The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-08
NEW TRIAL IN DOUBT
Evening Visit to Court to
Hear Testimony Read on
Certain Points.
GRAND INQUEST GRINDS
New Secret Presentment in
Lockwood Arraignments
Is Expected To-day.

The trial of George Backer, million
aire builder, accused of perjury before
the Lockwood Legislative Committee
on Housing, resulted early this morn
ing in disagreement of the jury in
General Sessions. The jury was dis
A. Rosalsky, who presided at the trial,
after each Of the jurors In the panel
in response to a poll by the court had
announced they We're hopelessly dead
locked and that a verdict was impos-
sible.
The outcome of the trial was a
blow to the Lockwood committee, in
asmuch as Backer's trial was the first
in the list of more than thirty in
dictments growing out of it's investi-
cation of graft and conspiracy in con-
nection with the building trade stu
alton. 1t was regarded as Of the
utmost Importance.
The jurors heard the final words
of Judge Rosalsky's charge at 5
o'clock yesterday afternoon. They
were out eight hours. Even before the
foreman announced the deadlock. it
was felt through the Criminal Courts
Building that the length Of time the
jury was out indicated that dis
agreement would be the result.
Backer had no comment to make. lie
was continued in the same bail--$25.00
and 1t will be decided to-day whether
he will be placed on trial again. 1t sas
believed the District Attorney would ask
Cor new trial.
At o'clock In the evening. after they
had been celebrating for four hours the
jury filed back into the court room and
asked that some of the record be .'e-
read. When the reading was completed
the Jury retired and continued delber-
eting.
In the course of the day the November
additional Grand Jury, which is par
ticipating in the sitting of matters de-
veloped before the Lockwood COMMITTEES,
returned another Indictment relating to
the building trade situation. but the
rames of the defendants and the nature
of the charges were not revealed.
Arraignments on this indictment are
expected to-day.
Backer made a good impression dur
ing grilling on the stand, although he
opened his testimony with an admission
that when he told the Lockwood commit
tee he lost $4,000 at the horse races
after he had paid the money to two
strange men he had not told the truth.
Backer's defence of this statement was
that 1t was by this means he intended
to convey to the committee the true
manner In which he ad disposed of the
cash which had been given to him by
Ephraim B. Levy. realty owner. for
the purpose of bribing persons connected
with Brindells Building Trades Council
In his charge to the jury Judge
Rosalsky emphasized that II Backer's
latest rendering of his story of the pay
ment of money to two strangers was be-
lieved to be true they should acquit. He
directed the jury to disregard references
to Bacler as millionaire builder"
lie defined circumstantial evidence and
the Importance of the perjury statutes.
John A. Philbrick and Joseph Penn,
members of the Builders Supply Bureau.
who were indicted last Friday for re-
fusal to answer pertinent questions be-
fore the Lockwood committee. pleaded
not guilty yesterday before Judge John
v. McAvoy In the Supreme Court.