New-York tribune., 1921-03-09
Jury Obtained
For Hett1'ick's
Second Trial
Spence, Outlining Case of
Prosecution, Tells of One
Defiant Plumber Being
Forced to Pay $500
Alleges Strike Threats
Says Labor Leader Threw
Jobs to Chosen Firm by
Forcing Others to Bid High

Tho second trial Of John T. Het-
trick, Of "code of practice" fame, be-
gan yesterday with the completion of
Supreme Court before Justice John V.
McAvoy. Hettrick is now being tried
on charges of violation Of the Donnelly
antitrust laws, together with master
plumbers and labor leaders.
Hettrick and two of his co-defend-
ants, the labor leaders William II.
brought into court from the Tombs,
where they are being held as result
of conviction in the previous trial on
charges of coercion. Imm ediately after
after the selection of the jury Special
Deputy Attorney General Kenneth NJ.
Spence outlined the case for the
prosecution.
There were originally ffty-two cor
porations and individuals named in
the indictment. Forty-four of these
have pleaded guilty and one has since
died. Just before the noon recess yes
terday it was announced that the firm
of Canavan e. Diegan, as a corporation,
and its two head as individuals,
Michael J. Canavan and David Diegan,
had pleaded guilty.
In addition to Hettrick, Chapman
and Doran. the defendants standing
trial are Wells & Newton, Inc; Charles
A. Murphy and Frank J. Fee. officers
of that corporation, and John L. knight.
/ The latter is charged with introducing
Hettrick to the Master Plumbers AS
sociation and urging its members to
join the code Of practice.
Prosecution Outlines Case
In his outline of the prosecutions
case to the jury Mr.. Spence dwelt upon
the points raised by the defense in the
previous trials of Hettrick. He out
lined the conditions that existed in
the plumbing business before the entry
Of the code of practice, and declared
they were Of the same nature as re-
CARDS risk that faces every other busi-
ness.
ing jobs that will be presented in the
prosecutions case, he declared he
would show that on three distinct occa-
sions Hettrick raised bids of other
competitors so that the firm of Wells
& Newton would get the jobs. He
declared that he would also show that
the threat of strikes was made by the
labor leaders in order to compel those
firms already in the scheme to re-
main in line, and to force those plumb
system.
He said he would prove that when an
agreement was broken in the case Of
the garment center building by Cor
nell e. CO. and the Milton Schnaier
Company, two members of the code of
practice, that Wells G. Newton called
on Hettrick to apply the code Of prac-
tise and enforce agreement.
At one point Mr.. Spence outlined q
case which he said the prosecution
would show wherein a member of the
Hettrick code of practice was disci-
plined under the code. In this case
he did not mention names, and Hett-
rick, who had been smiling family as
each point was driven home by Spence
suddenly sat upright and listened
keenly. When the recitation was over,
without the mention of names, there
was a hurried consultation between
him and counsel.
Agrees to Pay $l,500
Mr.. Spence said he would show that
the member had been lax in his obliga-
tons and refused to abide by the de-
cision Of Hettrick on his bids. Labor
leaders were sent to him, and they
threatened, Mr.. Spence said, that un-
less he came in the code again his men
would be put on strike. The unnamed
plumber 1nally went to see Hettrick,
and was told, it was charged, that he
would have to pay $4,000 into the Gin
surance" fund. After some discussion
he finally agreed to pay $1,000, it was
said.
The completed jury is as follows:
John w. Radel, mechanical engineer, of
42O West 121st Street, foreman; Viii
liam G. Schadel, auditor, Of 1877 Third
Avenue; Stewart Denning, bond broker,
of 27 West Thirty-sixth Street; Will
liam A. Hamilton, bank solicitor, of
200 West Fifty-eighth Street; w. Irv-
ing Daley, salesman, of 1926 Amster-
dam Avenue; Cornelius Berner,
jcweler, of 592 West 178th Street; Will
liam J. Ohl. draughtsman, of 500 West
178th Street; Solon Schiller, insurance,
Of $50 West 1O3d Street; William B.
Porter. superintendent, Of COS West
177th Street; W. R. Waddell, manufac-
turer, of 521 West 17sth Street; Sam
\ Schwartz, of 230 West 1O5th Street,
and Adam 2 Fish of Wnst 1nnth