The New York herald., 1921-01-25
TO Be
HAULEDTOOOURT
IN BRNDELL TRIAL
Novel Scene Will BE En-
acted To-day in Search
for Missing Books.
$4,000 FOR PROTECTION
Dock Contractor Says Payment
to Labor Car Insured More
Efficient Work.

novel scene is scheduled to be en-
acted this morning when the trial of
Robert p. Brindell, accused labor czar
is resumed before Supreme Court Jus
tice John V. McAvoy. Two safes be-
longing TO Brinden's union. the Build
ing Trades Council, are to be taken
down to the Criminal Courts Building
by trucks and there opened. either
forcbly or otherwise. to ascertain
whether they contain the missing
minutes and cash book of the union.
Arrangements for their production,
unprecedented in the local courts, were
completed yesterday when Samuel IN
termyer. chief prosecutor, recalled
/ Charles Burns, assistant secretary of
Brindel's organization. as a witness
and demanded that he comply with the
terms of a subpoena calling for the
production of the books Immediately
upon Burns's assertion that they
might be in the safes, which were
| locked and which he was unable to
open, Mr.. Untermyer asked that a.
court officer be despatched to the
unions offices at II st. Marks place
with the necessary help to force open
the safes.
While this point was being argued
Justice McAvoy turned upon the Wit
ness and asked him il. being unable
to produce the papers he would pro-
duce the safes. provided arrangements
were made for transporting them to
court. With apparent embarra ssment
he agreed to this. and Justice McAvoy
directed that the arrangements be
made. saying that II it should be found
upon production OF the safes that Burns
could have opened them he would hold
him in contempt OF court.
Do Not Know Combination.
One of the safes is large and heavy,
according to Burns, and the other is
massive steel cabinet safe for the
files OF important papers. Several Of
ficers of the council called to the wit
ness stand since the trial began have
sworn that they did not know the COM
binations of these safes. and that they
know of no one who could open them
I excepting Roswell d. TompLns, their
secretary. who disappeared last month.
Another striking feature of yester-
/ days proceedings happened IN the ex-
\ animation by Mr.. Untermyer of Hugh
I Robertson of the building firm of Todd.
4 Irons & Robertson, holders OF the con-
tracts for approximately $4,000. 600 worth
OF dock construction for the Cunard
steamship Company. who throughout
his testimony has attempted to defend
his agreement to pay Robert p. Brin-
dell $4,000 for protection against
strikes.
Cross-examined by Martin W. Little
ton, Brindells chief counsel. Mr.. Rob-
eitson accused Mr.. Untermyer of hav-
ing asked him TO change his testimony
OF Friday afternoon in which he evinced
a poor memory regarding many i'm
portant details. When Mr.. Untermyer
got back at him on redirect examiaa-
ton. however. he admitted that the
prosecutor had merely told him that
he should be more frank, honest and
truthful in his dealings with the
people
When Mr.. Untermyer asked Mr..
Robertson If any one connected with
the defence had seen him since the ad-
journuent OF court Friday, Mr.. Robert
son said that Matthew Brindell brother
Of Robert p. Brindell. who is accused
by George Backer OF having acted as
3 go-between in the handling OF bribe
money. had called upon him Sunday
with a copy OF the testimony he gave
before the Lockwood committee ana
a memorandum Under objection by
ATr. Li.tleton his testimony regarding
Matthew Brindelrs visit was cut short.
/ Mr.. Untermyer wanted TO suspend IN:
oueationing Of Robertson and to call
\ Matthew BrindeI TO the stand to de-
mand an explanation OF this visit, but
again on Mr. Littleton's objection he
was prevented from doing SO.
Charged to Cunsrd Company.
The remainder Of Mr.. Eobertson's
testimony was recitation OF oenefit'
which accrued 10 him through his
financial arrangement with Robert +.
R,.indeIl He said that In return for
his agreement to pay Brfndell SO.O0O
and his payment 10 him of a goodly
sum on account nc had received in
crea sed efficiency from the workmen
on his jobs.
In explaining why he paid the money
over in cash instead Of by check. Rob-
ertson said IL was through desire
TO avoid publicity. The payments ne
made to Brindel were charged up
against the Cunard people as "sundry
expenses" he said.
William waixel. president or the Gar
den city wrecking Company OF Long
leland CITY. was called as witness
for the prosecution and ,oid OF W.
navn,ents OF $1,000 each which he had
roaae to Brindell IN order that he might
no nernaitted TO pursue his trade With
out moleststion.
Ue also told how Brindell had forced
him 10 dispense with the services OF
tbe members OF the regular house
,vrec<ers union headed BY william
zaranl.o and TO hire members OF the
Building Trades Council, VINO were so