The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-18
3OM STONE TRUST
$4,000;
TOAD UNTERMYER
Leniency Shown in COnsid-
Grafton of Help Given to
Lockwood Inquiry.
HETTRICK IS BLAMED
Senator Kaplan Beaten in
His Fight to Inflict Jail
Terms on Contractors.
PRISON FOR NON-PAYERS
Brindell Is to Be Tried Jan. ),
Unless He is Able to Get
Change Of Venue.
PRISON FOR NON-PAYERS

The Lockwood Legislative Commit
tee on Housing scored decisive court
victory yesterday when thirty mem-
bers OF John T. Hettrick's cut stone
contractors ring" pleaded guilty to
violation of the State antitrust laws
and were fined sums aggregating $780,
900. The defendants were indicted a
week ago by the new Extraordinary
Grand Jury upon evidence gathered at
the committees public hearings.
Immediately prior to the appearances
of these men III court the Lockwood
committee went through one Of the
storrniest sessions it has weathered as
a result Of dispute over the question
whether the legislative body should
urge sentences for the individual de-
PENDANTS.
Samuel Untermyer. chief counsel 20
the committee. who favored the imposi-
tion Of fines. publicly accused Senator
Kaplan Tammany Democrat, OF trying
to SOW dssension among the committee
members by introducing resolution
asking for prison terms. After the COM
mittee members had debated hotly with
one another for several minutes in open
session they went into secret session for
the purpose Of deciding the matter, and
finally voted TO leave everything in MI.
Cntermyer's hands.
The reason given in court for the i'm
position OF fines was that the defendants.
who admitted having connived With one
another in the submission % bids on big
contracts. had acted upon Hettrick's ad-
vice and that they were now aiding
materially in the amassing Of evidence
relating to his manipulations. 1t was
stated that nine of the defendants had
appeared as witnesses before the new
Extraordinary Grand Jury and had
waived immunity before testifying.
Hettrick. who Is now under 100000 bail,
was not in the court room when he
proceeding transpired.
Brfnden Asks Venue Change.
While this matter was being disposed
of. Martin w. Littleton. who is appear
ing as attorney for Robert p Brindell.
"czar" OF the building trades unions, who
liz under indictment for extortion, OBJ
tained an order from Supreme Court Jus.
tice Hotchkiss requiring the prosecutors
to show cause why his client should not
receive a change of venue.
This question will be argued before
Supreme Court Justice Cohalan on De-
cember 81, when Mr.. Littleton will con-
tend that because of the public agitation
over the Lockwood committees investi-
Ia tr otx Pr n
dell a fair trial in this county. On Mt.
Untermyers request Supreme Court jus
tice McAvoy set Brindelrs case down
tentatively for trial on January .. stat
ing that in event of Mr.. Littleton's mo-
tion being denied counsel may proceed
to trial on that date.
The appearance in court of the thirty
defendants who were members OF the Cut
Stone Contractors Association, aroused
considerable interest in the Criminal
Courts Building. and while the proceed
ings we're being held up for the arrival
OF Mr.. Untermyer. who was occupied In
the outbreak in the committee over the
question of prison sentences the court
room over which Justice McAvoy pre-
sided became crowded to capacity.
In addition to the corps Of defendants
there was n large array OF legal talent
on hand, including Arthur Train, Sam
uel A. Berger. Kenneth NJ. Spence. Stan
ley Richter, Albert Blogg Cnser and
Robert w. Johnstone. all of whom are
connected with the prosecution OF build
| ing trades cases. and Martin w. Little
ton, Clarence J. Shearn and other coun-
L.. - S1A fad
builders. contractors and labor chiefs.
There were sixteen individual defend
ants in court and fourteen OF them rep
resented corporations that were also
under indictment The fines that were
imposed later amounted virtually to
So. 900 for each man who pleaded guilty.
the two defendants who were In business
as individuals being fined $4,000 each,
while the fine in each other instance was
S2500 for the individual indicted and
s2.500 more for the corporation repre-
sented by him.
shenrn Argues for Leniency.
The proceedings opened with an ad-
dress to the court by Clarence ]. Shearn.
former Supreme Court Justice. who rep
resented twenty-eight OF the defendants
and who argued for leniency. After
stating that IL seemed reasonably clear
TO him that the methods employed by
his clients were In violation OF the law,
he said:
I'm this situation have concluded
that the best service / could render my
clients. at the same time serving pub
lie interest, was to advise them to ac-
knowledge that these methods were IL
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