New-York tribune., 1921-01-07
Court Rebukes
Litt1etOn in
Brindell Plea
Appellate Division Head
Defends Jury System
When Lawyer Says Bank
ers Would Be Prcjudiced'
decision Promised To-day
Counsel Interrupted Often
in His Argument for
a Change of Venue

Martin ". Littleton, counsel for Rob
ert P. Brindell, indicted labor leader
was abruptly halted and cautioned by
Justice John Proctor Clarke, presiding
justice of the Appellate Division, yes
terday while arguing the appeal for a
change of venue on behalf of his cl ent
The caution was administered after
Mr.. Littleton had been closely quizzed
by other members of the Appellate
Court bench and at the moment when
he had declared that a jury drawn from
the special panels obtained from
among bankers, prosperous business
men, would be prejddiced against his
client.
81 stop you on the threshold of that
statement" declared Justice Clarke,
breaking into the argument. "for when
you protest against judicial procedure
the court knows to be conducted the
interests of absolute fairness and with
out favoritism the court should express
itself definitely"
Decision Promised To-day
The entire hearing was marked by
frequent Interruptions and caustic
questions from the bench. At its con-
clusion Justice Clarke promised coun-
sci definitely that decision would be
handed down some time to-day, so that
the trial of the indicted labor leader
could proceed without further delay.
While this action was proceeding in
the Appellate Division, Justice McAvoy,
in the criminal branch of the Supreme
Court, refused to dismiss the indict-
ments against Milton Schnaier, mil
lionaire plumber, and Morris Jarcho,
another plumber, who are charged with
violation of the Donnelly antitrust
laws as q result of the Lockwood COM
mittee's investigation of the housing
situation. Milton Meyer, counsel for
the two men, argued that his clients
having testified before the Lockwood
committee had gained immunity from
indictment. Justice McAvoy decided
that the Lockwood committee cannot be
construed as coming within the terms
Of the law which autom tically gives
witnesses immunity from prosecution.
William Rand and lsadore j. Kresel.
the newly appointed special assistants
to the Attorney General of the United
States, issued a statement yesterday
announcing that they had accepted the
appointment. The scope of their au-
thority is declared to be nationwide
During Mr.. Littleton's argument on
the change OF venue he submitted
numerous newspaper clippings and car
toons and declared the people of this
city were thinking at fever heat. Al
this point Justice Walter Lloyd Smith,
one of the upstate members of the
court, interposed by asking whether
there was any place in the state where
the people have not carefully read the
reported sessions of the Lockwood
committee.
Littleton Questioned
After Mr.. Littleton had answered by
saying the further away from New
York one got less people would be in
huenced, Justice Smith said:
II don't know about that. In out
of-town districts the papers are often
more carefully read than in the city
and they are passed around to every
body"
After being halted by the presiding
justice, Mr. Littleton declared that
persons in sympathy with trade union
ism we're hardly likely to have any
part in a special panel of jurors. At
this moment Justice Victor J. Dow
ling broke in and said:
"I should think that if a man i.
accused Of an act inimical to or
ganzed labor he might fare better
through having jury composed Of
persons other than labor representa-
tives"
Samuel Untermyer, chief counsel for
the Lockwood committee, appeared on
behalf Of the people. He stood on the
arguments he had previously made be-
fore Justice Burr, who refused q
change Of venue