The New York herald., 1921-05-17
HEAVY FINES GIVEN
IN LOCKWOOD CASES
Murphy's Partner Mulcted in
$4,000 in Mason Builders
Supplies Prosecution.

No prison sentences were imposed by
Supreme Court Justice Vernon NJ. Davis
yesterday on the nineteen individuals
and fourteen corporations that entered
pleas OF guilty TO violations of the State
antitrust act as a result Of investiga-
ton by the Lockwood legislative COM
mittee. The committee had specifically
requested prison sentences in these and
future cases.
The heaviest sentence imposed was a
fine of $500 assessed against several
o. the corporations involved. Each In
dvidual araigned was fined 5000. The
maximum penalty in the case OF cor
porations was a fine of $4,000. and in
the case of the individuals a fine OF
$4,000 and three years Imprisonment.
In passing sentence Justice Davis an
nounced that IL the defendants had put
the county to the expense Of a trial, in
stead Of pleading guilty. the sentences
would have been quite different"
The fines imposed against the corpora
tions ranged from $4,000 10 $500. de-
pending upon the gross business and net
profit made by each concern during the
last four years. Former Supreme Court
Justice Edward E Mccall. in response
to a request of the court made last week.
presented a statement covering this data,
which, however. was not made public
All Of the defendant individuals and
corporations f,ned were members of the
Association of Dealers in Builders and
Masons Supplies. The individuals, each
of whom was fined $500. were j. NJ.
Kilcullen OF BELL & Kilkullen. Inc. John
p Kane and w. E. Beattie of the John
p. Kane CO.; Wright d. Goss and
p w. Main Of the Empire Brick and
Supply Co. Graham Murtha and w. Fl.
Schmoll of the Murtha g. Schmoll Co.
Daniel Darrow Of Rufus Darrow's Son.
Inc. Alden J. Harcourt of the Standard
Building Supply Co: John A. McCar-
thy of John A. Mccarthy Co.; Theodore
c. Wood; r. w. Rowland of Candee,
Smith Rowland James Noonan Of the
Noonan Building Material Co: Patrick
]. Heany of the Builders Brick and
Supply Co. w. w. Krider OF tho W. A.
Thomas Co. John A. Ph!lbrick and
Joseph Philbrics of John A. Philbrick &
Bro Frank Z. Wise OF Frank e. Wise
iowa Brick Works
The corporations and the fines as
sessed against them were: John A. Nc
Carthy Company. $500; John p. Kane
Co., $500; Empire Brick and Supply
Co, $500: Candee, Smith & Rowland,
S7.5O0: Murtha Schmoll Co., $4,000 !;
John A. Ph!lbrick & Bro, $500; Jova
Brick Works, $500: Rufus Dayrow'e
Son, Inc. $4,000; w. A. Thomas Co.
$4,000; Frank K. Wise & Son. Inc.
$4,000: Bell & Kilcullen. s2.5o0; Stand
ard Building Supply Co, $4,000 Noonan
Building Material Co., $4,000. and
Builders Brick and Supply Co., $4,000.
In passing sentence. Justice Davis
said:
The crime to which the defendants
have pleaded guilty Is. in my opinion.
serious one and not to be lightly regard
ed by those who have the command OF
wealth and who use 1t to form combina-
tions against the public interest The
combination formed here Is decidedly. or
was decidedly, against the public inter-
est
Il am not satisfied from the evidence
laid before me that they exercised any
oppression or intimidation, and II does
not appear from the statements sub
mitted, which ! assume are most favor
able to the defendants. that there has
been any protiteering as 1t is understood
In the present day"
Most Of the defendants went to court
well supplied with cash and paid their
fines In currency soon after Justice
Davis had pronounced sentence. John
A. Mccarthy formerly partner OF
Charles r. Murphy. gave Clerk Penney
a check for $4,000 to cover his own end
his firms fine.
In the cases of the limestone con-
tractors who recently pleaded guilty to
similar offences Supreme Court Justice
McAvoy imposed fines OF $4,000. In the
case OF the Master Plumbers Associa-
tion Justice McAvoy imposed jail sem
tences Of from ten to thirty days against
individuals pleading guilty, while John
T. Hettrick OF code OF practice" fame.
who elected to stand trial. got six
months on BlaclSwelrs Island.