The New York herald., 1921-07-23
PROSECUTIONBALKED
in CLOTHING STRIKE
Witness Suddenly Shifts
Front and Refuses to Iden-
tify Alleged Gunman.
UNION SHOWS POWER
Alderman ShiplacOff's Ap-
peal for Defence Fund
Recalled by Incident.
FULL INQUIRY ORDERED
Attempt Made to Free Men
Who Destroyed Clothing
With Acids.
FULL INQUIRY ORDERED

Following closely upon the appeal of
Alderman Abraham I. Shiplacoff. as
general manager of the New York
Joint Board Of the Amalgamated Cloth
Ing Workers of America, for funds
from the members of the union to
ganization arrested and accused of Sc
rfous crimes against on-union workers
and shops, remarkable demonstra-
ton of the power of the union over
witnesses summoned in such cases
occurred yesterday in Adams street
court. Brooklyn, before Magistrate
James T. O'Neil
The case before the court was that
OF Askar Rotbberg, a member Of the
cutters local, who was arrested about
three weeks ago after seven men had
walked into the premises of the North
american Clothing Company, a CO
operative shop run by former members
of the Amalgamated, in Sands street
The seven men drew pistols, according
TO the statements made at the time
by the owners and employees of the
shop, and while one of them went
around scattering nitric acid over
stacks of partly made up materials
the others held all the men in the
shop at bay. Then they fled and scat
tered in Sands street, but policemen
who ran up on hearing the yells of the
men working in the shop arrested
Rothberg. He was identified by several
workers as one Of the seven men VINO
had held up the plant and when he
was searched union card Of the
Amalgamated was found on him.
Witness Changes Front.
Converse & Driscoll of AZ West |
Inirty-fourth street. investigators en-
ployed by the clothing manufacturers
who are fighting the Amalgamated. re-
ported that the acid used in this case
was the same as had been used in other
attempts to destroy clothing in nom
union shops. a mixture OF nitric and
hydrochloric acid, extremely powerful
and destructive. They also reported tina
Rothberg was in good standing as a
member of the Amalgamated union. Fur
ther Investigation developed the fact that
several OF the witnesses to the holdup |
and the acid throwing had been ap-
preached by men claiming to be union
representatives, who had offered TO pro- |
cure these witnesses employment else
where IL they would not testify against |
Rothberg.
District Attorney Lewis, who had |
number of cases OF assault pending as
the result of the strike. and has found
prosecution almost impossible because of
the disappearance of witnesses after in |
dictments had been returned, instructed
Louis Goldstein, one of his assistants. to
push the Rothberg case vigorously.
When the case was called yesterday, |
after the policeman making the arrest
had identified Rothberg and told of the
arrest. NJ. Schwartz, one of the coopera-
tive members of the North American
Company and the complaining witness
against Rotherg. was called
Some preliminary testimony was taken |
and then Schwartz was asked to identify |
Rothberg.
II cannot say If he Is one of the |
men who came into the shop" said
Schwartz.
"what is that?" asked Mr.. Goldstein |
'I don't know If he Is one of the
men," insisted Schwartz.
But you have identified him already
to the police and also In your sworn |
complaint" insisted the prosecutor.
Perjury Charge to he Made.
Maybe was mistaken said
Schwartz. doggedly.
Magistrate O'Neil. who recalled that
Schwartz had previously identified Roth
terr o. the preliminary hearing. took a
hand. but found Schwartz determined to
insist that he could not identify the
accused man as one of those who held
mp the shop. Finding that the witness
was obdurate, the Magistrate remarked !:
II am going to lay this case over for
n week and direct you. Mr.. District At
torney. to prefer charge of perjury |
against this man. The case Is adjourned |
for n week."
Harry NJ. Markson OF Gordon. Talley |
& Gordon, counsel for the manufacturers. |
said after the case had been adjourned |
that he had positive evidence that sew |
eral attempts had been made to tamper |
with witnesses in the Rothberg case and |
that evidence to this effect would be
presented at the next hearing.
In Alderman Shlplacoffs speech at |
the Manhattan Lvceum to the shop chair |
men Of the Amalgamated July IL. asking |
slem to ria.Se drive for dues" because
OF the desperate financial condition of
the union. the Alderman said
"You would not want any of your
brothers 20 go 10 Jail for five or ten |
years wnen you know that probably |
81. 900 or $1,000 for a good lawyer and |
nected with II will probably save a man |
from five or ten year sentence"
The speech was reported stenographi- |
cally though Alderman Shiplacoff did
not know there was a stenographer |