New-York tribune., 1921-01-19
|Bl,i1ldell Books
t And Secretary
Reported Gone
Records of Building Trades
Council May Be Locked in
Safe for Which Missing
. Official Has the Only Key
Change Of Venue Denied
,CzarLoses OH Appeal;
Court RebukesCOunsel for
Staging Comedy in Court

DUCKS r6Hu paPSfS Oi Tue DuliulIiS
Trades Council. together with Roswell
d. Tompkins, the secretary, have dis
appeared, according to testimony given
before Justice John V. McAvoy in the
criminal branch of the Supreme Court
yesterday in the trial of Robert P.
Brindell, president Of the council, on
charges that he used the union to ex-
tort money from contractors.
1t also was announced in Albany that
Brindell's plea for a change of venue
had been denied by the Court of Ap-
peals. Martin w. Littleton. counsel for
5Brindell, had made the plea on the
ground that public opinion in New
York, aroused by the disclosures of
the Lockwood committee was so
prejudiced that the defendant could
ton sought to obtain a writ staying
the proceedings before Justice McAvoy.
The decision of the Court of Appeals
removes the possibility of holding the
trial elsewhere.
Missing Since December 29
Witnesses yesterday testified that
in Brindell's trial, has not been seen
since December 20 and that the rec
ords OF the council, showing Brin-
dell's receipts, are either locked up in
safe at the councils headquarters.
II st. Marks Place, for which the key
cannot be found. or are in Tompkinss
possession. George Tompkins, son,
and Mrs. Ruth Regan, a daughter of
Tompkins, declared they could give no
information of the whereabouts of
their father.
Charles Burns, assistant secretary,
and Patrick crowley, vice-pl esident of
the council, were questioned by Sam
uel Untermyer, counsel for the prose-
cution, concerning papers showing
that they never had been in possession
Of the documents, which might have
been taken by Tompkins or might be in
the councils safe.
In the inquiry concerning the papers
and Tompkins it was developed through
Testimony given by Joseph Russo. de-
tective sergeant attached to the Dis
trict Attorneys office, that warrant
had been issued for the arrest Of
Richard Pike, delegate from the
hoisting engineers union to Brindell's
organization, who has been mentioned
as the defendants walking delegate in
the handling of strikes called against
contractors.
Russo said he had been searching
for Pike since December and had
been unable to find him. Justice Nc
further evidence concerning Pixies alb
sence, as it had been sufficiently shown
that he was out of the jurisdiction of
the court.
Comedy introduced in the trial in
verbal disputes between Mr.. Inter
myer and Mr.. Littleton aroused TIE
ire Of Justice McAvoy. When Jacob
Fradus, contractor, was on the stand,
Mr. Littleton accused him of using
disguise" because he indicated he was
unable to understand questions. Fradus
had testified that although he had made
contracts for hundreds of thousands
IF dollars worth Of excav" tion he was
unable to read or write English.
Calls Halt en- Comedy
sI suggest that we rave had enough
of this Weber ard Fields comedy" de-
clared Mr.. Littleton.
Mr. Untermyer objected. 81 submit
that there is more Weber and Fields
on that side than on this side." he
said.
Justice McAvoy notified the lawyers
that he would not tolerate the re-
marks. "Althoush they may amusc
the court loungers, they are serious
to the court" lie said. 'If the coun
sci continue these remarks each offense
will be n ted and at the conclusion of
tAe trial the co rt viii call hoth co"n-
sci to account for the specific offense
of each one Of these itn.arKs. / nave
heard enough of tAem."
Frndus. who hid testified before tie
Lockwood committee and before the
grand jury which indicted Drlndell,
repeated much Of his previous testi-
IT, do ~
to do. S275000 worth of excavation
for twenty three story building at
Twcuty-sixth Street and Seventh Ave
nue., when Brindel last April called a
strike and demanded money to permit
the men to return. He said he called
on Brindell at the St. Marks Place
office of the Building Trades Coun-
Gil.
"He told me was making p'epty Of
money and ought to be willing to pay
him something" said Fradus. "de said
ganization and he wanted some money
from me. / ought to pay him $4,000,
he said. l could not pay the money.
The result was that / lost the contract
and, not being able to get other jobs
on acc sunt of Brindell, | finally lost
all had"
Mr.. Littleton tried to show that be-
|rore the Lockwood committee Fradus
had said Brindell demanded only s25,-
coo for permit ng the men to return
to work. Fradus insisted that $4,000
was the amount asked. He added that
he attempted to obtain the contract
for excavating for the new Stock Ex-
change annex at Wall and Broad
streets, but was unable to obtain an
80. K" from the defendant.
William Zaranko. president of The
House Wreckers' Uri5n, testified con-
cerning an opposition union which was
fivan pre- erence by Brinlell's council