Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-12-02

court room since october II. when
the trials were begun and the case of
the MeNamaras was severed. When
he entered. it was generally realized
that the case had reached a climax
He took his seat behind his brother
and awaited developments. Between
two deputies he sat chewing gum and
smiling. once he turned a flushed
face toward the crowd and observed
it In silence.
The bailiff raped louder than
usual when Judge Walter Bordwell
mounted the bench. Instant silence
followed.
The People versus McNamara," re
Narked the court. and Attorney Le-
Conpte Davis of the defense arose.
Your honor" he declared. the de-
fendant is in court. In this case, Peo-
pie versus Mcnamara, that is now on
trial. may 1t please the court after \
long consideration of the matter and
final consultation between counsel for
the defendant, we have concluded 10
withdraw the plea of not guilty and
have The defendant enter in this ease
a plea OF guilty; and the like course
we intend to pursue with reference to
j. j. Mcnamara in the case of the
People AGAINST nin, wherein he is
charged with having destroyed the
Llewellyn Iron Works. or with hav-
ing placed dynamite at the Llewellyn
Iron Works. We have sent fer him
and he probably will be here
Mr.. Darrow-"He is here now"
Mr.. Fredericks-"M Clerk, win
YOU let me have the papers in this
case? Mr.. Clerk, this is case No 69S9,
is 1t note"
The Clerk--"The case at bar yes,
sir"
Mr. Fredericks--"M j. b, Nc
Namara, will you stand up, please ?"
The defendant arose.
Mr.. Fredericks-"Mr j. B. Me
Namara, YOU have heretofore been
arraigned on this Indictment, No.
69S9, and have entered your plea
thereto OF not guilty DO you now
wish to withdraw thut plea OF not
guilty?"
The Defendant--"Yes, sir"
Mr.. Fredericks- THE prisoner
answers YES. j. p. MtsNamara. YOU
have heretofore been arraigned on
this indictment as stated before and
you have withdrawn your plea of not
guilty heretofore entered. Do you
wish not to plead at this time?'
Mr. Davis this time, yes sir.
Mr.. Fredericks-" this indict-
ment, No. 6939. charging YOU with the
crime of murder, do you plead guilty
or not gullty?"
The Defendant-"G Guilty"
Mr.. Guilty, your hon
or. Do the court and counsel for the
defense wish to take up the other
case?"
The Court will dispose of this
matter and fix the time for sentence.
What is the number of the section of
the code with respect to sentence"
Mr. Ford--"l19l Of the penal
code"
Mr. Fredericks-"The court can
make the same order with regard to
the other case, If you wish to proceed
with 1t at this time
The Court will make the order
in this case and then | will take up
the other. The court appoints the
time for pronounclng Judgment in the
case at 10 o'clock on Tuesday morn
ing, the nth day of December, 1911"
Mr., Fredercksr-"L me have the
papers in the other case. j. j. Me-
Namara will you stand up, please p
The defendant, j. J. Mcnamara,
arose.
Mr.. Fredericks-"J. j. Mcnamara,
you have heretofore been arraigned
on indictment No. 6955 in which you
are charged with the crime of ex-
ploding or attempting to explode
dynamite, nitro -glycerine, etc, under
the buildings or near the buildings
adjacent to the Llewellyn Iron Works.
You have been arralgned on that in
1ictment and entered your plea Of not
guilty. Do you wish to withdraw that
plea of not guilty?"
The Defendant do"
Mr.. Fredericks--"D you wish now
at this time to plead to the indict-
ment?'
The Defendant-'I do
Mr.. Fredericks-"M j. j. Nc
Namara has heretofore been arraign-
ed on indictment No. 1855, This is
the time agreed upon for you to plead
to the same. do you want to plead
guilty or not guilty?"
The Guilty
Mr.. redericks--"Gulty, your hon
or
The court--'Well, | will appoint
the time for pronounelng the juds-
ment In this case as 10 o'clock a. m.
December s, 1911, which is next
Tuesday"
There was a rush for the enclosure
where the attorneys sat when court
adjourned A group flocked around
District Attorney Fredericks to con-
gratulate him on the way he had
worked up his case. He smiled in re-
a smile of exultation, but
relief
II don't want a pound Of flesh, " he
explained. Il look at this from two
view points. As a lawyer ! wanted
these men to plead guilty because
they were guilty. because the evidence
we had gathered showed them guilty
beyond any doubt. But as man, |
want to say that II ! can recommend
u less severe punishment than death.
or be merciful In any way, and al the
sanc time rid union labor Of It's de-
sire to use violence TO obtain its ends,
| went to do that thing
Around Attorney Clarence :. Dar-
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