New-York tribune., 1921-01-08
Appellate Court
Denies Brinden
Avenue Change
Holds Indicted Chairman of
Building Council Will
Get Fair Trial Here De-
spite Newspaper Articles
Case Will Open Tuesday
Lockwood Committees Re.
quest for Wider Power
Alarm Insurance Men

By unanimous decision the Appellate
Division yesterday denied the applica-
ticn of Robert P. Brindell, the indicted
chairman of the Building Tra ades Coun-
ell, for q change of venue. The result
Of the decision is that Briudell will 60
20 trial on Tuesday in New York
County, where he was indicted on
charges Of extortion.
The proceeding determined by the
Appellate Division yesterday was an
appeal from the decision Of Justice
Burr. of the Supreme Court, who also
had refused to grant Brindell an order
tra ,sferring his trial to another
county. The defendant. through his
counsel. Martin w. Littleton, argued
that he could not get fair trial in
New York County because Of the
prejudice created by the newspaper &C
counts of the Lockwood committee In
vestigation in which Brinde4l was in
voived.
"The afidavits are inconsequential
and Of little value" said Presiding
Justice Clarke, in the opinion Of the
court. 1.-The extracts from the news
papers are not worth considering. These
publications practically ceased some
time since. Every one knows the
ephemeral nature of Impressions de-
rived from reading the public prints.
The community is fed on horrors daily,
almost hourly, and one sensation
crowds out the previous one. So thor
ouEhly is this known that It is pro-
vided In Section 376 of the Code Of
Criminal Procedure that previous ex-
PRESTON or formation CT an opinion
or impression in reference to the guilt
or innocence of the defendant or a
present opinion or impression thereto
is not a sufficient ground for challenge
Cor actual bias for any person other
wise legally qualified, if he declare on
oath that he believes that such an
opinion or impression will not influ-
ence his verdict and that he can render
an impartial verdict according to the
evidence, and that the court is satisfied
that he does not entertain such a
present opinion or impression as would
influence his verdict.
Sure Of Impartial Jury
"If newspaper articles furnish ground
for removal, no defendant could ever be
tried in this county for a spectacular
crime. If the defendants fears in the
case at bar are justified, we would not
know to what county his trial should
bo transferred, rs our metropolitan
press circulates throughout the entire
state. The busy residents Of the busy
city are too much interested in their
own affairs to be so impregnated with
casual news accounts as to render them
unfit for jury duty. The jury list is
large, our special jurors are selected
with care. We are satisfied from past
experience that there viii be little diff
.ulty in securing in this county fair
and fmpartial jury"
The banking and insurance interest.
of-this city are understood to be con
ceynad over the proposed increase in
the mowers of the Lockwood investi.
eating committee, particularly with re.
gard to its proposed investigation OF
the building loan and mortgage condi-
tions and its effect on business condi.
tons.
Prom direct and authoritative
sources 1t was learned yesterday thai
there is no ground for fears. 1t was
also ascertained that there is no inten
ton on the part Of the committee OF
.s counsel to do ANYTHING that woult
tend to bring about a general up
heaval Of business conditions in it,
investigation.
Untermyer Meets Prosecutors
From this same source it vas EN-
phaticaliy said that the old resolutio.
confines the powers of the investiga
tion strictly to the investments Of tn
concerns. However. in order properl.
to carry this out it is said to be ncces
sary that the committee shall know
something of the organization and sf
fairs generally Of the companies.
Samuel Untermyer. chief counsel o
the Lockwood commit
mad conference with William Ram
and Isadore Kresel, the two newly ap
pointed special Federal prosecutors. 7
is understood that Mr. Untermye
pointed out the necessity Of the ap
pointment Of two special Federal gran'
iuries charped aolelY with handlinj