to rule that where
4 document is brought before the COM
nittce under process Of the committee,
hat document must remain in the GUS
.ody of the committee until the commit
ZEE after examination, decide whether or
not they desire to place in evidence the
document, or any part OF IL. as compo-
1cnt part OF the evidence to be passed
On finally by the committee"
Taking exception to the ruling, Mr.. Hill
luit broke I'M
, II desire to state. on behalf OF this wit
ness and witnesses to he called that they
cannot he compelled TO deliver up any
document for mere identification; that
hey cannot be compelled to produce any
iocument unless they are offered in evil
lence and their competency passed upon
n each instance. and they have the right
% refuse TO produce any document for
or turn them over to thcl
,ustody of somebody else"
Two AssecmbIymen Dissent.
Assemblyman William S. Evans. Of the
Bronx. and Assemblyman Maurice Bloch.
II Manhattan, dissented from the chair
mans ruling.
Mrs. Stern. the witness. interrupted with
! question as to whether she had the right
% insist that counsel for her local be
present when the documents are examined.
She was assured she had. Once more the