The labor journal. [volume] (Everett, Wash.) 1909-1976, 1911-10-13
(By National Socialist Press J

we've got the upper hand now and we
will put the McNamaras over Every
thing is coming our way these days and
there's nothing lacking" said a Burns
Operative" to newspaper man yester-
day.
"Not even the jury lacking?" was
asked.
ooh, that's all right" replied the de-
tective with laugh. "We are not at
all worried about that"
This seems to sum up the whole situa-
ton from the point of the prosecution
for BURNS IS THE PROSECUTION,
THE SHERIFF'S OFFICE, THE JAIL
Err AND, If THE PRESENT TREND
CONTINUES HE WILL TRY TO BE
THE JUDGE AND THE JURY.
Determined that an unprejudced jury
shall not be secured the Times has sent
a copy of its infamous pamphlet to
every taxpayer in Los Angeles county.
This pamphlet is calculated to prove
the dynamite theory and to still further
prejudice the readers against the Nc
Namaras and against all labor
Judge Bordwel has taken no step
toward stopping this action but has gone
calmly about his work of selecting a
venire of $50 names.
Among those placed on the list by
Bordwell were the names of "a number
of bankers, members of the M and NJ,
reactionary politicians, wealthy ranch
ers of the Times reading class, and, in
fact, everything but members of the
working class. The list of names reads
like a group selected to attend the ten
dollar-a plate banquet given to Presi
dent Taft.
Property qualifications in California
preclude a chance of a propertyless man
being tried by jury of his peers. They
select a jury of parasites in many cases
to try the case of men whom they have
expatriated and put in the down-and
out class.
So strong has the belief grown that
there is no chance for fair trial for
the McNamaras that the defense is be-
ing urged by friends of the McNamaras
to take a change of venue or to at least
ask for a change of judges to try the
case.
"Bordwell's palpable prejudice" is the
way many persons have described the
case and attorneys for the defense are
discussing the advisability of demand
ing a change of venue. 1t is possible
the change will be demanded even after
the trial has opened.
That Bordwell is determined to try
the case no one doubts. He will go
through all the motions of considering
the affidavts of the defense and the
prosecution and then will, in the final
ity, deny all petitions and take his
chances on reversals in higher courts
The defense is preparing all affidavits
necessary for the move towards change
of venue or a change of judges.
These affidavits recite at great length
the means to which Los Angeles news
papers, especially the Times, have re-
sorted to inflare and prejudice the pub
lie mind. They reflect to the manifest
unfairness of the methods adopted by
the labor batting organizations and the
extent to which the Times has gone to
prevent a jury being selected which
might give fair trial to the accused
workers. The affidavits dwell upon the
infamous Times pamphlet which de-
clares that John j. Mcnamara was the
author and director of the plan for blow
ing up the Times building and murder
ing its occupants and that he supplied
the money for that and other jobsn"
The pamphlet is kept moving every
hour of the day and the defense has
found no way to counteract its evil
effects.
with this sort of thing going ON and
the unlimited time and opportunity to
make plants and manufacture evidence
there is every reason to believe the
Burns bunch has everything nicely
framed and there is little hope for a
:: square deal for the McNamaras," said
prominent attorney who is not allied
with or particularly interested in the
defense of the imprisoned iron workers
Loud and long are the protestations
that fair trial is assured. The district
! attorney grows indignant at any men
tion of preiudiced public or a biased
judge or jury.
Among the men who are mentioned as
likely to be associated with the prose
cution are former U. S. District Attor-
ney Oscar Lawler, who was Balinger's
friend and who succeeded in getting
Taft in such horrible muddle just
previous to his dismissal by Taft; form
er Senator Frank p Flint, who was for
years henchman of the Southern Pa
cific political machine, and Earl Rogers
attorney for the M. and NJ, who took
such prominent part in the first days
of the grand jury investigation of the