New-York tribune., 1920-03-18
Sweet Blocks s
Move to Reopen
Socialist Trial
Cuvillier in Resolution in
Asking This BE Done
Charges That Important
Evidence Was Suppressed
His Motion Is Withdrawn
Alleges Waldman Gave
False Testimony; State
Fails to File Its Brief
From a StaT Correspondent


ALBANY, March 17,-An attemnt n
reopen the trial of the five ousted So.
claiists was made to-day by Assembly
man Louis A. Cuvillier, one of the Tam.
many members of the Judiciary Com.
mittee. Mr.. Cuvillier introduced q
resolution asking that this be done and
charging that "the Attorney General of
the state had deliberately suppressed
evidence"
The evidence which Cuvillier charged
had been suppressed was that Attorney
General Newton concealed from the
judiciary Committee the faet that one
of the five Socialist Assemblvmen
Samuel Orr. of the Bronx, had served
as ? first lieutenant in the United
States army during the World War.
This has been common knowledre and
1t was surprise to the Assembly that
Cuvillicr should have offered the reso-
luton.
At the request Of Speaker Sweet.
Cuvillier withdrew the resolution
which also charged that another Of the
socialist Assemblymen, Louis Wsld-
ran, OF Manhattan, had testified
falsely when on the stand. Waldman.
ne SAID, had testified that he was ex-
empted from service on "phvsical
grounds" Cuvillier says he has in
formation that Waldman was exempted
tecause he was an Assemblyman.
Aimed to Frighten Sweet
1T was said later that the purpose
OF the resolution was to frighten
Sweet into withdrawing his onnos;t;on
to an investigation Of the Anti Saloon
League.
Attorney General Newton did not
serve his reply to the brief of tho
counsel for the five ousted Assembly
men on the Judiciary Committee to-
day as was expected. 1t was said to-
night that it was doubtful if the hrief
would be ready before Friday.
Meantime the Judiciary Committee ia
marking time until the brief is filed
Some Of the members of the committee
admitted to-day that the Socialist brief
was formidable document. One Of the
members said that he would not be sur
prlsed If the committee lied major
lty report, recommending the seating
OF all five Socialists.
Speaker Sweet, who insists tha. the
question before the Judiciary Commit
~ Il. NV Ouc VI eVlQenCe but OF
Americanism, is still hopeful that h,t
faithful eighty-two Assemblymen will
not waver in their loyalty to him anc
to his understanding of Americanism.
And if the Sweet lash falls on cover
ing backs, regardless Of what the COM
mlttee may report. the five Socialists
will be expelled.
1t is considered significant by many
here that there has been so much delay
during the trial. One reason advanced
is to hold the final vote of the Assem-
b!Iy on the committees reports until
after April /.
II this is done there will be no spe
clal election in the district which sent
the Socialists here in the event all or
any q them are expelled. The law
provides that any vacancies occurring
IN the Legislature prior to April | shall
be filled at special elections to be called
by the Governor.
II the result of the trial is not made
known until April l the districts
which are left without representation
must get along as best they can without
any. representatives in the Assembly
until next January, when those chosen
at the November elections will oual;fv