New-York tribune., 1921-03-22
Plumbers Fate
nCode Charge
In .Jury's Hands
Panel % Glib crates 8 Six
Hours; Fails to Reach a
Verdict and Is Ordered
Locked Up for the Night
Hettrick Aids Go to Jail
Doran and Chapman Give Up
Fight on Doubt Plea and
Are Sent to Blackwell's

The case of the three master plumb
ers, Frank j. Fee, Charles A. Murphy
and John l.. Knight, on trial for al
legged violation of the state antitrust
law. went to the jury at 6 o'clock last
night The three men were indicted
with John T. Hettrick, originator Of
the code of practice scheme for elimi-
mating competitive bids in the plumb
ing trade, and their trial was the out
come of the Lockwood housing investi-
cation.
The jury was locked up for the night
shortly before midnight. The defend
ants, instead of returning to the
Tombs, were allowed to sleep in the
Sheriff's Office.
Shortly after 10 o'clock last night
the jury appeared before Justice Nc
Avoy and John w. Radu, the foreman,
requested instruction, upon the mean
ing of intent contained in the indict-
ment. He also asked the court to read
the section of the state business law
under which the trial was held.
Justice McAvoy informed the jury
that it was necessary to prove or
sllege that there was intent or design
to restrain trade in necessary COM
modify, but that the jury must pass
upon the facts presented. The jury
then retired again.
Fee and Murphy are officers of the
firm of Wells & Newton, Inc, which
is also a defendant as corporation
Knight is president of the Master
Plumbers Association.
Hettrick Aids Give Up Fight
Coincident with the close OF the
plumbers trial William J. Doran and
William II. Chapman, the two labor
lieutenants of Robert P. Brindell, who
were convicted with John I. Hettrick
Of coercion, gave up their fight for
freedom and elected to begin their
term in the penitentiary. They ap-
peared before Justice John V. McAvoy
Yesterday and asked him to permit
them to withdraw their application for
a certificate of reasonable doubt and
start their prison sentence.
After Justice McAvoy had assented
Clerk William Penney issued the com n
mitment papers and Sheriff David H.
Knott took the two men to BlackwelPs
Island. They will remain in the custody
of the Parole Commission for three
years, but may be released at any time
within that period by the commission
and the committing justice, acting in
agreement.
The action of Chapman and Doran
followed closely that of Herbert Smith,
the other co-defendant of Hettrick in
the coercion trial. Drindell and Het-
sentence awaiting the result of their
application for certificates Of reason
able doubt.
Chapman, Doran and Hettrick were
freed in the plumbers trial. which end
ed yesterday, on the ground of double
jeopardy, haying been tried and found
guilty on the same facts in the prevl-
Gus trial. They, together with knight,
Fee and Murphy, were originally in
dicted with fifty-two' firms and indi-
viduals on charges OF violating the
state antitrust law. Thirty eight firms
and individuals already have pleaded
guilty without trial and they Will be
sentenced by Justice McAvoy.
Hold No Restraint Of Trade
In summing up yesterday J. P. Dom
nellan, counsel for Wells 4 Newton,
Inc, Frank J. Fee and Charles A.
Murphy, contended that his clients had
not entered into any combination for
the purpose of preventing competition
or restricting trade and that their
dealings with Hettrick were merely to
seek means of preventing the peddling
and hawking of bids between master
plumbers and general contractors.
Charles H. Hyde, counsel for John l..
Knight, summed up along similar lines.
Special Deputy Attorney General
Kenneth NJ. Spence for the prosecution,
after telling the jury that the evidence
before them was conclusive and not
circumstantial, declared that the de-
fendants had shown great deal OF
effrontery, but despite this had not
denied there was a combine to restrict
competition, although they denied they
were members of it.
He characterized the insurance fund
of Hettrick as fund to compensate
firms in the combination for the busi,
ness they did not get and said 1t was
to the losers Justice McAvoy de-
livered his charge in a little less than
an hour.