New-York tribune., 1921-05-17
33 I'm Builders
Combine Fined:
No Jail Terms
Justice Davis Rejects Plea
of Prosecutor for Prison
Sentences for Dealers
Who Acknowledged Guilt
$4,000 Total Assessed
Unterrnyer Called Masons'
Material Ring the Most
Flagrant Violator of Law

Despite the recommendations Of WILL
liam A. De Ford, Special Deputy Attor-
ney General, that heavy Jail sentences
be imposed on the members and cor
I porations of the Association of Deal
ers in Masons' Building Materials who
pleaded guilty to conspiracy in re-
straint of trade, the nineteen individu-
ais and fourteen corporations involved
were fined yesterday by Supreme Court
Justice Davis.
The individuals were each fined $500
; The fines of the corporations ranged
| from So 900 to $7,500-the total penalty
! imposed on the group being $4,000,
/ The indictment OF the men resulted
| from testimony taken before the Lock
wood Committee on Housing. The indi-
vidual offenses constituted q misde-
meanor, with a maximum penalty Of
one years imprisonment, with $500 fine.
/ The corporations were liable to maxi
mum fine of $4,000, having been
charged with violations Of the Donnelly
antitrust laws.
! Murphy's Friend Escapes With Fine
were John A. Mccarthy, close political
/ friend and former business associate
of Charles F. Murphy, Tammany boss,
and Wright D. Goss, the brick king"
former member of Mayor Hylan's
rent profiteering committee Another
was John A. Philbrick, one of the
/ organizers of the price-fixing combina-
| ton, who had been indicted with Nc
! Carthy on contempt charges growing
out of their refusal to answer questions
on the stand before the Lockwood COM
mittee.
( When the men were arraigned week
ago Mr.. De Ford urged the court to
impose substantial Jail sentences.
Shortly before this the Lockwood COM
mittee, in executive session, adopted a
resolution favoring prison terms for
the guilty persons. Samuel Inter
myer, chief counsel to the committee,
at the time characterized the defend
ants as "the most persistent. defiant
antitrust laws, and suggested that the
courts be asked to determine whether
the offenses complained OF were not in
fact being continued since the entry
of the formal pleas of guilty.
In sentencing the men, however, JUS
tice Davis declared he had not been
convinced that "they exercized any op-
preston or intimidation" or that
"there had been any profiteering," and
that the interests of justice could be
served by the imposition of fine. He
pointed out that "they are all men Of
excellent regulations in the commu-
nity," and that "if they had gone to
trial instead of pleading guilty, and
pat the county to the expense of time
and money which u long trial would
cause, the sentence of the court would
be quite different"
List of Those Fined
The individuals and firms fined were:
John A. Mccarthy, 243 West Seven
rieth Street; Wright ID. Goss, 46 West
Seventy-third Street; John A. Phil
brick, 375 Park Avenue; Joseph Phil
brick, Sound Beach, Conn; Alden ].
Street; Walter w. Krider, Kew Gar
dens, L. l.; Frank f. Wise, 236 West
101st Street; P. j. Heaney, 654 King
Avenue, City Island; Francis w. How
land, rs West Ninety fifth Street;
Daniel Darrow, Spuyten Duyvil; John
. P Kane, Hewletts, L. T.; William E.
Beattie, 262 Jefferson Avenue, Brook
lyn; William H. Schmohl jr., New
Brighten, S. L.; Graham Murtha, 27
East Eighty-third Street; James
Noonan, 1856 East r49th Street; Theo-
dore c. Wood, 302 West 1O2d Street;
Robert w. Main, 567 Eighth Street,
II,
n. Y, and John NJ. Kilcullen. II East
Fifty fifth Street.
John A. Mccarthy Bro, $500;
JOHN P. Kane Company, $500; EN-
pire Brick and Supply Company, Sc
! 600; Murtha e. Schmoll, $4,000; Rufus
Darrow's Son, Inc, $4,000; Standard
Supply Company, $4,000; Candec Smith
& Howard, $7,500; Noonan Building
Material Company. $4,000; Builders
Brick and Supply Company, $2,00o w.
A. Thomas Company, $4,000; John A.
phibrick & Bro, $500; Frank f. Wise
& Son, Inc, $4,000; Jova Brick Works,
$500, and Bell & Kilcullen, $4,000.
Fifteen corporations and thirty four
individuals, members of the same asso-
citation, who pleaded not guilty to
charges, are to appear in court for trial
on Thursday morning,
The Lockwood committee's hearings
will be resumed in City Hall to-mor-
row morning,