New-York tribune., 1921-03-12
Man Convicted
With Hettrick
Abandons Fight
Herbert Smith, s'Code of
Practice" Contractor.
Withdraws Appeal and
Goes to Penitentiarv
Now Under Parole Board
Second Indictment Against
Him May Be Dismissed:
Co-defendants Surprised

herbert Smith, a plumbing con-
tractor, recently convicted with John
I. Hettrick and two others of con-
splracy and coercion In connection
with the operation of Hettrck's code
OF practice" scheme of bidding. yester-
day withdrew all legal steps for his
release and a new trial and was taken
to Blackwell's Island to serve an in
determinate sentence in the peni-
tentiary.
Smiths action came as a great sur
prise to Hettrick, and William II. Chap
man and William j. Doran, the two
delegates of the plumbers union SEN
fenced with him, who had thought that
the contractor would stick to the last
with them in their fight to escape the
penalty imposed by Juetice McAvoy.
On the day following their conviction
on February "a, attorneys for the de-
PENDANTS, including Martin Conboy
Smiths counsel, obtained from Justice
BLUR an order to show cause why
a certificate of reasonable doubt should
not be granted the men pending an
appeal of the case. Success in the
move would have effected their re-
lease on bail
May Be ParOled
Argument on the matter was post
poned from time to time, the men in
the mean time having been confined in
the Iombs on stay of execution pend
ing d decision. Yesterday morning,
however, Conboy and a representative
of the Attorney Generals Office active
IN prosecuting the case, had Justice
Newburger vacate the stay of execution
in the case of Smith. The application
for certificate of reasonable doubt
was withdrawn and Smith was taken
to the penitentiary by a deputy sheriff
about 8 p. m.
Smith has been indicted on another
charge, together with Hettrick and fif-
ty-one other master plumbers, whose
trial for alleged violations of the Dom
nelly antitrust laws is now proceeding
before Justice McAvoy. All but thir-
teen of these, however, have pleaded
guilty to the charges, with only seven
of the accused, including Hettrick,
Ecran and Chapman, al present facing
a
with five others, the date OF this not
yet having been decided upon. In view
of Smiths Willingness to pay the pen
atty at once on the previous charge it
is possible that the Attorney Generals
Office may move for the dismissal of
the second indictment against him.
1t is said that Smiths admission TO
the penitentiary at once places him
under the jurisdiction of the Parole
Commission, which, after due inve sti-
cation and with the consent Of the SEN
fencing justice, has the authority to
parole prisoners. While prisoners may
be released Immediately after admis-
sion, no applications for parole have
generally been acted upon until at
least three months after admission.
Smith may be imprisoned for maxi
mum period of three years.
Testimony Continued
The applications of Hettrick, Doran
and Chapman for release from the
Tombs pending their appeal will come
up for argument before Justice New
burger on March IL
Tue taking OF testimony in the trial
of Hettrick and six others defendants
for alleged violation of the Donnelly
antitrust laws continued yesterday
with the examination of many wit
nesses by Kenneth NJ Spence, for the
prosecution. Several representatives
of the United Association of Journey
men Plumbers and Steamfitters, gem
orally referred to as Local 1853, we're
called III an attempt to show that the
union had worked hand in glove with
the master plumbers to make the code
OF practice scheme effective
The trial will be continued to-day.