New-York tribune., 1921-02-24
Hettr'ick Case.
Delayed, Goes
To Jury To-day
Defense. i'll All-Day Sun,-
ming Up, Denies Evidence
Shows Conspiracy to Force
Contractors Into Code"
Didn't Balk Competition
Armstrong Is Called ''Liar
Who Prostituted His Soul
TO Escape Indictment"

Contrary to expectations, counsel 70,
John T. Hettrick and three co-defend.
ants on trial before Supreme Court
Justice McAvoy for alleged conspiracy
to force plumbing contractors into Het-
tricks code of practice" scheme OF
bidding, took all day yesterday to sum
up their defense. Henry l.. Stimson
chief counsel fer the prosecution. will
sum up this morning, when the case
will go to the jury.
Counsel for Hettrick and William Fl
Cha man, William j. Doran and Her
bert Smith, the other defendants, c.
MED generally that any evidence had
been adduced to show that the Hettrick
code Of practice" restrained competi-
ton No proof had been offered they con
tended, OF any conspiracy among the
""ferdants to force contractors into
the code, and in the case of Smith it
was not shown that he had even spoken
to any of the other defendants.
Their argument was marked by bitter
attacks on witnesses for the state and
by numerous tilts with the court over
the lawyers attempts to tell the jury
what is the law on the subject
Calls Witness "Yellow''
Nathaniel Cohen, counsel for Doran
characterized James Arm strong, one OF
the witnesses, as "yellow"' and "a lia1
who prostituted his soul to escape in
dictr ont" William Y. Jack, another
witness, he called Don't remember
jack adding that he also had testified
falsely to obtain immunity.
William j. Fallon. counsel for Chap
man, said his client and Doran were
the good Samaritans in the plumbing
business and had helped many con-
tractors settle strikes" Hettrick had
been accused of every crime under the
Donnelly antitrust law, he declared,
",because of a poor selection, of Eng
lish," referring to the words "allot-
ment" and "entitled" found among
Hettrick's records. When Fallon re-
quested the jury to consider what the
wives and the children of the defend
ants attending school would think if the
men were sent to Jail, Justice McAvoy
interrupted, eve do not allow that in
this court. We do not take up what
the children in the schools may say"
Martin Conboy, counsel for Smith,
clashed with the. court when he de-
manded to know Why some Of the other
plumbers had not been indicted with
Hettrick. Kenneth Spence, associate
counsel for the prosecution, objected,
and when he was sustained by the
court Conboy came back with, ~ take
exception to the courts remarks" JUS
tice MaAvoy retorted, Il reiterate it
and you may reiterate your exception. -
Denies Agreement Was Illegal
Conboy admitted the existence of an
agreement between the Plumbers
Union, Local 463. and the Master
Plumbers Association, but denied
there was anything illegal about it.
He supported his claim by reading
from the statutes. Far from prevent
ing competition, he said there was no
real competition before the creation
of Hettrick's code.
Robert H. Elder, counsel for Het-
trick, insisted that all the witnesses
but one had testified in connection
with the workings of the code that
the lowest bidder was to get the job,
and that there was no suggestion Of
suppression of competition. He said
the variance between the average bust
ness of member contractors and the
amount allotted than shows there was
no real apportioncnent.
There was no evidence to show"
he concluded, "why Hettrick changed
the bids he did. 1t is not remarkable
that change in bid should change
the standing of the bidders. The
changing Of the figures might have
been due to contractors dickering on
the outside and then ordering Hettrick
to change their original bids"