The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-12-06
.PUNCTURES
STEFFENS'
\ B9NABAsT
Writer'S Claim That He Secured
Mcnamara Confession nidl-
culed By Jufge
.lRy AsaoclaLed preasl

Los Angeles, Dee. G-,Judge waite
Bordweil issued a formal statemen
Pate Tuesday giving his views as I
the Mcnamara trial and especial
what brought its termination. Th
statement follows
in a spirit Of indifference To ey
lerything IN the Mcnamara case
save the facts and the law applicant
Thereto ! ieem il due 20 the cour
and to this community, that shoul,
make a brief public statement regard
ling the circumstances attending tn,
,abrnpt close OF these cases togethe
with sufficient comment to indicat
lmy. views as to such circumstances
This is done in the hope of correct
ing, If possible, some misconception:
due to erroneous publications an,
particularly TO an interview whicl
iappeared In q local newspaper which
! appeared on the second instant oyei
the signature Of Lincoln Steffens.
In the first place the claim or sug.
gection that the termination of the
cases was due TO the efforts Of MIN
lself and other outsiders who under
took TO Influence the officers of the
lcourt-other than the JUDGES with
cnt justification in fact.
Il also wish to denonnce the claims
OF the gentleman ana other persons
lacting for him, that the change of
pleas from not guilty 60 guilty was
due to mis- efforts as groundless ara
untrue. He is correct in the state.
Iment that the court was not a party
TO any negotiations for what lie terms
compromise of the cases but there
lis no ground for any claim that he
induced tile prosecution to come to
an agreement in the matter. The
district attorney acted entirely with
out regard to Mr.. Steffens ana on
lines decided upon before the latter
appeared on the scene.
The Courts View
"As to the defense, the public can
rely on it that the deyelopments OF
last week as TO the bribery and at
tempted bribery Of jurors in the Jas
y. Mcnamara case were the efficient
cause of the change of pleas which
suddenly brought these cases to an
end The district attorney could have
mad Jas b. McNamara's plea OF gull
ty long ago il he had been. Willing
TO dismiss t1e eases against his
brother, but he refused, insisting that
the latter was suilty and should sur
fer punishment
The first propositions from those
interested in the defense were that
las. b. Mcnamara should change his Il
plea from not guilty to guilty on
condition that he should NOT be SEN
enced to death and that his brother
should so free. The district attorney
would not agree.
Afterwards emissaries from the de. |
'ense bdought 10 the district attnr |
ley the proposition that James B. Ne |
Namara would plead guilty and be |
sentenced to death if the court so |
'rdered, provided that his brother
mould be saved. But the district at |
9rney still would not agree.
Those interested in the defense |
Ontinued to urge nis acceptance of |
he last proposition for ten days or
more and until the bribery develop
1ents revealed the desperation of the
efense and padalyzed The effort to
ave John ]. Mcnamara by sacrificing ,
lis brother. Then it was that the
mango OF Pleas Of those men was
The notion broached in the Stef-
ms arlleie that the McNamaras, in =,
he commission Of the crimes as con !
sssed by them, are two heroes is !
IensiYe to common intelligence and /,
'pellant to the conscience Of all Just A
en-to say nothing OF the abhor- :.
'nce Of the law for such sentiment =
ll ! am confident that the district y
torney was not influenced by any !
ich sentiment in considering the q
'oposal that the defendants should :
ltndraw their pleas of not guilty. u
Upon the entries of the pleas OF
lilty' both the defendants placed
upon the mercy Of the y
trt and the responsibility, sole and v
upon the court to deter &
me punishment That some mitiga- le
m OF the extreme penalties demand q
lie by the outraged law might be ex- ai
cted in consequence of the change q
the pleas in these cases, is in ac- r.,
rdanee with the principle common al
accepted in the administration of
minal Jurisprudence yc
That expectation has not been u
in these cases. AT the
ne time the duty of the court in pu
ing the penalties in these cases re
uld have been unperformed had it 81
IN swayed in any degree by the
pothetical policy favored by Mr.. NJ
'ffens, VINO by the way, is a pro-
sed anarchist that the judgment
the court should be directed to the AZ
motion Of compromise in the con II
yersy between 'capitaI' and labor. en-
The lesson taught by the case is oh
t the law must be vigorously en- CO.
eed against all offenders, whether --.
y be rich or poor, high or low, -
italists or laborers-and that only b
the obedience to the law can so.
y be maintained or its blessings
lyed ---