The New York herald., 1921-01-07

made that It was intended to get after
offenders outside of this district
Argument upon Robert p. BrindelPs
appeal from an order denying his appli-
cation for change of venue terminated
yesterday afternoon with the announce
ment by Presiding Justice John Proctor
Clarke OF the Appellate Division Of the
Supreme Court that decision would be
ha nded down to-day.
The hearing. which was one of a num-
Der of legal fights waged on behalf Of
the Gear" of the building trades unions
TO delay his trial on the indictments
which charge him with having taken
bribes to call off strikes on big building
jobs. was marked by n brief collision
between Martin w. Littleton. Brtndells 8
attorney. and the court.
This occurred when Mr.. Litt'eton ar
gued that his client could not obtain a
fair trial from a special panel OF Jurors
which had been summoned 20 sit in his
case He declared that special panel )
were invar ably composed OF bankers.
prosperous business me- ard others mot
in sympathy with Inion labor.
Justice Clarke stopped him. stating
that he would not permit the judicial
system TO be assailed.
But Your Honor has not heard me
through Mr.. Littleton protested
II stopped you on the threshold re-
piled Justice Clarke, .for when you pro-
test against judicial procedure which the
court knows to be conducted IN the IT.
terests of absolute fairness and with
out favoritism the court should express
itself definitely.''
When Mr.. Littleton argued that Brin-
dell should not be tried in New York
county because the articles published
about him in the newspapers had In
famed the public against him, Justice
Walter Lloyd Smith. who comes from
upstate, remarked: In out OF town
districts the New York papers are being
more and more widely circulated all the
time and they are often more carefully
read in such districts than In the city.
because when one reader is finished with
one he passes 1t to some one else. and in
that way they are passed around to
everybody"
Labor Onions Not on Trial.
Justice Victor J. Bowling said in re-
gard to Mr.. Littleton's remarks about
labor unions: "Organized labor is no:
on trial. i should think that II man is
accused of an act inimical to organized
labor he might fare better through hav-
ing jury composed of persons other
than labor representatives"
Mr.. Untermyer. who appeared with his
son-in-law. Stanley Richter, 20 oppose
the appeal on behalf of the Lockwood
committee. said that New Y York county
with it's cosmopolitan population offered
as good O place as any for fair trias
and that If Brindelfs case We're sent OUT
of the couny. then every case OF public
interest should be tried elsewhere.
He told the five justices that many oi
the affldavits submitted or benaf ..
Brindell voiced the views of dcn.zers %
Hell's Kitchen rendezvous.
1T Is almost an insult 10 the court
to present mass OF this sort of stuff TO
it, he said.
In event of the Appellate Division up
holding the decision of Supreme Court
Justice Burr, who denied the change Of
venue. the trial of Brindell probably
will begin on Monday.
Justice John " McAvoy. in the STU
preme Court. denied a motion made yes
terday on behalf of Milton Schnaier and
Morris Jarcho, two indicted master
plumbers, for a dismissal Of the charges
hanging over them. Their attorney had
contended that their testimony before the
Lockwood committee gave immunity &c
them. but Justice McAvoy' held other.
wise.
A motion for inspection of the minutes
Of the Grand Jury which indicted fifty
two members of John T. Hettrick's
plumbing combine for violation of the
State antitrust laws was argued, but
decision was reserved.