Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-07
.AV|L||IARAS WILL NOT
DlO[GE SECRETS
RgFuoE 70 TELL THE FEDERAL
oRAho JURY, or ExPLosioN
PLOTS.
MEN HloHeR UP MAY
EscAPE PvN,sHMENT

Fear Of Punishment for Contempt
eS ;ceure-cemmItmsnts 70 Quentin
Ar, Ready.
Los Angeles. Dec. John J. Nc
Namara, confessed dynamiter. told
Jailer Gallagher today that under no
circumstances would he give the fed
eral grand jury any information Of any
kind.
Following that announcement Under
sheriff Balm sought Oscar Lawler. spe-
cial government Investigator. to tell
him OF the prisoners statement.
IT was understood that James B. Nc
Namara would refuse to give testimony
to the federal grand jury.
Could Not Be Witness.
Anyone can testify before grand
fury, state or federal" said Joseph
scott OF counsel for the defense. How
ever. q convicted felon. after testifyiny
before grand jury. could not go into
court as a witness to substantfnte what
he had told the grand jury.
.'The business of the grand Jury is to
get information, and the members can
get 1t where and from whom they see
at. The Question Of the sufficiency OF
the information on which indictments
are returned can not be raised"
Lawler had conference today with
Malcolm McLaren, agent Of the de-
tective agency which arrested the NC
Nnmaras and Ortie E. McManigal. at
which the confessions of McManigal
were considered. McManigal probably
will appear before the federal grand
jury.
The usual course when tho grand
iury witnesses refuse to talk IL con-
tempt proceedings. but these would do
little good, because a judicial sentence
Il ~ small moment to q man already
under sentence for life.
Ianes b. McNamara would have TO
serve seven years at least, before he
could be paroled, which Is a long time
away from the present Investigation.
,Inhns i. Mcnamara, on the other hand,
4 may s. pssoled after q year. and, OF
coiirse. could be pardoned at any time
the governor saw fit to let him 90.
There is nothing to indicate that
nardon will be sought. but it is a tech
nical possibility.
THE McNamaras are not going to
implicate any one" said one Of their
counsel. "They are not going to appear
before the grand jury"
Commitments Are Ready.
Commitments to take the men to the
penitentiary are ready. The papers
were made up in a hurry yesterday.
but were not served, because had they
been the brothers would have been
compelled to start for prison last night.
Georse Monroe. clerk Of Judge Wal
ter BordwelTs court, appeared before
the Judge with q stack of telegrams
and letters which have been accumu-
lating since last Friday, when the Nc
Namaras confessed.
.eDo you wish to see these. Judge?
he asked.
The Judge smiled.
"No." he said. you may keep them"
Lsttsrs Are Destroyed.
Many Of the letters demanded the
death penalty for James B. Mcnamara.
and some bore signatures Of local labor
unions. They were destroyed.
The course the federal grand fury
will take when 1t begins it's work on
the alleged conspiracy to dynamite va
rious buildings thruout the country
may be confined to the explosions
which have occurred on the Pacific
coast. or are believed to have been ac-
tuated by residents Of coast cities. In
dianapolis authorities. it was pointed
out. could take care OF the rest.
"a report that Milton A. Schmidt and
David caplan. indicted here for MUIR
der IN connection with the Times dy-
namitin9 were about to be arrested in
the east aroused great interest. Ex-
cept James b. Mcnamara himself.
schmidt Ii said to know more about
the Times disaster than any other man.
MeaAanisal Tsstifiss.
Ortie 3. McManigal, the dynamiter.
who made the first confession in the
McNamara conspiracy. was taken be-
fore the federal grand jury which be-
gan its probe today. McManigal was
the iirst witness. He was taken from
tie county Jail to the federal building
by Sheriff Hammell at 10:3O o'clock
The federal grand jury Of the Unit
Cd state district court for southern
California convened today to take up
evidence to be presented for the pur-
nose Of showing that giant conspir-
acy exists thruout the United States
thru which dynamiting damage rum
ming into millions Of dollars has been
done to buildings under construction
ana already completed and dynamite
transported Iunlawfully from one state
to another and perhaps that improper
uSe has been made Of the mails.
While the government can not indict
or try. 1t 10 said. for individual dyna-
hitting, the men who brought them
about are liable under the conspiracy
charge and for the transportation Of
the explosives unlawfully.
The reason for another grand Jury
probe u. said to be q vast
amount of evidence accumulated
on the coast by detectives
working under District Attorney Fred
ericks for the purpose Of convicting
John J. and James b. McNamara for
murder In connection with the blowing
up 81 the Los Angeles Times building
1nsOct. 1.s1S1o.
Agjllee Nape 0empsrs.
1adinapeljs. Ind- Dec 7.That the