New-York tribune., 1920-11-27
Tue Jurors Selected
For Trial OF Backer
Three attorneys on Each Side
TO Fight Out Perjury Case
Against Millionaire Builder

Five jurors had been selected when
the perjury trial Of George S. Backer,
millionaire builder, begun yesterday
in General Sessions before Judge Otto
A. Rosalsky, was adjourned until Mon
day morning.
{ Backer was indicted for perjury by
the general grand jury, the basis of
the charge being alleged contradictory
testimony given by him before the
Lockwood committee. He had testified
to losing money intended for Robert
=. Brindell, alleged labor car, at a
racetrack, and then had reversed this
testimony by admitting that he gave
the money to- two men, humorously de-
scrlbed by him as Mutt and jeff
The prosecution was represented
yesterday by Emory r. Buckner, Rob
ert 5. Johnstone and Stanley Richter,
special assistant district attorneys.
Representing Backer were Edmund l..
Mooney, Robert Manley and Samuel
Levy. Backer seemed little concerned
with the proceedings, laughing and
joking constantly with his lawyers.
The Case Against Backer
Mr.. Buckner, in brief preliminary
statement, emphasized the fact that
Backer is not charged with the misuse
or misrepresentation of the money, but
with perjuring himself as to what he
had done with it.
Backer had gone to a millionaire real
estate operator, Ephraim B. Levy, and
told him, accor riding to the latter's tes-
timony before the Lockwood commit
tee, that the strikes which impeded
the construction Of Levy's building
could be settled by giving $4,000 to
Brindell. Levy testified that SIS 1000
was given to Backer for Brindell
Two talesmen were rejected before
the first juror, William G. Thompson,
of 2799 Eighth Avenue, a foreman in
repair shop of the American Can Com
pany, was selected.
in the cross-eXam nation by Mr.
Mooney Of Clarence J. Luce, an ac-
Street, the first talesman called and
rejected, it became apparent that the
defense would stress the fact that the
money intended for Brindell was paid
to advance building operations.
First Talesman Rejected
Luce admitted he would be preiu-
diced against man who gave money
under graft circumstances.
"SuDpose it is shown from the evi-
dence herc,' asked Mr. Mooney, "that
the money was paid TO advance opera
tlons on building in which the de
fendant was interested with the
owncr?"
81 would think it over replied Luce
"Suppose it vas shown il was given
to protect his own property asked Mr.
Mooney, would that remove any moral
prejudice or dou6t?"
at would" said Luce He was not
acceptable to the defense.
During the course of Mr.. MONEYS
crosS-examination OF Thompson the
attorney asked if he had had any feel
ing that the rent conditions in New
York City were due to the fact that
huilders and building materials men
were giving money to representatives
of labor III large amounts.
Mr.. Buckner objected to the Uues-
ton. Judge Rosalsky inquired of MIR
Mooney how the question affected the
issue and Buclncr said it directly in
volved the question. Mr. Buckner's OBJ
lection then was ovcrruled and Thomp-
SON said that, while he believed that
rent conditions were due to this fact.
il would not affect his opinion in this
case.
Tho other four jurors selected were
z. Broadus Powers, 625 West Hath
Street, manager of wholesale cloth
ing establishment at Il East Four
tecnth Street; Joseph J. Ahcarn, 23l
East Fiftieth Street, connected with
the Continental Insurance Company;
Samuel !. Kern, retired, Of 520 West
1ASth Street, and John A. Kershaw,
552 f'ast Eighty-sixth Street, connect
ed with the Riverside Ice Company.