The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-30
BUILDERS MOVE TO
BLOCK LOCKWOOD
HALTED BY COUlT
Fourth Attempt Fails to
Keep Supply Mems Sc
|. crets From Publicity.
GRAND JURY SWORN in
UnteImyer and Aids Busy
Delving Deeper Into Con-
FACTORS Corruption.
BACKER TRIAL PROCEEDS
RamificatiOns of Trust Busters
Reach to Four Courts and
City Hall Hearing.
BACKER TRIAL PROCEEDS

next four days, extended its activities
actions in the criminal courts, one in
the Supreme Court and in addition the
Board of Estimate launched its inde
pendent inquiry into city contracts.
The Extraordinary Grand Jury was
completed and charged by Justice Nc
Avoy. This body will take oyer the
main part of the criminal inquiry for
the present and will begin to-day re-
ceiving evidence. William T. Spiegel-
berg, a cotton broker. is foreman. The
additional Grand Jury, which has been
turning out indictments for the last
month. continued receiving evidence
and additional indictments are ex-
pected this week.
The Builders Supply Company lost its
fourth legal fight 10 keep its books from
the Lockwood committee, Justice Hotch-
kiss denied the motion made by Martin
Conboy on behalf OF the company to
hide it's records. and held that the build
ers had no recourse 20 the courts. The
committee Is confiden. now that IL VIII
get peep Ahbo III w A't-'ttt's
Hackers TRIAL Continues.
George Backer. a wealthy builder. the
first man indicted as a result of the in
vestigation. will 40 20 trial to-day on
charge OF perjury. Judge Rosalsky an
nounced he would lock up the jury until
the trial is completed.
With Comptroller Craig refusing to
attend the session and H. r. Curran,
president OF Manhattan Borough. walk
ing out In protest. the city officials began
the search for collision In ritv contracts
covering pier and school constr scsion.
This Is the proceeding which samuel I'm
termyer, counsel for the committee. has
criticised as a whitewash. The inquiry
produced little new Information. Three
contractors doing work for the city tcs-
tiled they knew nothing about Hettrick.
Brlndell or corruption In building.
Frederick Tench OF Terry a Tench tes-
titled he offered $4,000 for $3.50. 900
bank loan for city work but did not get
the money.
Mr.. Untermyer was present while the
Extraordinary Grand Jury was being
chosen, then took charge In the Backer
case. Later he conferred for an hour
with members OF the Board of Estlma te
regarding forms of contracts 20 be is
that went into conference with counsel
for the committee and laid out the pro-
sramme for to-day's session in City
Hall.
Justice Hotchkisss decision is believed
to be the last step IN the stubborn fight
to keep the records of the builders COM
pany out of Mr. Untermyer's hands.
This IL the organization In which John
A. Mccarthy. partner formerly of Charles
+. Murphy. is a member II not the dom
lnant factor.
The builders should have made their
appeal TO the committee and not the
courts, the Justice informed Mr.. Conboy.
No rights of personal property had been
violated and the only error that was
subject 10 attack was possibly n defect
In the subpoena, which the committee It
self could remedy.
Objection is raised that the subpoena
Is too broad. the Justice said. and that
the committee has not the right 10 de-
mand production OF all books and pa
pers. including checkbooks and accounts
IL the subpoena were issued IN a regular
judicial proceedings. Justice Hotchkiss
said, he would not hesitate to rule that
the subpoena was too broad. but this
special subpoena was Issued by COM
mittee representing the grand inquest
OF the State empowered 10 inquire into
certain matters" and the Legislature is
invested with broad powers.
The Jurors selected 20 try Backer will
not be permitted 10 go to their homes
from the time when the presentation OF
evidence in the cases begins to-day until
their verdict Is in.
safeguarding Backcr Jurors.
Announcement Of extraordinary pre-
cautions to safeguard these jurors from
outside influences was made by Judge
Otto A. Rosalslxy in General Sessions
after the panel had been completed. lie
told the twelve jurors TO carry their
necessary belongings 20 court this morn
ing and to be prepared TO remain in the
custody OF the court officers for several
days. He said arrangements had been
made to accommodate them at n hotel.
- The trial. which Is the first TO be
heard as a direct result OF the Lockwood
committees investig Ition. IL expected by
counsel for both sides 10 last until the
end of the week The issue involved In
whether Backer wilfully testified falsely
when he told the committee he lost
$4,000 at the race track, and subse-
quently said he paid the money 10 two
men believed to have been delegates Of a
labor union which had called strike on
a building in which he was interested.
livened by verbal clashes between Mr.
Untermyer and Edmund L. Mooney OF
counsel for Becker. Mr.. Untermyer who
stated he was there because OF Mr.. Buck
ner's inability TO be present. aroused
the ire of defendants counsel by asking
talcsmen such questions as, do you
know that the charge OF perjury strikes
at the very foundations OF society7'
lie also disturbed Mr.. Mooney by say
ing TO one juror: Assume a man was
put on the witness stand and had testi-
fed to one thing, and then. when hc'
found he was trapped. testified TO an
other story. How would that affect your
judgment as juryman?"
Mr.. Mooney objected TO tho use OF the
word trapped" and Judge Rosaisky sus-
talned him. Five OF the Jurors were
selected at Fridays session OF the court
Those chosen yesterday were Sidney
Sachs. manager OF n neckwear establish
ment SO West 10th street; william l..
Howitz. manufacturers representative.
81 East 1921 street Louis Oppcnheimcr.
lace manufacturer. 100 West Forty
aevanth strp~t L<ouLa IL Cf~rn oonn ~unt Al