The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-12-13

No Ground for Claim.
"He is correct in the statement
that the court was not a party to any
negotiations for what he terms a com
promise Of these cases; but there Is
no ground for any claim that he in
duced the prosecution to come to an
agreement in the matter.
The district attorney acted entirely
without regard to Mr. Steffens, and
on lines decided upon before the lat-
ter appeared on the scene.
AS to the defense the public can
rely on it that the developments Of
last week as to bribery and attempted
bribery of jurors in the j. b. McNa-
mara case were the efficient cause
of the change of pleas which suddenly
brought these cases to an end
The district attorney could have
had j. b. McNamara's plea of guilty
long ago if he had been willing to dis
miss the cases against his brother;
but he refused, insisting that the lat
ter was guilty and should suffer pun
ishment
"The first proposition from those
interested in the defense was that J.
B. Mcnamara should change his plea
from not guilty to guilty on condi-
ton that he should not be sentenced
to death, and that his brother should
go free The district attorney would
not agree.
Still Would Not Agree,
Afterwards emissaries from the
defense brought to the district attor-
ney the proposition that j. B. McNa-
mara would plead guilty and be SEN
fenced to death if the court so order
ed provided that his brother should
be saved. But the district attorney
still would not agree.
Those interested in the defense
continued to urge his acceptance of
the last proposition for ten days or
more, and until the bribery develop
ments revealed the desperation of the
/ defense and paralyzed the effort to
save J. J. Mcnamara by sacrificing his
/ brother. Then it was that the change
of the pleas of these men was forth
coming
The notion preached in the Stet-
| fens article that the McNamaras, in
the commission of the crimes as con
fessed by them, are two heroes, is
offensive to common intelligence and
repellant to the conscience of all just
men-to say nothing of the abhor-
renee of the law for such sentiment
and | am confident that the district
attorney was not influenced by any
such sentiment in considering the
proposal that the defendants should
withdraw their pleas of not guilty
On Mercy of Court.
Upon the entry of the pleas Of
guilty both defendants placed them
, selves upon the mercy of the court
! and the esponsibility-sole and undi
= vided-devolved upon the court to de
{ termine the punishment
, THAT some mitigation of the ex
IRENE penalties demandable by the
outraged law might reasonably be ex
= pected as a consequence of the change
! of the pleas in these cases is in ac
p cordance with the principal commonly
accepted in the administration Of
, criminal jurisprudence. That eXpec
, tation has not been disappointed q,
these cases.
'At the same time the duty of the
! court in fixing the penalties in these
cases would have been unperformet
t had it been swayed in any degree by
the hypothetical policy favored by Mr.
, Stetfens CwhO, by the way, is a pro
fessed anarchist) that the judgmen
of the court should be directed to the
/ promotion Of the compromise in The
, controversy between capital and la
Dor.
The lesson taught by these casei
is that the law must be vigorously en-
forced against all offenders-whethe
, they be rich. or poor, high or low
capitalists or laborers-and that onl,
by obedience to the law can societ!
be maintained and it's blessings en-
joyed."
Attorney barrow said: Il entered
= this case with the greatest reluctance
and only after the most earnest pei
t suasion. l did it unselfishly. / hav
e for many years given my time an,
$ best ability and my life to the caus
of labor and the poor.
= Il have been here six months an,
?, spent many troubled days and sleeT
e less nights trying to run down ever
clue and make every possible invest
{ CATION and trying to do the best
e could for my clients and the caus
d that | served. | had able associate
t who gave me their best efforts an
l. their best service through it all.
a'Epnp1n