The New York herald., 1921-05-26
FINES ONLY IMPOSED
IN LOCKWOOD CASES
Justice Davis Refuses to Sen
tence Convicted Building
Material Dealers to Jail.
PENALTIES TOTAL S25, $50
Ten individuals and Nine Cor
pOrations Punished for I'm
lawful Combination.

When Justice Vernon NJ. Davis, in
the Supreme Court yesterday, fined ten
individuals and nine corporations,
members of the Association of Deal
ers in Masons' Building Materials, who
pleaded guilty last week, he rebuked
sharply certain individuals whom he
accused of having tried to influence
the decision of the court.
His remarks were regarded by those
dn the courtroom as referring dis
tinctly to recent utterances of Samuel
Untermyer, IN which the special coun-
sci for the Lockwood committee
threatened to resign unless guilty ma
terial dealers were jailed instead Of
fined.
Justice Davis said he decided to i'm
pose the fines. "uninauenced absolutely
by the private interests of those who
would like to see some other sentence
imposed, and Notwithstanding the pub
lie effort made by certain individuals
improperly and unlawfullv to influence
the decision of the court ii these SEN
tences while the court had them under
consideration"
The individuals were fined from 5000
70 $3.50 each and the corporations from
1000 to 81 900 each. the total amount
ing to s25,150. This amount together
with the $4,000 in fines already i'm
posed on other members Of the materials
rOr,1btpatf ISps 500
With the exception of James NJ Ames
those fined yesterday were members OF
the Brooklyn-Queans combination in
the association known as the Masons
Supply Bureau. The individuals were
charged with conspiracy to violate the
Donnelly antitrust law and the cor
porations with violation of the law in
that they had entered into a monopoly
and had formed a combination in re-
strain; OF trade.
The individuals fined were: James
VI. Ames. 26il sedgwick avenue. The
Bronx, $3.50; Audley Clarke, Il Scher-
merhorn street, Brooklyn. Sa5o: Stephen
". Duffy. 446 Seventy-eifth street.
Brooklyn. $3.50 Ma!llard NJ Canda. Gar
den City, L. l.. $3.50; Walter c. Howe,
drew J. Brisl.n. 1871 Hillside avenue.
Richmond Hill. $3.50: John Wilson. 456
Fourteenth street, Brooklyn, $500
Frank D Creamer. Broadway and
Eighty-sixth street, Manhattan. $500
Francis Y. Duffy. 4S3 seventy-sixth
street Brooklyn. $3.50. and Cornelius
A. Mcclure, $50 Sterling place Brook
lyn. $3.50. Mcclure was president OF
the supply bureau.
The corporations fined were; Brook
iyn Builders Supply Company. $4,000:
Audey Clarke Company. $500: J. r.
Duffy Company $4,000. G. 2. Raymond
e. Co. $1,000 II. W. Bell Company
$500. Burroughs BaIdng Material
Company. $500; Frank D. Crcamer
& Co. Inc. $4,000 Gustav RAIDER Com
pany, $4,000. and the B-.slin Company
$4,000.
william A. De Ford. Special Deputy
Attorney General, moved the dismissal
OF indictments against Harry w. Bell.
John !. Bell. william II. Schmohl. Sr.
Albert Schwartz, John Brlslin. John ".
Gaylor. John Cruickshank. Reginald G..
Clarke, Byron n. Creamer. John w.
Duffy. George r. Raymond, A. Alee~
ander Edelman and John r. Rose. He
also recommended dismissal OF the
charges against the Ames Transfer Com
pany. Aside from these. four corpora
tions and eleven individuals remain 70
be dealt with under the indictments
In imposing the fines Justice Davis
called attention to the fact that the
crime to which the defendants pleaded
guilty IS msdemeanor. the lowest
grade OF crime known to our law, and
that the sentence provided by law Is
left to the discretion OF the court. who
may either fine or imprison. or both