New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-12-06

Tho District Attorney acted entirely
without regard to Mr.. Stenens ana on
Tires decided upon before the latter APP
reared ON the scene.
As to tho defence the pubic can rely
ON il that the developments of last week
a. 10 the bribery and attempted bribery
of jurors i'm the James i. McNaIhdI|
case were the efficient cause OF w
change OF pleas which suddenly HouS"'
these cases 20 an end. The DlsliICI -
torpev could have had James b. McNa,
mara's plea OF guilty long ago Il ne L. L.
been willing to dismiss the cases asdI.'S'
his brother but he refused nSlSOhS
that the latter was guilty and shoulu
suffer punishment. -,
The first proposition from lhosc hIer
ested in the defence was that James 10
McNamara should change his plea rom
mot guilty" 10 guilty ON conuilloh
that he should not be sentenced 10 ueaIl
and that his brother should go tree Inc
District Attorney would not agree.
Afterward emisssries from the oe-
fence brought to the District ATTORNEY
tho proposition that James Il. McNa-
mara would plead guilty and be SEN
fenced IA death. if the court so ordered
provided that his brother should De
saved. But the District Attorney sun
would not agree
Those interested in the defence con
tinued 10 urge his acceptance OF the IasI
proposition for ten days or more, ana
until the bribery developments revealed
the desperation Of the defence and par
slyzed the effort TO save John j. Mona
mara by sacrificing his brother. Then
II was that the change Of the pleas oil
these men was forthcoming.
The notion preached in the Steffens ar
iicle that the McNamaras, IN the COM
mission of the crimes as confessed by
80 sc offensive
common intelligence and repeHent 10 the
conscience of all just men-to say noth-
ing Of the adherence of the law lot
such sentiment-and | am confldent that
the District Attorney was not influenced
by any such sentiment in considering
the proposal that the defendants should
withdraw their pleas of mot guilty
T-poD the entries OF the pleas OF
guilty both defendants placed them
selves upon the mercy of the court, ana
the responSibilty-sOle and UNDIVIDED
devolved upon the court to deternlne
the punishment. That some mitigation
of the extreme penalties demandable by
the outraged law might be expected III
consequence OF the change OF the pleas
in these cases is in accordance with the
principle commonly accepted in the adj
miuistratiOn of criminal Jurisprudence.
That expectation has not been disap-
pointed I'm these cases. AT the same
lime the duty of the court in fixing the
ueualfies in these cases would nave been
iInperformed had il been swayed in any
degree by the hypothetical policy Ia
yored by Mr. StcffCnS CWhO. by the way,
is a profcsscd anarchist. that the JudS
mcnt of the court should be directed 10
the promotion Of compromise IN the con
troversv between capital and Ia Dor.
The lesson taught by the cases is that
the law must be vigorously enforced
against all offenders whether they be
rich or Door, high or low. capitalists or
laborerS-and that only by obedience 10
tho law can society be maintained or its
blessings cnjoy cd
Something Of the same fear Of terror
ism brought by these explosions fitted
through a crowd Of nearly fifteen thou
sand persons to-day as II surged back
and forth around the jail expecting 10
see the McNamaras taken to the Hall
Of Records. where previous scenes in the
trial had been enacted. But the court
and counsel, taking cognizance Of posi-
bic lawlessness. held the final session in
courtroom adjoining the jail, and the
prisoners were taken thither over al
interior bridge passageway
Il never carried d gun until to-day
since the Mcnamara affair started"
confided Samuel /. Browne. chief Of the
states department Of investigation
when his detectives reported 10 him that
suspicious characters By the score were
scattered in the crowd.
Judge BordWell changed his mind scv.
eral times, but took final precaution and
held court in the small chamber beside
the Jail. Outside the crowd begged for
entrance. ~ army Of policemen fought
its effcrts. 10 the Hall Of Records, not
far distant. the mass Of humanity moved
back and forth in confusion, and even
many who really We're entitled TO admis-
ZION were denied that privilege In the
Hall IL RECORDS floors and stairways
were Choked with the curious Only a
hundred persons saw the ,wo brothers
led through the marrow passageway into
the chamber side the jail.
Both Brothers Look Dismayed.
a supreme ordeal raced James 3. Nc
Namara, who worried as 10 whether the
court would inGict the extreme penalty.
death. John J. Mcnamara, no: liable to
such severity, was anxious for his
bIbiltt : SAKE ne twenty -lOuT NM
utes OF procedure that decided the fate
Of the two man went forward slowly. Ii
was odiet almost TO the point Of monot-
cny. Pleas of guilty were entered, with
the assurance Of District Attorney John
IL. Fredcricks that he would urge elem
ency. But whatever fortitude the two
men had mustered Tor the occasion re-
ceiycG setback, and dismay threatened
them for moment as Judge Bordwel
in passing sentence on James b. McNa-
mara. seemed to be inclined to innict the
death penalty. And though it did not
come the severity of Judge Bordwelps
remarks cut and John J. McNamara's
accustomed expression, half smile and
half sneer. passed into one of detection
Il never saw q man change so much
within Ii few minutes declared Judge
Bordweu later. Attorneys close by saw
tears in the eyes Of John J. Mcnamara.
Tie younger man, the confessed muir
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arr 1874 nIGEHR6TNIG