United labor bulletin., 1911-11-02
M'NAMARA DEFENSE
SHOWS HAND OF OTIS
Otis Claims Dynamite Destroyed
Building, Yet Swears 1t Was
Destroyed by Fire.


might and main to save the lives of the
two brothers. The fight at present is
for James 3. McNamara, who was the
first to be placed on trial for his life.
The jury which will try him is now being
drawn in the City of Angels and Judge
Bordwell, the president judge, is ruling
in such way that the defense will soon
exhaust its twenty peremptory chaI-
lenges when the prosecution can fill the
jury with men of its choice, and McNa-
mara will go to the gaIlows or serve a
life in prison.
The rulings were SO unfair at one time
that Clarence Darrow issued a statement
saying that never before had any other
court in the United States made such a
remarkable ruling. In part he said:
Juror Walter N. Frampton stated that
he had the opinion that organized labor
was menace to the welfare of the coun-
try; that he had held that opinion for a
long time; that when he first heard of
the destruction of the Times, on account
OF that opinion he believed it was de-
stroyed by labor unions; that this was
afterwards confirmed by what he read
and heard, and especially by the printed
testimony of McManigal; that he had,
after serious consideration, formed the
opinion that the defendant was guilty of
murder; that such was a fixed opinion
and that it would require great deal
of evidence to make him even doubt
the guilt; that his mind was fully made
up beyond a reasonable doubt that the
defendant was guilty. and his last answer
to the query Gould you give the defend
ant a fair trial?' was: Not in the state
of mind have now
'In spite of this, Judge Bordwell
held he was a fair and impartial Juror
to try this man.
IA Winter stated that he had been
prejudiced against labor unions for many
years: that he had a fixed opinion that
the defendant was guilty: that he was
president of the Retail Butchers asso-
citation, and that when there was a strike
of the employees of the wholesale butch
ers that he took the strikers place; that
he was stoned and egged by the strikers;
that he was prejudiced against unions;
that If he went into the jury box he
would be handicapped by that prejudice
and the defendant would have to prove
to him that he was entirely innocent;
that he could not lay aside his opinions;
that there would be feeling in his
mind that the union people would do 1t
but If they could prove to his satisfac
ton that they did not do 1t he would
render a verdict accordingly, and that
the defendant would have to prove that
he was not guilty.
This juror was likewise passed hpon
by the court as fair and impartial
juror.
II believe it would be impossible to
find where any other court had ever
held that such jurors could give the de-
fendant a fair trial"
court has turned over to- the federal
court the books and papers stolen from
the offices of the International Associa-
ton OF Structural Iron Workers. 1t is
claimed by the government that these
books contain evidence that the Nc
Namaras and McManigal transported
dynamite from one State to another on
passenger trains. This is a felony and
the government is preparing to try the
McNamaras on this charge.
Attorney Darpow has thrown bomb
into the prosecutions camp in Los
Angeles. He HAS shown through the ex-
animation of /veniremen that while Gen
eral Otis claimed through his paper that
the Times building was blown up by
dynamite, Yet in collecting his insurance
or. the building he swore 1t was de
sfroyed by fire.
1t is possible that one man OF the
many now in the jury box will be re.
tanned
The Socialists OF that city have been
successful in passing their entire ticket
at the city primaries Tuesday.
| Job Hartman. candidate for mayor on
| the Socialist ticket, received the high
vote of the three candidates but did not
receive sufficient to elect, majority
over all candidates. He is almost sure
to be elected at the regular election AT
that time the women cast their first
votes, and If the wives and daughters OF
those who gave Hartman the high vote
Tuesday in any degree follow the lead
of the men, Hartman will be the next
mayor of the city by the sea.