New-York tribune., 1921-03-29
and
De Ford Clash
At World Trial
Justice McAvoy Forces an
Apology to Lockwood
Committee Counsel i'm
Contempt Proceedings
Gives Court a Headache
Four Members of Newspa-
per Staff Are Accused of
Improper Publications

Samuel Untermyer, counsel Of the
Lockwood joint legislative housing
committee, spent the afternoon on the
witness stand before Justice McAvoy
yesterday in the trial Of Robert o.
Scallan, J. w. Barrett, r. F. Smith and
w. P. Beazell, members Of The New
York World staff, who are charged with
contempt of court in the publication
Of a news report on February % con-
corning the punishmeng Of some of
the Lockwood committee.
His cross-examination by William A.
do Ford developed into heated per-
sonal argument, during the course of
which Justice McAvoy repeatedly
warned De Ford and at one time COM
PEELED him to apologize to Mr.. Inter
myer. The pointed comments and re-
marks concerning each other passed
between the two counsel became so
vociferous at one stage that Justice
McAvoy interposed by saying be would
be compelled to take judicial notice Of
them unless they ceased, as they were
giving him a headache.
Mr.. Untermyer's Testimony
On another occasion the court inter
posed by saying: "What l want to hear
is a defense for the attack on the
court. l have been here all day and |
haven't heard it yet"
Mr.. Untermyer in his direct testi-
mony in defense of the members of The
World staff. questioned by Siegfried
Stanchield, counsel for the four men,
said he told Mr.. de Ford that the
limestone men would plead guilty, and
since their evidence was necessary to
convict Hcttrick and some of the
others, he would recommend punish
ment by fine instead of Imprisonment.
Later he said that he had told De
Ford that he he had gone off "half-
cooked" in his criticism of the dispo-
sition of the limestone cases and that
the letter of resignation sent by De
Ford was a grandstand play. De Ford
was appointed Special Deputy Attorney
General to assist Mr.. Untermyer in
prosecuting the building materials men
indicted as result of the Lockwood
investigation.
Mr.. Untermyer's attention was then
! called to the testimony Of De Ford at
a previous session of the trial, when
the latter had testified that, because
of the opposition OF the Hearst news
papers, for which he is attorney. Mr..
Untermyer was attempting to force
him into a position similar to his own
with respect to the limestone men, who
had escaped jail sentences and received
only fines.
Mr.. Untermyer answered at great
length, pointing out that Hearst op-
posed him from the date he called
Mayor John F. Hylan to the witness
stand in the Lockwood investigation.
81 can't understand Mr.. De Ford's
charge that I had him appointed to get
him into this position said Mr.. I'm
termyer. AS matter of fact, he urged
and urged me to secure his appoint
ment and went to my son-in-law and
asked him to have the appointment
made. l am very much disappointed in
Mr.. De Ford, and disillusioned, too.
Another Rebuke by Court
The latter remark precipitated the
heated argument which followed in the
cross examination. At one time Mr.
Untermyer testified that he thought
De Ford was trying to make friends ir
influential quarters, "knowing your
consuming ambition to be District At
torney."
"My motive might have been basee
on my objection to your making lackey.
of your assistants," said Mr.. De Ford
You don't realize that you are yer!
lnsolent to your assistants"
This sally brought another admoni
ton from the court. The trial will con
iirua to-dov