The New York herald., 1921-02-03
BRMDELL VICTIM
OF SUSPICION ONLY,
ASSERTS DEFENCE
LittletOn Contends No Evi-
dence Shows ExtortiOn
by Labor Car.
ARONSON is ATTACKED
Publicity by Lockwood
Committee Said to Injure
Nan on Trial.
WHY HE DIDN'T TESTIFY
Jury Likely to Get Case To-day
After Mr.. Untermyer
Sums Up.
ARONSON is ATTACKED
WHY HE DIDN'T TESTIFY

The trial of Robert p. Brindel. head
of the Building Trades Council. on an
indictment charging the eXtortion OF
$1,000 from Max Aronson, garment
manufacturer, In connection with the
erection OF a building for Aronson, is
after Samuel Untermyer, chief counsel
for the prosecution, sums up and
Justice McAvoy in the Supreme Court,
charges the jury.
MIR. Untermyer questioned the last
of his witnesses in rebuttal yesterday
morning, and listened for time to the
summation by Martin w Iittleton,
counsel for Brindell. Justice McAvoy
excused Mr.. Untermyer after the
morning session, so that he might
consult physician regarding an asth-
matte affection and be in good trim for
the task of this morning.
The prosecutor first sought to have
John A. Leach. First Deputy Police
Commissioner testify that the dismissal
from the police force of Patrolnan Ste
phen Birmingham was not because lie
was called as a witness in the case of
Brsndell. for whom he acted as body
guard and dues collector. Mr. Little
toms objection TO such testimony was
sustained
Mr. Untermyer called Hugh Frayne.
general organizer for the American Fed
Grafton Of Labor 10 disprove the testi-
mony Of John Ryan, labor delegate.
regarding a conversation he had with
Mr.. Frayne. Ryan had testified that the
talk was in 1920; Frayne declared 1t
took place in 1912. He called William
Zaranko. head of the housewrecking
union. rival to Brindeil's, to state how
many men are ir his union, but on Mr..
Littleton's objection the witness was not
permitted to tell.
To spike the story of Vladimir F'ancke
that ZaranlSos union wanted TO join the
l. w. w. Mr.. Untermyer called Peter
Shepetauis member of the Zaranko
executive board. He told of meeting
on March 90. 1920, and said no move
was made by the board toward such an
affilia ton. The last witness was Charles
w. Burnes. assistant secretary OF the
Building Trades Council. Mr.. INTER
myer wanted TO find out why all "griev-
ance slips" except ones of September
q and 80. which were used TO bolster
the Brindell alibi. we're missing. The
witness could not answer and was eX-
cused.
Mr. Littleton then moved the case be
taken from the jury on the grounds OF
n sufficient evidence. This request was
denied and after a short recess he began
his summing UP.
The lawyer for the defence declared
the prosecution had "cavorted and
frivoled" with the case and had sought
TO convict Brindell on suspicion rather
than evidence. The suspicion was Gre
ated by the testimony broadcast by
the Lockwood committee. he alleged. and
then no opportunity was lost during this
trial to inject into the testimony reflec-
tons on Brindel that had nothing to do
with the alleged extortion in question.
Mr.. Littletou attacked the character
al many OF these witnesses and said tho
testimony OF Aaronson himself was
vague with regard to the actual pay
rnent of the alleged eXtortlon. although
he could remember clearly about other
visits 10 the Brndell offices.