The New York herald., 1921-02-02
BRNDELL, ENDING
DEFENCE, REFUSES
TO GO ON STAND
Case Likely to Reach Jury
Friday, With Summing
Up Starting To-day.
DENIAL BY BODYGUARD
Discharged Policeman Says
He Never Heard of ArOn-
son Paying $4,000 Graft.
HIS MEMORY is UNUSUAL
Other Witnesses Are Called to
Refute Testimony of the
Prosecution.
DENIAL BY BODYGUARD
HIS MEMORY is UNUSUAL

Without having called Robert p.
Brindell to the witness stand to re-
fute the charges of eXtortion made
against him, Martin w. Littleton, chief
counsel for the labor car, announced
yesterday afternoon at Brindells trial
before Supreme Court Justice McAvoy
that he had concluded his clients de-
fence
Mr.. Littleton reserved the right to
submit further evidence this morn
ing but it is understood that this Will
take little time. Samuel Untermyer
chief special prosecutor, will then take
two or three hours in the presentation
of evidence in rebuttal of testimony
given by witnesses for Brindell. The
summing up probably will begin to-
morrow morning, and it is likely the
case will be submitted to the jury on
Friday.
One OF the principal witnesses called
by Mr.. Littleton yesterday to contradict
testimony as to graft transactions was
Stephen Birmingham, former patrolman
who was dismissed from the police force
last week on the recommendation or
John A. Leach, Deputy Commissioner,
after Birmingham's conviction on
charges of having obtained two leaves
of absence without pay upon false rep
reservations.
Birmingham, who said he had been
working for Brindell in the capacity or
bodyguard and as collector of dues from
members OF the Building Trades Coun-
ell. testified that he was seated in the
union Headquarters on September 20.
1920. when Max Aronson. garment
manufacturer asserted he paid Brindell
$1,000 to get him to call off strike on
a building Aronson was erecting. Bir-
mngham supported the testimony OF
David Danahy. walking delegate. who
testified last week that he also was
present during Aronson's visit. and that
there was no talk of money and that
none was passed.
On cross-examination the former po-
liceman admitted that, although able to
give vivid account of all that hap
pened at Brindelrs office on September
20, and to repeat the conversation be-
tween Brindel and Aronson word for
word, his memory was faulty on other
Brindelrs office almost every day and
that owners and contractors were con-
tinually coming in to talk about strikes
on their property, yet the Aronson visit.
which had no unusual features. was the
only one that stuck in his mind.
The witness tried to create the Inn
preston that he was dismissed from the
police force because he was expected TO
take the stand as a witness for B-in-
dell He emphasized the fact that on
the night after the disclosure that he
would testify he received notice of his
dismissal. Mr.. Untermyer tried TO in
troduce into evidence a copy of his dis
rnissal In order to show that it was
passed upon before II was known Br-
Tingham would testify, but 1t was not
allowed.
II was brought out that Birmingham
was dismissed because he had obtained
two leaves of absence of $50 days each
without pay, upon the statement that
his wife was in delicate health and that
he wanted 10 take her to the mountains,
and that it subsequently developed he
had been working for Brindell during
his time of leave.
Tells of Lakewood Mountains.
Birmingham. under examination by
Mr.. Littleton. testified that he had ac-
tually taken his wife to the mountains
for three weeks. and that he had sub
sequently sent her away over week ends.
Mr.. Untermyer asked him TO what
mountain resort he had taken his wife
after his second leave Of absence had
been obtained.
Lakewood. ". j." replied the Wit
ness.
Are there any mountains at Lake.
wood?" asked the astonshed Mr.. Inter
myer.
Yes" said the former police officer.
Mr.. Litteton questioned the witness
concerning recognition he had received
for services on the police force. and he
testified that he had been officially com
mended in 1912 for arresting two gun
men. honorably mentioned and decorated
in 1915 for arresting a negro who had
shot two detectives and had also
wounded him. and again commended for
arrestlng men who had been robbing
United Cigar stores. Asked why he had
been reduced from detective 20 patrol
man. he said he DID not know He
added that at one time he had been con-
nected with the Department Of Justice.