The labor journal. [volume] (Everett, Wash.) 1909-1976, 1911-07-14
Darr0W and Associate Counsel
Put States Attorneys on the Rack
Direct Charge of Perjury Is Made Against Attorney
Ford in Connection With Extraditon of McNam-
aras From Indiana-Defense Moves To Set Aside
Indictments, Attacking Their Legality

easily in his chair when he laid par
Burns and w. j. Ford entered into a
wicked and illegal combination and con
spiracy which had for its purpose the
seizure and illegal eXtradition of this
defendant from his home in Indiana"
Scott made the most of the reading
when he reached the point where the
plea stated that "at the time the district
attorney signed the certificate by him
addressed to the governor of California,
he well knew that the certificate was
| founded and must depend for its eff
fectiveness upon the false recitals there
in contained and particularly upon the
| false statement of his assistant and sub
ordinate wherein he certified that the
fugitive is now under arrest in Indiana.
| The defense clearly set forth the il
legality and irregularity of extraditing
man charged with a comparatively
small offense of conspiring to create an
explosion at the Llewlellyn Iron works
and then after kidnapping the victim
they proceeded to indict him on twenty
zone charges of murder in connection with
the Times explosion.
The whole detail of the indianapolis
farce was aired in the plea and it brought
to the minds of the hearers a vivid story
of the wild scramble to get Mcnamara
out of the state without allowing him
his constitutional right of "a day in
court
Thirty-five reasons were cited in the
motion to quash the indictments in the
case of j. b. Mcnamara. Among them
it was shown that the grand jury did
not follow the procedure prescribed by
the California penal code. A strong rea-
son advanced was the bias and prejudice
on the part of several of the grand jur-
ors who returned the indictment.
Among those thus challenged are Wier
Frasier Carr and Matthews. Matthews
was particularly Objectionable to the de-
fense. While acting as president of the
chamber of commerce at Covina he
called meeting at which resolutions
relative to the Times disaster and bitter
toward union labor were passed, 1t was
shown that Matthews was for long
time in the employ of Otis and it is be
lieved he was still in the services of the
Times when the fire occurred. 1t was
further shown that Matthews and sew
eral other grand jurors We're the guests
of Otis at his ranch during the time thu
grand jury was in session.
i Other grand jurors were shown to b.
bitterly opposed to union labor men an'
that their hatred has lasted for severa
years; that many of these men had pub
licly expressed their opinions in tn
matter before the selection of the labo
haters to the grand jury.
The action of Earl Rogers, the motor
ious NJ. & NJ. attorney before the gran,
jury also was made the grounds fo
quashing the indictments The defens
set forth that Rogers went before tn
grand jury without proper authority an,
both represented the district attorney
! office and testified as witness. The,
also show that he gave illegal hearsa,
and secondary evidence and that a
prosecutor he disputed and wrangle
with the witnesses, accused several Q
lying and abused and mtimidated then