New-York tribune., 1921-02-01
So Arraignled
As Members Of
Building Ring
Z Dealers in Materials, Includ-
ing john A. Mccarthy,
Friend Of Murphy, Freed
ON Bail of $I,50O Each
Bri1adell Trial Resumed
Witness Tells Untermyer
He Believes Labor Chief
Is Victim of Frame-Up

~
Coincident- with the resumption of
the trial OF Robert r. Brindell, the
labor leader charged with extortion, be-
fore Justice McAvoy yesterday. fifty
six members of the Association Of
Dealers In Mason's Building Materials
appeared through their attorneys in
the same court in answer to an indict-
ment accusing them of conspiracy in
restraint of trade.
The men were placed under $1,000
bail each and given until next Monday
to make pleas or motions. The indict-
ments were handed down last Friday,
but the nature Of the offense charged
and the names OF the accused were
withheld. Twenty-six of the defendants
were represented by Martin Conboy,
while others were represented by
George q. Medalie, Don Carlos Buell.,
James A. Delehanty, Meier Steinbrink
and A. /. Nova.
Murphy's Friend Accused
Among those named in the indict-
ment is John A. Mccarthy, a former
business associate and personal friend
Of Charles F. Murphy, the Tamlnany
leader. Mccarthy was sought for some
time by the Lockwood committee dur
ing the course OF it's hearings on the
housing situation, and it was then re-
ported that he had left town. He is
said to have returned shortly after the
first of the year, when the powers of
the committee expired. He was repre-
sented yesterday by counsel.
Two defendants, James A. Heaney
and Alonzo Rose, were reported dead
Several others are said to have gone
out Of business. The accused men prob
ably will be brought to trial in March
or at an extraordinary term of the SUI
preme Court, according to William A
De Ford, Deputy Attorney General.
"This indictment is mere accusa-
tion," said Mr.. De Ford. "The de-
PENDANTS are charged with conspirine
to commit an act injurious to trade
and commerce in violation of section
$50 of the Penal Law. cannot proceed
with the trial before the time men
toned because of the need for careful
preparation Of the case and because
shall be engaged for three weeks in the
continued presentation Of evidence to
the grand jury relative to another al
legged illegal combination in the build
ing industry. The indictment against
these defendants is against them as in
dividuais, and not against the corpora
tions which they represented in the
membership of the association"
! List Of Accused Men
Those accused in the indictment are
James M. Ames, Harry w. Bell, John
| j. Bell, John M. Kilcullen, Patrick J
Heaney, James A. Heaney, Francis N
Howland, Daniel Darrow, Wright d
Goss, John P. Kane, William E. Beat
! tie, John A. Mccarthy William H
Schmohl, William III. Schmohl jr, Ora
ham Murtha, James Noonan, Albert
| Schwartz, Nathan Peck, William j
Peck, John A. Philbrick, Joseph Phil
brick, Alden j. Harcourt, Walter w
Krider, Frank E. Wise, Andrew J. Bris-
lin, John Brislin, John Wilson, John
| w. Gaylor, Cornelius A. Mcclure, John
A. Clarke, Frank o. Dreamer, Byron D
Creamers Stephen V. Duffy, John H
Duffy, Francis Y. Duffy, John Fl. Mahn-
ken, George B. Raymond, A. Alexander
| Edelman, Maillard NJ. Canda, Theodore
| G. Wood, Walter G. Howe, James E
| Clonin, Robert w. Main, William n
| Barnes, Henry j. iowa, Richard ]
| Morrissey, Ebenezer S. Emmons, Will
lam 7. Roberts, William K. Hammond
Frank L. Holmes, Irving 3. Rose, Alon-
20 Rose. Henry R. Brigham and John
Martin w. Littleton, counsel TO,
Brindell, called several labor men t.
the stand yesterday to substantiate hi.
claim that the strike on the operation
of Max Aronson, upon which the pres
ent charge against Brindell is based
was legitimate walkout and no
called for purposes of extortion.
While several of the witnessse:
testified that members of their unions
employed on the job were not affiliated
with the Brindell Building Trades
Council and that this was made the
cause Of the waikout, they added unde
cross-examination by Samuel Inter
myer that no strike had ever beer
| called before for that reason and tina
| their men were to-day working side b.
side with Building Trades Council mel
without any trouble.
Several contractors were put on the
stand to support the defense's conten
| tion that moneys given to Brindell b,
| various contractors were in fact com
| missions in return for the labor lead
er's influence in obtaining work fo
| them.
| Fradus Case Revived
Through John v. Prendergast, /;
4 builder, Mr.. Littleton tried to shov
that the cancellation of Jacob Fradus';
excavating contract with the Carmen
Center Realty Company was the resul
/ of Fradus's delay in getting on the jol
and his lack Of equipment, and not be
cause Brindell demanded that he be re
moved, as Fradus testified. in thi
connection, Mr.. Unsermyer read pas
4 sages Of Prendergast's statement Il
4 Deputy Attorney General Berger, il
4 which prendergast declared that th
only reason Fradus was excluded from
| the job was because of Brindell'sI OBJ
4 jections.
4 Henry J. Blinderman, constructor
/ engineer, formerly with the Fredericl
! T. Ley Company, declared that he toll
Brindeil he could select the contracto
for wrecking job for the firm a
Forty-sesond Street and Madison Ave
nue. last summer.
i Albert A. Volk, wrecking con
tractor, had testified tha. he paid Brin
4 dell $1,000 to get this contract. Bin
derman testified yesterday that Brir
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