The Detroit times., 1911-11-03
M'NAMARA CASE HINGES
ON INDIANA EVIDENCE
Prosecution Must Obtain 1t If 1t
Hopes To Make Out Case
Against Accused Men.

LOS ANGELES. Cal, Nov. 3.-Un-
less the state secures possession OF
the entire alleged evidence seized In
the raid on the headquarters OF the
Iron Workers union at Indianapolis
the case here against the Mcnamara
brothers will be greately weakened.
II leaked out today that during the
past AZ hours a series OF kilograms
has been exchanged between District
Attorney Fredricks and his repre-
sentatives in Indianapolis, urging
them TO do everything possible TO get
this evidence. This is due to the
fact that there are now in the jury
box here eight men who absolutely
declare they cannot convict on cir
cumstantial evidence alone. Detec-
tives also report that this belief Is
entertained by majority OF the men
liable for jury duty in this county.
Fredricks has planned to place Or
tie McManigal on the stand, and de-
clared his testimony would be direct,
although McManigal admits his
knowledge of James B. McNamara's s
movements is entirely hearsay.
Therefore, ii is certain that this part
cannot be admitted.
In order to support 1t, Fredricks
discovered that he must have the
bank books, etc, from Indianapolis.
Attorney Darrow expects this evi
dence will be brought here and used
against his client, and Is preparing
for it, He insisted today that even
if il comes, much of II cannot be
used unless Detective Burns person
ally takes the stand. II he does, Dar'
row anticipates lively time with the
famous detective.
When court reconvened today 10
men were in the box passed for cause.
Another, Byron Lusk an aged manu-
facturer, had been passed by the de-
fense, and was being questioned by
the state. There are only two men
left in the third panel. so Judge
Bordwell had a fourth panel drawn
this morning to report as soon as
served
With the box practically filed both
sides have about agreed on who shall
fall before the peremptory chal-
lenges. Ii Is almost certain not more
than two men will survive and both
sides are still investigating them.
They are T. F. Green, capitalist and
rancher, progressive Republican, and
the original LaFollette booster in
this section, and Seborn b. Manning,
bachelor farmer, 62 years old, who
is an old-school Democrats without
any oIinion whatever on labor unions.
His health, however, is bad and pos
sibly, even IL mot remoysd by per-
emptories. he will be eliminated on
Doctors certifate before the trial
actually commences.
So far the state has had the worst
of the selections, there being four
men in the box they probably will
have to challenge. These men, Sam
f. Mendenall, wealthy farmer who
bitterly opposed Fredricks: Frank
Frakes, farmer, and Robert Balm, re-
tired carpenter and Grand Army man
who both incline TO the gas theory
and favor unions; NJ. ID. McNeeley,
retired tailor, who organized the first
tailors' union in this city, and man
aged its first big strike here, but who
insisted he had no opinion in the Nc
Namara case.
The defense will use not fewer than
four of their peremptory challenges
on A. c. Winter butcher, strike
breaker, and admitted foe OF labor
unions; George w. Johnson, who says
all union men are 'tramps and bums;'
Walter n. Framtpon, wealthy farm
er, who says Mcnamara undoubtedly
is guilty but would acquit him ii
proved innocent and George w. Nc
Kee, who is satisfied that dynamite
destroyed the Times, but has no ac-
tual opinion of McNamara's guilt.
Darrow is being deluged with
anonymous letters threatening him,
and saying the Moss" Enright con-
viction in Chicago, is just the begin
ming of countrywide movement to
destroy unions and then put the-l lead
ers in Jail.
Darrow says they would be laugh
able were il not that he is unable to
tell whether the writer's are men
likely to be summoned for jury duty.
He has detectives investigating this
matter