The evening world., 1921-01-18
His Counsel in Examining
Hugh Frayne Seeks to JUS
tify its Obligation.
TRIAL TO GO RIGHT ON.
Court of Appeals Rules There
is No Appeal From Decision
On Venue.

American Federation Of Labor undei
cross questioning by Martin w. Lit.
deton in the trial Of Robert p. Brn.
dell charged with using his authority
over labor as President OF the Build
Ing Trades Council to extort $4,000
from Max ArOnson a garment manu-
facturer.
A telegram from Albany this after.
noon said that the Court Of Appeals
to-day decided that Brindeu mus,
stand his trial in New York CITY
~ the same time the highest cour,
refused a stay Of the trial. which
went along pending te determination
OF the appeal for n change of venue
The Appellate Division OF the Fsrr,
Department dismissed the application
OF Brindcll for a change Of venue and
then Mr.. Littlcton. his counsel, asked
ohe Court OF Appeals, pending tho
latteTs action on the appeal. for n
stay Of trial. The highest court de-
c'ded that there was no appeal from
the decision Of the Appellate Division
on the change OF venue
Under the rulings OF Justice Nc
AVoy. Samuel Untermyer, special
Prosecutor. has received authority to
Introduce much evidence which does
not directly concern Aronson or the
money Which he says Brindeii took
from him Witnesses have been al
lowed to tell Of Aronson's excitement
and desire for advice from his as
sociates at a time Immediately after
he went to Brindelrs once to and
out why his blillding wus stopped.
Witnesses have been allowed TO tell
Of the domlneering manner in which
Brinden had treated Aronson once
before when Aronson asked perrals-
sion to employ competent house,
wreclers from the Zaranke union In
stead Of Brinden's inexperienced
wild men"
Mr.. Frayne told Mr.. Littleton on
the stand to-day that It was tho gen.
eral policy OF the American Fedora
tton of Labor to consolidate unions in
allied industrieS--as, for instance, the
marble settlers with the bric1Iiayers,
the carpenters with the dock builders
and the house wreckerB with the hod
carriers. This was because such con-
solidations got rid OF "jurlsdlctionAl
disputes regarding overlapping ac-
tiVities.
A report OF the convention of Build
Ing Trades OF the A. +. OF L. at Mon
treal last summer was introduced TO
show the convention formally rocog-
nized the New York Building Tired
Council and its working methods.
do you remember that the Ear
anko House Wreokers' Union (opposed
to Brindeil's) on May l. 1920. Joined
in the celebration OF a general revo-
lutionary movement?' asked Mr.. Lit
Teton, referring 10 May Day
a. w. W. parade of year do
YOU remember that at about that
time they separated from the piArent
unionT
+ Mr.. Untermeyer objected to any
effort TO exploit the radical ten
dencies Of the Zaranko house wreck
ers and Mr.. Frayne was not allowed
TO answer.
Mr. Untemyer undertook to show
that the Building Trades Council had
never submitted its constitution and
bylaws to the A. +. Of L. for ap-
prevail There was a long contrO-
versy over permitting Mr.. Frayne 10
say whether the constitution Of the
Building Trades Council was not con-
trary to the spirit and fundamental
law OF the A. f. OF l. Mr.. Frayne
was finally permitted TO say It was
unusual"
With rcspeCt TO the three year
term Of Office OF the delegates p
asked Mr.. Littleton.
Yes" said Mr. Frayne.
And then the body granting q
charter to the Building Trades Council
discussed that provision IN a conyen.
ton and approved it?" asked Mr.. Lat.
Teton.
YES" said Mr. Frayne
Charles Burns OF No. 26lS Wood.
bino Street, Ridgewood. assistant sec,
rotary, formerly in charge OF tn,
Brooklyn Office OF the Building Trades
Council, was called. He has been a
0vory meeting of the council Tues
day evenings at ST. Marks Place. II,
came 10 New York Dec. 20 in plac
Of Secretary TOmpkins, who. accord
ing TO Mr., Unte1nyer has gone awal
from here 20 some place where sub
poena servers cannot find him.
q. Where is Mr.. Tomplcins? A. II,
may be home sick
Q. Who told you that? Al dom
| remember.
q. You haven't seen him since h
asked you 10 take his place? A. No
o. Been 10 his home? A. No.
.. Telephoned him since Dec, 90
A. No.