The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-12-07
SPECIAL JURY TO
PROBE CHARGES Of
Nc NAMARA BRIBERY
Next Week This Bodv
Will be Summon
ed to Act
BARROW IN TALK
Says There Wasn't Particle of
Chance of Securing
Acquittal

Los Angeles, Calif.-lt is declared
positively that a special grand jury
will he Summoned next week, when
Chief Justice Hutton of the Superior
court, returns to the city. This
grand jury will prove the Franklin
and ether bribery charges in con
ncction with the Mcnamara case.
Ortie McManigal and both the Nc
Namaras will be taken before the
federal grand jury by Oscar Lawler.
special prosecutor for the govern
nent d.
Washington, d. C.-President
Samuel Gompers of the American
Federation of Labor says in an In
tervicw today that organized labor
will live and so forward despite the
Mcnamara case. NJ. F. Ryan, pres
idert OF the Iron Workers union,
reached here today and attended a
meeting of the Mcnamara ways and
means committee.
Los Angeles, Calif.-"From the
first there was never the slightest
chance to win" said Attorney Oar
row for the defense in a public
statement. TT those who say it
would have been better to go a trial
and suffer complete defeat, would
call attention to the fact that there
were 80 OF. 40 hotel registers-three
IN lie Angeles. many in San Fran
cisco and other parts in different
parts Of the country to be used
against US. There were scores of
witnesses to identify James B.. Nc
Namara as being present on practi-
cally the very day and at least m
III the building. There was over
whcl'ning evidence of all kinds
which no one could have surmounted
if they would.
Could Not Show .Alibi.
IL the state had put on its case
we could not Eel have put the de-
PENDANT on the stand to deny the
facts We could not prove an alibi.
We could not prove he was Tot
here. The failure to do so would
Lave been as much an admission as
i. was today. We we're confronted
with the situation OF dragging our
case perhaps for years with nothing
but the gallows at the end and no
chance to raise n doubt in a think
ing ,nind and in the meantime col
tSStIp6 AIOACS III CuOuShlAuo VI
.crsons who could not know the
facts. To so on under such circum-
stances would have been madness
would have been Il still greater evil
end the consequences greater than
they arc now.
DUTY as Lawyer.
Al Of this was thoroughly under-
.tnnI Law NIX. occ0oiofoc an6 nat nna
hcsitated about accepting it. We
acted as we thought right and best.
and will take the consequences Of the
act. ! can conceive of no way .Min
which VIC could justify ourselves and
not save the dives Of our clients. .,Qur
first duty a lawyers and men, was
to. the, lives in our charge and our
duty to the. cause called for the
SAME action. IS
From the beginning I have been
watching and working to this end.
We have accomplished it. | AIN rec
onciled to the result. For myself
personally ! have spent many years
in this cause. If l had not believed
III il. I would have abandoned 1t
when | was young and ambitious. In
some form l shall continue in it till
The end. l have fought this and all
my battles With hatred OF malice to
nc one, recognizing that in this great
drama and all this is connected with
the Ease all men OF both sides are
helpless as to themselves and acting
a part that is forced upon them by
= bitter conflict which only right
feeling between capital and labor
can eve end"
Courts Talk to Prisoners
THE court" said Judge Bordwell,
in passing sentence on John j. Nc
Namara yesterday, desires to ask
YOU one question and only one. Mr..
Mcnamara. you have stated in the
writing which the district attorney
las read that you placed 16 sticks
of dynamite known as so per cent
pure in the Times building and
caused ii to be exploded. The ques-
tion | ask you is this: Did you seek
to purchase for that anne purpose,
dynamite Of a higher degree Of per
c%entage.'
Finally he spoke: "No, your
honor: no. sir"
you did not?"
mo sir"
There is very little or no ray of
comfort. Mr.. Mcnamara" continued
Judge Bordwell. "in the assertion by
you that you did not intend to de-
stroy life. The widows and orphans
end the bereaved parents will look
upon that statement at this time
as a mockery. The circumstances
are against you in making any such
claims. A man who would put 1G
sticks of 80 per cent dynamite in a
building full of explosives do not
now refer to the explosives of which
GU may have had no knowledge
merely mean c~ombustible material, /
say, who under these circumstances
would put dynamite in that quantity
in such q building in which YOU, as
a printer. knew gas was burning in
many places and in which you knew
,here were scores of human beings
toiling, must have had no regard
whatever for the lives OF his fellow
beings. He must have been a murd-
erer at heart. /
ttVo,, u,nIl ,,or;t tho ,nnr{r,ur ~ |