New-York tribune., 1921-02-03
ll,falny Heaped
Upon Brirldell,
Says Littleton
Tells Jury i'm Summing Up
Case for Defense That
Prosecution Used Unfair
Tactics in the Trial
Bitterly Assails Press
Untermyer Will Present His
Argument This Morning;
Verdict Likely by Night

nooert L. Brindell. the labor leader,
on trial before Supreme Court Justice
McAvoy for extortion, summed up his
case for the defense yesterday. Samuel
sUntermyer, Special State Prosecutor,
VIII sum up this morning, and the case.
! following the judges charge, will 20
TO the jury this afternoon
MIR. sLittleton made an impassioned
plea Tor justice for Brindell. He re-
stefred time and again to the fact that
the jury was to consider only the
single case of extortion contained In
the indictment. He insisted that
neither organized labor nor the open-
snop were on. trial, and that all the
told by witnesses on the stand were
merely introduced by the prosecution
TO prejudice the jury's mind and heap
up infamy."
Denounces Newspapers
He referred to the "inaoualitv of
the contest" in connection with the
widespread publicity given the Lock-
wood committees proceedings in 50
tar as they touched on Brindell. and
denounced RS unfair" the "false in
uendo and scurrilous sneers of the
slmperlng, giggling, Sinking, gurgling
ana hp-curiing prosecution" He de-
nonnces the newspapers generally, de-
scr'ning their display of the operations
81 81 BrlndeH as told by witnesses as
heieer-skselter, peli-mell, slam-pang
and rag-bag'' work. "Thank God" he
remarked, "that the courts have sur
vived this tidal wave Of ink"
All through his summation he hit off
the various witnesses who appeared for
the prosecution with biting characteri-
zatlons Hugh Frayne. organizer for
the American Federation of Labor, he
calied "a little fat piece Of bric-a -brac."
samuel A. Berger. Deputy Attorney
myer in the prosecution, he referred to
as the stern-faced Berger" Jacob
Fradus, contractor, he characterized
as chat inefable little splenatic Fra
dus, and Max Aronson, on the basis
OF whose story the present charges
were. made, he called "a craft, cunning
boy" Joseph Goldblatt's story Of ex-
tortion. he said. was "cute."
Mr.. Littleton began his summing up
with an outline of the organization Of
the Building Trades Council, Of which
Brindell was the head. The story Of
its creation as developed by witnesses
Tor the defense, he claimed, refuted
the contention of the prosecution that
1t was originated by Brindell as an in
strnment for extortion.
Answering the eternal air OF preju-
dice and suspicion that has been spit
out upon this case by the prosecution"
he said, II claim that every laboring
man knew that the Building Trades
Council was created to enable him to
make a better bargain with his en-
ployers. 1t is true that Brindell was
leader and big factor in it, but since
when has leadership become crime
and influence token of degradation
Discusses Aronson Case
He then took up the Zaranko union
controversy and came down to the Max
Aronson case, which forms the basis Of
the present charges. He read the in
dictment, accusing Brindell of extort-
ing $4,000 from Aronson on September
20 last for calling off strike on an
Street. west of Seventh Avenue. "This
is the only charge you will have to con.
sider," he said. Gall other stories Of
so-called tribute told by witnesses
! must be disregarded. They were mere
ly introduced by the prosecution to
prejudice your minds and heap up
infamy."
did the prosecutor fear" he said to
the jury, "that you would say that it
wasn't at all likely that Brindell would
turn Aronson away in May and on Sep
when the Investigating forces were de-
scendlng upon the city? Remember
this, the counsel for the people, instead
of sticking to the Aronson case, has
frantically tried to create feeling of
prejudice against the accused"
Mr.. Littleton pointed out that Aron-
son said on the witness stand that he
knew it was crime to pay bribe and
that he might have been attempting
ito pull himself out of such charge
and thus pull Brindell in"
Against Aronson he placed the alibi
stories of David Danahy, the walking
delegate of the Marble Cutters union,
and Stephen Birminghom, the dismissed
policeman, who testified they were in
BHndell's Office when Aronson had his
conversation with Brindell and that
they sheard no mention of money dur
ing the interview.
Against the other stories Of extor-
tion he placed the testimony of Hugh
son, who declared that he paid Brindell
$4,000 on promise of $4,000 for this
help in settling labor matters for the
firm" He said it might have been true
that Brindell sold his influence, but that
this was not a crime charged in the
indictment. Robertson did not say, he
emphasized, that the money was ex-
torted from nlm.
BrindelPs Hands Tied
He concluded by explaining that
RrindelI did not take the stand "be-
cause his hands were tied with In
tegrity."
Before Mr.. Littleton began his sum
ming up, Mr.. Untermyer placed few
witnesses on the stand in rebuttal.
These included Deputy Police Commits
sioner John A. Leach, Hugh Frayne,
William Zaranko, Of the Housewreck-
ers' Union; Peter Shepetuka, Of the
executive board of the same union, and
Charles Burns, acting secretary Of the
Building Trades Council. Because of
the objections of Littleton, Commits
sioner Leach was not permitted to tes-
tify If Birmingham was discharged
from the police force before Danahy
took the stand
Frayne testified that he had not had
conference with John Ryan since
1912. Ryan is said to have organized
the housewreckers' anion for the
Building Trades Council in opposition
to the Zaranko union.
Contractor Says Labor
Forced Him Into Ring