Two of the 81 defendants now on trial for alleged conspiracy to conduct a monopoly in the $50,000,000 live poultry industry in Greater New York were released Thursday by order of Judge John C. Knox, sitting in the U. S. District Court, who ordered the jury to bring in a verdict of not guilty. The released men are Mendel Gordan and Charles Schonzeit of Brooklyn.
Adjournment was taken until Monday morning when the defense will open. Attorneys for the seventy-nine remaining defendants are expected to move for dismissal of the indictments.
Counsel for John Conlin, a union delegate, moved for the dismissal of charges against his client Thursday on the ground he had not been identified. Judge Knox denied the motion, saying it was up to the jury for decision.
William Simon, who pleaded guilty, was the Government’s chief witness. He testified Benjamin Simon, supervisor of the Live Poultry Chamber of Commerce, collected $2,000 a week from dealers in the city. The witness said the supervisor told him the money was to be spent to fight the unions and erect terminals.
Howard L. Winkel, formerly a director of the chamber, said he saw the supervisor receive $1,000 at two different times. Charles Brand, investigator for the Government, stated a dealer told him the money was collected to pay gangsters to enforce the chamber’s rules.
I. Jones Parker, an accountant, formerly of the Department of Justice, identified a little black memorandum book, asserted to contain the disbursements and receipts in the conspiracy, through Louis Weidberg. Parker stated the book showed disbursements of $67,299.70 and receipts of $67,960.14 for twenty-five weeks beginning March 9, 1928. The prosecution contends this money was used for the illegal regulation of trade.
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