New-York tribune., 1920-11-27
Stadtmiller Will Plead
to Extortion Charge on
Same Day; Five Jurors
Selected to Try Backer
New Move Made
TO Block Inquiry
Conboy Again Seeks to
Keep Books of Building
Bureau From Committee

The developments In the Lockwood
committees investigation of the hous-
ing situation consisted almost wholly
yesterday of series of battles in the
courts.
The first criminal trial growing out
of the inquiry came before Judge Otto
Rosalsky in General Sessions in the
case Of George S. Backer, millionaire
builder, indicted on charge of per-
jury in connection with his testimony
before the committee. The proceed
ngs yesterday only got as far as the
selection of five jurors.
Robert P. Brindell, head of the Build
ing Trades Council, under four indict-
ments on charges Of extortion and at
tempted extortion, and Peter j. Stadt-
miller, his alleged chief of staff, also
under indictment for alleged cxtortion,
were arraigned for pleading before
Judge Mulqueen. Martin ". Littleton,
attorney for the two men, obtained un-
til November 80 to make motions or
make whatever pleas he may desire.
After having been thwarted three
times IN his attempts to tie up the
Lockwood committees work with in
volved proceedings in the courts. Mar
TN Conboy, counsel for the Builders
Supply Bureau and the Association of
Dealers in Masons' Building Materials.
appeared before Justice Henry D
Hotchkiss yesterday in another effort
to keep the books and papers Of these
organizations out of the hands Of the
committee.
Justice Hotchkiss last Wednesday re-
fused to vacate the committees sub
p@na requiring the appearance before
the Lockwood body Of Miss Elizabeth
O'Dea. secretary of the Builders Sup
ply Bureau. with all books and papers
of the bureau. Attempts to have the
seizure Of the books stayed were again
defeated before Judge McAvoy. Con-
boy then took his case to the Appellate
Division. with the same result He re
newed his attack before Justice Hoich-
kiss yesterday.
Wherc' ne had previously contended
that tie committee was not consttu-
tonai, he yesterday held that the SUBJ
p9nas forcing the organizations to pro
duce their books violated the civil
rights of the plaintiffs. Conboy de
clared that the books of the firms we're
not now in his possession and that
while the committee might have the
right to search them he questioned its
right to seize them. He said he had
been informed that the committee in
tends to seize them for examination at
Its meeting next Tuesday.
In such case" he asserted "at
least a small sized riot will ensue if
physically interfere and try to prevent
such threatened seizure"
Promises Decision To-day
Justice Hotchkiss seemed surprised
at Conboy's statements as to the COM
mlttee's right OF seizure. and remarked
that if that right was not vested in the
committee along with its right to
search it would simply be farcical
Samuel untermyer, counsel for the
committee, argued that if this right to
p"na ducos tecum was not recognized
alleged illegal com mbinations never
would be broken up, Justice Hotchkiss
asked the counsel to lie briefs and
promised decision o-day.
In connection with the Brindell pro-
ccedings before Judge Mulqucen in
General Sessions, Attorney Littleton,
in reply to Special Assistant District
Attorney Richter's plea for an early
trial, said that his clients must be
considered innocent until proved
guilty.
THAT Is So" interrupted Judge Mul-
queen, "and if innocent they have
been gravely wronged. For that rea-
their innocence as soon as possible.
If, on the other hand, they are guilty,
the public should be acquainted with
the fact just as prompNy.'
During the proceedings Judge Mul-
queen remarked that the extraordinary
Grand jury to be empaneled next week
would take over the consideration of
graft evidence uncarthed by the Lock
wood committee.
A scmbiance Of relations was re-
stored yesterday between the Board Of
Estimate and Samuel untermyer by
Meier Steinbrink, appointed to assist
the board in its Investigation Of the
$4,000, 600 worth of outstanding city
contracts.
Mr.. Stcinbrink conferred with Mr.
Untermyer, after which it was an
nounccd that Mr. Untermycr and mem
bers Of the Lockwood committee would
meet the board in executive session
next Monday at noon to go over the
contracts and atFdavts suggested by
Mr.. Untcrmyer, which contractors do
ing city work will be asked to sign as
means Of protecting the city against
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