The New York herald., 1920-12-28

Littleton, Lawyer of Build
ing Car, Asserts He Could
Not Get Fair Trial Here.
HIS CLAIMS DISPUTED
Untermyer Riddles List of
6,003 Signers Who Seek
to Aid Accused Man.
COURT DELAYS DECISION
Clashes Of Counsel Frequent
While Defendant Chews
Gum OH Rear Seat.
COURT DELAYS DECISION

Developments in the Lockwood
building trust investigation centred
yesterday in the efforts OF Martin w.
Littleton. counsel for Robert ?. Brin-
dell, who is under seven indictments
alleging extortion and coercion, to
have his clients case transferred for
trial to another county.
Brindells trial on the first indict-
ment is set for January in the Su-
preme Court. Mr.. Littleton's efforts to
obtain change Of venue were opposed
vigorously by Samuel Untermyer, chief
counsel to the Lockwood legislative
committee, who argued that there was
nothing presented by Brindelrs attor-
ney that tended TO show that the head
OF the Building Trades Council could
not get fair trial in New York
county.
During the argument, which was
heard by Supreme Court Justice Will
lam p. Burr. the two lawyers clashed
IePedttui9 All Nlic WiiiAe piihuVh, SHc
labor king whose practical application
of the Hettricll code OF practice" and
whose methods of assessing con-
tractors led to his Indictment, sat In a
rear seat chewing gum and evidently
enjoying the proceedings.
Mr.. Littleton declared that his client
was being made the victim of lynch
law 'rhey do il in the South with
a rope" he said. They're trying to
do IL here with printers ink. 1t can
be done either way
Brindelrs counsel opened the argu-
ment by presenting voluninous coll
lection OF newspaper clippings dealing
with tho disclosures of the Lockwood
committee and a file of affidayita
which embraced the sworn statements
of number of investigators who gath
cred opinions OF 6.o03 persons supposed
to be residents OF New York county
who thought Brindell might not OBJ
tain fair trial within the county.
Flaws Found In AHidavits.
Mr.. Untermyer proceeded TO assail
the Littleton affidavits, stating that
investigators working under the direc-
ton of Deputy Attorney General Samuel
A. Berger had found that scores of
the makers of these affidavits were
either residents OF some other county.
were intimates or associates of Brin-
dell or his friends. or otherwise dis
qualified to venture opinions upon the
administration OF justice In the county.
Two women investigators we're among
the signers OF affidavits presented or
behalf Of Brindell. One was Mrs. H.
Elvia OF 15l West Ninety-eighth street
Manhattan. and the other Ella Nor
ganstein. who gave her address as the
Pennsylvania Hotel. Mrs. Elvia said
she had questioned 695 persons and
found none who thought Brindcll stood
chance to get fair trial in this
community. Ella Morganstein talked
with go persons who supposedly might
become jurors in the case with the
same result.
Brindell. in his seat on the back
benches. smiled when these affidavits
were introduced. His compia cency
however, was disturbed In moment
when Mr.. Untermyer presented counter
testimony again in the form of affi.
davits.
The first was that Mrs. Elvia was
unknown as an investigator. that she
seldom left her home at the address
given. and that II she had undertaken
to question persons concerning the
Brindell case she did so at most for
six hours on two successive days
Quick Work for Questioner.
THAT" said Mr.. Untermyer, would
be a total OF twelve hours. or TO min.
utes. during which she says she talked
with s55 persons and made notes OF
what they said. That would be abou,
one minute eight and two-fifths seconds
for each person.
This other investigator, the record
shows, talked with 20 persons in six
and one-quarter hours. or 375 minutes
That's a minute and half for each
person. provided there was an inces-
SAINT flow OF persons wanting TO bs
interviewed and there were no stops
The whole thing is incredulous. absurd
and ridiculous"
MIR. Untermyer added that efforts to
locate Ella Morganstein at the Penn.
sylvania Hotel adduced Information
that she was not a guest there and
was unknown to the hotel officials
questioned.
BrfndeIi's Friend a signer.
The most spectacular clash between
Untermyer and Llttleton was when the
former declared that one Vladimir Fanke
of 1898 Fulton avenue. The Bronx. who
signed an afidavit that Il was his
opinion Brindell could not obtain a fair
trial In New York county. was asso-
ciated with Brlndell In the Buildine
Trades Council and had figured promi-