New-York tribune., 1921-02-02
Brindell Case
Likely to Reacl,
Jury Tomorrow
Defense Closes Evidence
and Both Sides Will Use
To-day i'm Summing Up;
Faces a 15-Year Sentence
Ex-Policeanan ON Stand
Birmingham Used by Little
ton to Establish Alibi Aired
in the Danahy Testimony

With another effort to establish an
aiibi for Robert p. Brindell, the labor
king on trial before Justice McAvoy
for alleged extortion, Martin w. Little
ton, his attorney, yesterday closed his
case fer the defense. The summing up by
both sides will take place to-day and the
case will in all probability go to the
jury tomorrow. If found guilty Brin-
dell will face an extreme penalty of
fifteen years Imprisonment.
Mr.. Littleton played mis- second
trump card in the person of Stephen
w. Birmingham, former policeman,
who was placed on the stand by the
defense TO corroborate the alibi estab-
lished by David Danahy, q walking
delegate for the Marble Helpers Union.
Danahy had testified that he was in
Brindell's Office with Birmingham on
September 20, when Max Aronson had
a conference with the labor leader, in
che course of which Brindell is said
by the prosecution to have demanded
and later received $4,000 to call off a
strike on an operation of Aronson's.
Uanahy denied that there was any mem
tion OF money in the conversation.
Two Stories Differ
Danahy's story was repeated almost
verbatim by Birmingham yesterday. 1t
differed, however, III two points from
the testimony of Danahy. Danahy made
no mention of finding Brindell and
Birmingham eating luncheon when he
a1rNed at Brindel's office. at 12 ST.
Marks Place, at about 1890 p. m.
Again, Danahy had said that at the
close Of the conversation between Rrin-
deli and Aronson Birmingham went
into BrindelFs private office and spoke
TO Ernuel in low voice for nbouy
fifteen minutes. Birmingham testified
yesterday. however, that he went dovn
to- the Compensation Bureau of the
building Trades Council on the floor
below Immediately after the Aronson
conversation, where he remained about
FIVE minutes, leaving Danahy with
Brindell.
"Was there anything said of the pay
ment of any sum of money to Brin-
della" asked Mr.. Littleton of the wit
less.
Not word" replied Birmingham.
WAS there any bargaining regarding
any none at all?"
mo. there was not"
Under CROSSE examination by Samuel
Untermyer, counsel for the prosecu-
ton. it developed that Birmingham had
been dismissed from the Police Depart
ment last Thursday after a trial on
charges before DeputA Police Commits
sioner Leach. He had applied for a
six months leave the early part of last
summer to take his i'll wife to the
mountains On June /, however, he was
employed b. Brindell to organize and
take charge Of the Compensation Bu-
feau of the Building Trades Council.
Since that time he has been an in
vestigator for the bureau and has acted
as personal bodyguard to Brindell. He
had been cited many times for good
sery ce IN, the course of his twelve
years, connection with the Police De-
partme1t, according TO the testimony,
and at the time Of his dismissal was a
first grade detective sergeant.
Didn't Know Aronson
'You had never met Aronson before.
had you?" asked Mr.. Untermyer.
mo, | did not know who he was"
and while you can't recall anything
definite about any other conversation
that took place with other contractors
who called on Brindell, or when they
came to his office, you can give, us a
complete picture of the Aronson in
terview, although you tell us you paid
no attention to the matter at the time
and there was nothing about the incl
den to. distinguish it from the numer-
Gus other conferences he held daily ?"
nave spoken TO Mi. Danahy and
Brlndell about the matter and my mind
has been refreshed" was the answer
birmingham gave.
1t was reported that as result of
the Lockwood committees investiga-
ton the Building Trades Employers
Association has decided upon a com
plete reorganization at meeting to
be held February Is. In this connec-
tion it was said that none of the pres
ent officers of the association would
retain his place at the election sched-
uled for that date, except Samuel B.
Donnelly, who is employed as secre-
LarV