New-York tribune., 1921-01-04
.Rrindell Wins
IStay in Fight
TO Delay Trial
Argument on Show Cause
Order Is Set for To-day,
When Untermyer Will In
sist Motions Be Vacated
Five Sand Men Arraigned
Plead Not Guilty and Each
Is Freed ON $1,000 Bail;
Fourth Jury Being Picked

IL became pToDaDic yesterday tnat
tho strenuous efforts made to hold up
-he trial OF Robert =. Brindell, the
lshor car indicted seven times on
sxtortion charges growing out of the
lockwood committees housing investi-
rs.ion, would result in the case set for
+o-moYrow going over to some day next
week.
The probability Of delay was further
strengthened by the absence of Martin
v Littleton, Brindell's chief counsel
who is appearing before the United
States Supreme Court at Washington
~ behalf of United States Senator
Nexherry, convicted in Michigan of
lection irregularities.
Samuel Untermyer, chief counsel to
the committee, however, will try to
.xree, awav the legal cobwebs this
norriny when he appears before JUS
.;cs GrSenbsum of the Appellate Divi-
SION to argue against a stay and a
shoV-,ause order. Justice Hotch,iss
hsd granted Brindell "A stay expiring
Thursday. pending an appeal on the
change o. venue motion denied by JUS
t,ra Bnrr- Justice Greenbaum has also
;ssued an orde- requiring Mr. Unter7
nver 70 show cause to-day why Brin
aen shorld not be granted q further
stav pending his appeal from the venue
rotson- Nr. Untermyer will try to
have the first sta vacated and prevent
Yrindell obtaining another.
Sand Men Arraigned
FIVE OF the eleven individuals in
dcted with for- firms under the Sher-
man anti-truss law for alleged con-
sniracy to control the sand and gravel
Industry in this district by price
fixing and the elimination of competi-
tjc, reug- canirrl a. Cow Bay sand
appeared before Federal Judge Au-
custus Hand in the United States Dis
tric. Cour- yesterday and pleaded not
guilty.. They we're given until Janu-
ary l. to make motions or other pleas.
The defendants were released upon
furnishing bonds o. IS, 600 each.
The defendants who appeared were
Joseph Gallagher, secre tary- treasurer
of the Manhattan Sand Company; Will
ham ]. Mahrney. president, ard Richard
Sand and Gravel Company, Inc. Eu-
gene T. Clark, former secretary of the
Sand and Gravel Board of Trade. and
Thomas Larigar. Of Laniean Brothers.
The WORK o. selecting the fourth
grand jury to consider evidence grow
ing cu. c. the Lockwood committees
probe was begun yesterday before Jus
tica McAvoy IN tha Supreme CourC. The
-alesrnen were questioned by William
A. De Ford. special assistant deputy
stScrncy general. 1t is expected tha-
ne selection of the panel viii be COM
ple'ed today.
Pending the renewal OF the commit
tees hfa through resolution 10 be
..1<4-
row, the members OF the cara III ttsca
occupied the breathing spell yesterday
with survey of the committees work
up to date and its effects. It is said
to show one OF the mosc rs remarkable
achievements Of q decade
The committee began it's sessions on
Cctober %. IN ten weeks its e,nrs:s-'res
have piled up to such a dsor>s that
four grand juries have had to re called
in.o being to handle the criminal evi-
deacs arising therefrom.. The criminal
eases resulting from the inquiry haze
required the services Of dozen Law
yars.
Thirty Cnmhinea Exposed
Going into detail the committee has
exposed 10 less than thirty trade comb
nations tha played a vital par in the
building Industry. OF these seven have
been smashed and dissolved and others
are IL process OF dissolution Eighteen
mere groups face Investigation when
the coiErn tee resumes hearings under
IFS new lease CT life, about the nliddla
q Ja-Ta,-1
rs rcsN'1 Of pres entrnents c. evi-
ds1ce before three grand jures, more
taan l2s lnlic .nelts against individ-
ua's and firms have been returned so
lar /; IS sad that before the commit
tee Is through this nun Der viii prob
ably reach two hundred
The disclosure Of the code Of prac-
tee" scheme O. collusire bidding, orig
iaatnd by John T. Ee<trick, q lawyer
o les Broadway, 70 which the limo
.', s1o.e, plumbing, and heating and ven
u-a.-Ig contractors subscribed. brought
to l:gaz , eyed irregularities in CON
nec-on with many city contracts.
/. wls through raid on Ee:frick's
o1ce tnat Information was obtained
showing Henry Uanlein's connection
VIII the limestone ring, which, t was
alleged had tried 10 mulct the city ou,
o. 81 100000 on a contract for the pro
posed new Courthouse. This money
vas saved TO the city by the commit
zee revelations.
ine Het.rick crowds grip on many
scnoo' contracts bro1ght the Mayors /
,A-.~ mo tHe invest ga-lon, testimony ,
niavlng been offered showing the Mayor |
aao sent 20 the Board Of Education !
u-oer ais own maize q letter which /
aad been written by Hettrick, pointing
s-i ne adyantages Of limestone over
ton.
Iae Mayors association with Het-
.rcs and the consequent revelations
gave r'ze 70 the agitation for sweep |
.ag inveztigation Of all city depart |
Msn's By tae new Legislature In this !
connection the names Of many prorni- /
.snt u Ianmany men. including John a. I
%c1aT.Ay, friend Of Charles F. Muir /
pAy' Iammany leader, have been
'igg9zat INTO the inquiry.
me committee believes that in the
,,hoic,ment of Brindell il has etrcctual- /
caecsed the alleged grating opera /
~. ..'is oi .aDor leaders, which we're said /
. nave had a most disastrous effect on /
N'pe'ng construction. The sums he
- psc!afed by witnesges 10 have de-
maheed and received from contractors
- so-ealled Insurance against strikes
9'6i more than 100000 for period /
u @ six months.