The New York herald., 1921-01-19
Ultimately Agreed to Pay
$1,000 and Hire Only
Brindell's Men.
COUNSEL IN A CLASH
Untermyer and LittletOn Are
Warned by COurt-AccOunt
Books Sought.

| lilt SCCICldly VI Ills Va . G0AA4<e-s@OA NN~~~
a part of the records were offered yes
terday as the trial of the accused labor
car was continued before Supreme
\ Court Justice John V. McAvoy.
During the day word came from Al
bany that the Court of Appeals had
denied the application of Brindell for
a stay of his trial pending an appeal
from the decision denying him a
change of venue.
The proceedings yesterday were
marked with an admonition from the
court to both Martin w. Littleton,
Brindell's attorney, and Samuel Inter
myer, volunteer chief prosecutor, that
he would hold them accountable at the
conclusion of the trial for any further
repetitions of the clashes which have
punctuated the procedure of the last
few days.
The new bribe testimony was offered
by Jacob Fradus, an excavating con-
tractor who deals In hundreds of thou
sands despite the fact that he neither
can read nor write the English Lam
guage. II was mt variance with testi-
Lockwood committee, where he stated
that Brindell had asked him for $4,000,
but he explained this by saying that
Brndell had originally asked $4,000
but had reduced his demand to the
figure which he previously testified to.
He wae at work on wrecking ana
exca waiting job at Seventh avenue and
Thirty-eighth street. he said. when
| Brindell came along in an automobile.
| Il. he Iuh nhiaf from the
car and speak to one of his steam shovel
engineers. and then go upon his way.
| The engineer quit work and the other
engineers did likewise.
Lost seevrni Big jobs.
Then Fradus went to see Brindell
who told him that 1t would cost him
$500 to go ahead with his work
Three days later he said. Brindell came
down to $4,000. but still he would not
pay It, and he lost the whole contracting
Job, amounting to s275.000. After this,
1 Fradus said. Brindell bounded him and
he lost several big jobs with the result
1 that he also lost hie plant OF auto
mobiles and steam shovels He tried to
get the job on the Stock Exchange an
mex at Wall and Broad streets, but
Brindell spoke to a Mr.. Whiting Of the
George A. Fuller Company on the tele-
not have this Job.
When he landed a good contract last
summer. Fradus said. he decided to
/ cnpitulate 10 the labor czar. He went
TO Brindell with $4,000 in his pocket and
/ begged permission TO resume operations
According TO his testimony. Brindell
said to him; "All right. II you'll be a
good boy and let me have $1,000 I'll let
! YOU have this job" He said that he then
IL. If.ffG t.,t ~
| agreement by which he was TO be per-
mltted to work unmolested In the future.
provided he hired Brindell's men for all
jobs.
All OF this went In over strenuous OBJ
jections OF Mr. Littleton. who protested
that the charge for which Brindell is
now being tried relates solely to the al
| legged payment to him of $4,000 bribe
by Max Aronson.
Counsel Warned by Court.
After n long cross examination.
throughout which Fradus appeared un-
able TO grasp the meaning of many OF
his questions and evinccd tendency to
| volunteer much Information that was not
| asked for, Mr. Littleton turned TO Justice
McAvoy and said. II think II time. that
this witness lay aside his disguise e
Mr.. Unternyer objected. whereupon
Mr. Littleton characterized Fradus's
testimony as Weber and Fields tactics"
81 think that there is more Weber and
Fields on this side OF the rail" said Mr..
Untermyer. indicating the side on which
Mr.. Littleton was standing, than there
is on the other side"
That was not the first tilt OF the day
, Earlier Mr.. Untermyer had referred to
Mr.. Llttleton as "whirlwind" and Mr..
Littleton had referred to Mr.. Untermyer
as a ''whirllng dervlsh." Also one verbal
clash had terminated in a remark by
/, Mr.. Untermyer to the effect that he
could understand why Mr.. LIttleton
talked so much. because he was paid
to do So" and his subsequent withdrawal
OF the remark with the ironical apology,
, "I don't really know whether he Is being
paid or not"
'If the counsel continue these re-
marks" Justice McAvoy said. leach re-
mark which consider reprehensibie
shall be noted by q check and at the
conclusion of the trial I shall hold both
counsel TO account for their specific Of
fences. These things may be very anus
ing to the loungers In the courtroom. but
they are not at all amusing 10 me"
Disappearance Of Tompi<ins.
Tho testimony regarding the dlsap-
pearance of Roswell d. Tompkins. Sec
retary OF Brndells Building Trade
Council was furnished by several wit
ncsscs. and II was brought opt that the
cash and minute books Of the council
: were also unobtainabie. Charles Burns,
assistant secretary OF the council, testi-
fled that Tompkins had asked him TO
! take over his work on or about December
20. "I believe he is home SICK" he said.
George Tompkins, son, and Mrs. Ruth
Regan, daughter Of the Brindell council
secretary. were also called for the pur-
pose Of proving that he had disappeared
from the jurisdiction. but Justice Nc
Avoy said that the mans disappearance
had already been established sufficiently
Burns was asked about the where-
abouts of the cash and minute books
which he had been subpnnaod TO pro-
duce. and his answer was that no knew
nothing about them. Asked II they might
be I'm the safe at the Building Trades
Council offices. he answered that they
might, but that he did not know the
combination.
Patrick Crowley. who has been acting