New-York tribune., 1911-12-07
FEDERAL PROBERS TO
SUMMON NJ 'NAMARAS
Dynamiters Likely to Go to
Prison Without 0lvuIgIng Sc
CretS of ConSpIraCIeS.
LEGAL OBSTACLES APPEAR
Brothers Will 1mplicate No One
Say Counsel-Widow of Times"
\ Explosion Victim Sues James
B. for $4,000.

necessarily be subpPnas issued to have
the Mcnamara brothers testify before
the federal grand jury" was the asser-
tion made tonight by Oscar Lawler
special prosecutor Of the United states
government, who is trying to determine
whether there is a dynamiting cOnspir-
acy extending over the country "A
subpoena is issued only to force man
to testify" he added.
This assertion was taken to mean that
when the federal grand jury is ready to
hear the testimony concerning the al
legged conspiracies tomorrow the McNa-
maras merely might be taken To the
federal building b. Sheriff Hammel.
Asked concerning subpUnas, Clarence
S. Darrow. counsel for the prisoners, re-
marked that, though no subp9nas had
been served, unofficial notice had been
given 10 the brothers that they would be
called Tomorrow before the federal
grand jury. Il don't think they will say
much" commented Mr.. Darrow.
The question was raised to-day whether
convicted felon could be allowed to
testify before the grand jury and
whether the testimony of the McNa"
maras, il it were given. would invalidate
subsequent indictments.
My personal opinion on that would
not do the public any good, said Law
Ter. when asked about it. There proc
ably is considerable law on the subject
Testimony Would Do No Good.
Attorneys connected with the McNa-
mara defence said the only reason the
McNamaras might not be called would
be that ii would do no good. as any one
could testify before a grand jury, state
~. federal. Joseph Scott added to this
opinion that "a convicted fclon, after
testifving before a grand jury, could
not go into court as a witness to SUB
etantiate what he had told the grand
jury" III.
Lawler had a conference to-day win
Malcolm McLaren, agent of the de-
tective agency which arrested the NC
Namaras and Ortie E. McMangal' Ihe
confessions of McManigal were consid-
cred. He probably will appear before
the federal grand jury whether the Nc
Namaras do or not.
Men fairly close to the McNamaras
said to-day there were small chances
that James b, who received life SEN
tence would talk before the grand jury
IN an extent that would implicate any
ono else 'The McNamaras are not
going TO implicate any one" said one OF
their counsel. They are not going to
appear before the grand jury An offi-
Ger of the state also inclined to this
view.
James 3. Sued BY Victims Widow.
James p. Mcnamara had other
troubles added to his lot to-day, when
he became defendant in a $500OO dam
age suit The suit is brought by Louise
NJ. Sawyer, widow OF Robert l.. Sawyer
telegraph operator employed by The
Los Angeles Times" and killed in the
explosion which wrecked that building on
October 1. 1919.
Good. let them go it, was McNa-
mara's comment when he learned Of the
suit
The course the federal grand jury will
take when it begins its work tomorrow
on the alleged conspiracy to dynamite
various buildings throughout the coun-
try may be confined to the explosions
which have occurred on the Pacific
Coast. indianapolis. it was said could
take care Of the rest
Rumors Of further arrests In the brib-
cry developments of the Mcnamara trial
were circulated to-day the reports going
so far as to name specifically three men
who have been connected with the de
fence.
II was learned to-day that five hum
6red secret service men have been
n,aced at the disposal of Lawler. 1t is
intimated by persons close to him that
the first indictments in the inVestlga-
.ion will come here and not at lndian-
apols.
When President Taft was here a Few
months ago Lawler laid before hlm all
evidence showing infractions of federal
laws bv the dynamiters. 1t came out
TODAY that Taft ordered a large force
~ secret service men TO work on the
case. To-day officials Of the govern
mont did not hesitate 10 mention as
labor leaders who might be questioned
&C IN the existence Of a dynamite con-
spiracy Samuel A. GOmpers, i. NJ.
RYAN. president Of the International
Association Of Bridge and Structural
Iron Workers: Olaf A. Tveitmoe, treas
rrer of the California Federation Of La
Lor. san Francisco; Antoine Johannson,
organizer Of the State Building Trades.
San Francisco; T. J. Smith. business
agent for the Structural Iron Workers
Union. Cleveland Ohio; Fred Sherman,
business agent for the Structural Iron
Workers Union. Indianapolis; J. +.
Munsey. secretary Of the
Structural Iron Workers Union, Salt
Lake City: II. s. Hockin. member Of
fhe executive board OF the international
Association OF Bridge and Structural
Iron Workers. who is now i'm Indian
.apolIs Edward Smythe. business agent
for the Structural Iron Workers Union,
Of Peoria. Ill. and p A. Cooley, of the
Exchange building, New Orleans.
A persistent Iumor tonight that the
county grand jury would cite one Of the
most prominent labor leaders in the
country 10 appear before ii grew out Of
the report that while the bribery
charges in the case Of Bert II. Franklin,
detective employed by the Mcnamara
defence. rested chiefly on evidence gath
cred here. well founded belief existed in