The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1911-12-02

!
The thing was known to q good man!
people, and we concluded that the tim,
to act had come"
| Asked whether the arrest of Bert Fl
Franklin on a charge of bribery haC
anything to do with the final decision
barrow emphatically said: mo"
ave began our negotiations nearl!
two weeks ago." he said. "HOw coult
this thing, which came up only THU
nothing to do with the matter Mt all
We entered the plea of guilty because
there was nothing else to do"
SeIf-preservation the Motive.
The plea Of James B. Mcnamara was
made to save his brother. The plea OF
John ]. Mcnamara was made in order
that the sentence of Jim might be
| Iightened.
Since October II the trial of James B
Mcnamara on the charge of numbering
| Charles ]. Haggerty has been under way
! in Judge Walter Bordwell's court, in the
! Hall OF Records, which also was the
mark for a dynamiter's attempt. Fight
ing stubbornly, the attorneys arrayed on
I each side have contested inch by inch as
the case dragged on. 1t has been won by
| the prosecution before even a jury has
| been selected.
Admitting the case Of their client was
dead open and Shut that the fight was
| hopeless, and that they were helpless.
| the attorneys for the defense began two
weeks ago negotiations with District At
torney John D. Fredericks and his STAFF
| looking toward the ending of the case, as
| ii was ended to-day.
Yesterday an hour before the McNa-
mara brothers sat down to the special
Thanksgiving dinner that had been spread
I e a.
at the county jail, attorneys for the de-
Tense visited them and told them OF the
moves that had been made. The men
consented to enter pleas of guilty. Once
the negotiations almost ended. 1t was
when James B. Mcnamara, the younger
of the men, slender, pale, and delicate
looking. refused to plead guilty unless
the plea of not guilty entered by his
brother was allowed to stand.
James B. Mcnamara calls his brother
Joe.
Show BrotherIy Love.
IT won't put Joe in danger" he said.
Il won't do anything that might cause
him to go behind the bars. He can't plead
guilty. He does not need to. guess
can take my medicine"
Attorney Joseph Scott, who was talking
with him, tried to convince him Of the
folly OF his stand.
How would you look as a figure on
the scaffold?' Scott remarked.
I'd look pretty well as the central
figure" replied Jim doggedly.
It was some time before the attorneys
could persuade James B. that It would be
impossible for him to plead guilty unless
John J. pleaded guilty also. They ex-
planned, however, that the elder brother
could plead guilty to the minor charge,
and that this in all probability would
mean that John ]. would escape with a
very light sentence.
Then came Johns turn to display the
affection which he has for his younger
brother. He asserted that he would not
consent. even If it were possible, to allow
Jim to confess unless he also could plead
guilty. He said he felt sure that II he
confessed, the court would deal more
leniently with the younger man.
Lawyers Admire Courage.
When the hour for the decision by the
McNamaras came it was James B. Nc
Namara, though physically weaker than
his brother who is called ''lion-hearted
and a leader of men," who proved him
self the hero.
1T was the greatest exhibition Of
brotherly love 1 have ever SEEN" said
Joseph Scott, of counsel for the defense.
James B. said he was willing to plead
guilty. Then John ]. said that he wSuId
plead guilty. and hope in that manner
to save his brother from the gallows.
God! 1t was the greatest thing I have
seen or heard of in all my experience.
Here are two brothers pitting their
wills against each other to save the life
of the other, or at least to mediate the
punishment. Here was James B., the
physically weaker man, whom some have
said had a yellow streak, who really
came TO the front and showed the stuff
he was made Of
At the conference at the jail were At
torneys Darrow, Scott, and Davis.
II am willing to plead guilty" said
James B. Mcnamara ct am willing to
do anything to save you, Joe.i II 1t will
save Joe, I am willing to plead guilty
to murder"
A. this point John J. irtervened.
IT won't stand for that at ALL" said
John. 81 am going to plead guilty to
conspiracy in the LlewelIyn job
81 will never stand for that" said
James It don't think you fellows have
a right to put It up to John that way"
Well interposed Attorney Scott,
what of it, jim? What do you mean?'
Just this said the younger brother.
IT am willing to go before the court and
take the blame. will plead guilty.
VIKING 10 save IOE ne
knew nothing of this and is as guiltless
as you"
stage Is All Set.
When court opened this morning, and
for the first time in many days, every
attorney in the case. with the single ex-
ception of Job Hartman, the Socialist
candidate for mayor OF Los Angeles, was
on hand A new venire OF fifty men had
been called In and qualified. The stage
was apparently set for the continuation,
with renewed bitterness, Of the struggle
which temporarily ended on Thanksgiv-
ing eve.
The first move Of the district attorney
came as a surprise to the spectators in
the court room.
I'VE earnestly ask for continuance
in this case until o'clock this after
noon,' said District Attorney Fredericks
I'VE have asked very few favors. There
is a very urgent reason why we want
this delay. and I ask your honor 70
grant It."
When the district attorney had finish
ed, Q0hef Counsel Clarence barrow, OF
the d4fense, said:
I'VE do not oppose the delay"
> Throughout the rest Of the morning
rumors few thick ana fast II was as
serted that the move Of the dISSsicf AZ