The New York herald., 1921-01-27
GOT ONLY COMMISSIONS
Defence Says Clients Did
Not Protest Paying for
Needed Men.
TRUNK HAS NO EVIDENCE
Prosecution Rests Case and
Witnesses for Defence Will
Go on Stand To-day.

Martin w. Littleton opened yester-
day the defence in the trial of Robert
F. Brindell with an address picturing
Brindell as patriotic citizen who
sought out ex-servicc men and gave
them employment through his organi-
zation when other hirers of labor
turned them away.
Mr.. Littleton, outlining the defence
he proposes to enter, indicated he first
would show how the Building Trades
Council grew naturally out of the
United Board of Business Agents it
succeeded; that its position as the
source to which builders and contrac-
labor needed on their jobs was readily
accepted by them, and that they did
not consider it out of the way that
Brindell should receive commissions
for the services he rendered.
The questioning of the first witnesses
for the defence will begin this morning.
Samuel Unteimyer. who is conducting
the prosecution, rested the peoples case
in the afternoon after Harold l.. Con-
verse, chief investigator for the At
torney- Generals office, testified that
little of value was found in the two
safes taken from Brindelrs office,
which finally were opened in the morn
ing.
Move for Dismissal Denied.
The minute Mr.. Untermyer started to
question him about the contents Of the
safes Mr.. Littleton objected. asserting
that an attempt was being made to
draw an inference against his client be-
cause discriminating papers were not
found in them He asserted, too. that
Brindelrs tights under both the State
and Federal constitutions were being
violated because the opening of his
safes was compelling him TO produce,
indirectly. evidences against himself
Justice McAvoy charged the jurors tnat
they were to draw no inference against
Brlndell because certain papers might
not be in the safes. and directed the
questioning to continue Mr.. Inter
niyer settled the other objection ny
saying there was no evidence intro
duced to show tho safes were the prop
erty of the defendant
Upon the State resting its case Mr.
Littleton moved for dismissal, on the
ground that the evidence had not sup
ported the charge OF Max Aronson that
he had to give IS. 900 to Brindell. Judge
McAvoy denied this and also motions to
strike out all evidence of transactions
with others than Aronson, all evidence
regarding conversations with Pike.
Chapman and Stadmuller Brindell
aides. which did not occur in his pres
ence and were not binding on him. A
half hour recess was then taken to per-
init Mr.. Littleton to prepare his open
ing.
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Mr.. Jntermyer's prosecution was a con-
tinuation Of the line he followed several
dnys-examination OF men who swore
they had to pay tribute TO Brindell for
the settlement Of labor troubles on their
3obs. Peter r. Florence. superintendent
of construction on the Gotham National
Bank Building. Fifty-ninth street and
Columbus Circle. told how Pike told him
there was some trouble" and that Brin-
dell was the man 10 settle il. and how
John Gill, the bricklayers delegate. told
him it could be settled for $4,000,
divvied among three people"
GoIdblatt sticks to His story.
Albert Herskowitz testified he paid
Brindell s25. 900 In instalments for pre-
venting strike on the loft building he
was erecting n Seventh avenue. He said
he made the agreement at Brindells
mouse and tlNt SeOrEc l.. DrcW. snoring
contractor, was In the room at the time.
Drew was called TO the stand and an
swered questions SO evasivcly that Jus
tica McAvoy took a hand himself Drew
could not remember when he was at
Brindell's house or what the conversa-
non was exactly. lie said he busied him
self with a newspaper and tried not to
hear it.
Joseph H. Goldblatt. who testified
Tuesday that he failed to get a receipt
for $4,000 graft he paid two Brindell
lieutenants, resumed the stand when the
days session opened. and a vigorous
cross-examination by Mr.. Littleton could
not shake his tale.
Charles Hardy. Jr.. who was Gold
blatt's superintendent, testified that John
Chapman. one OF the Brindell delegates.
tcld him that the unions did as they
pleased in calling men out and that II
ne had any complaint he could go TO the
District Attorneys office. whore they
know what We are doing
Hardy testified how delegate with an
order signed by Brindell brought around
o. man presenting o sl.100 plumbing bill.
Goidblatt. though there was 10 evidence
Tho work had been done. offered $500.
whcreupon the delegate said IL would
take $4,000 90 settle the matter. as the
delegates and business agents had TO he
paid