Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1911-11-02
Mcnamara Prosecutors
Look To Federal Court
Driven to Extremitiess Accept Burns
Scheme to Use Gov
eminent.
CONFESSION OF WEAKNESS
OF CASE FOR THE STATE.
Continued Quibbling Of Prosecution
Chief Cause Of Long
Delay.

Los Angeles, Cal. Nov 2That
the prosecution in the Mcnamara case
is driven to extremities is shown BIZ
the fact that they are exerting every
effort to override the state courts and
get the affairs of John J. Mcnamara
into the hands of federal officials
Ever since the decision of the highes
courts of Indiana that the McNanaars
Exhibits" and evidence" should moi
be permitted to leave the state, Pro,
scouting Attorney John B. Frederick
of Los Angeles, has been casting about
for some way to get possession Of the
Burns material" that is in Indiaaa.
polls.
1t is believed Burns has come to
the rescue with the brilliant idea tina.
the United States Courts is the
proper place to make his appeal to gel
the evidence" into the possession o.
the Los Angeles authorities.
This is looked on by the defense as
a confession of weakness of the prose-
cution's case. Nearly every day new
"identifers' are brought into the court
room to get lok at ]. B. Mcnamara.
In every instance Jim looks over his
identifers and tells Hartman, barrow
or the other attorneys whether he has
ever seen the man before. This week
an attempt was made to get an "iden-
tidcation" from a San Francisco
launch owner who was supposed to
have transported high explosives for
James Brice. The attempt failed
utterly and the prosecution was much
chagrined.
The lack of progress made IN secur-
ing jury and the palpable prejudice
of most of the venire men has made
an impression upon the public mind
that has brought sympathy to the d..
tense. The questions that are asked
prospective jurors indicate both the
line of prosecution and probably Of
the defense.
Destroyed by Gas.
The defense has every reason to
believe that it can show that the Los
Angeles Times was not destroyed by
dynamite. If this is successful the
States case will fall to the ground.
as the District Attorney is building his
entire fabric upon the theory that
dynamite was planted in the building
with malicious intent.
The fact that the families Of eight
Of the victims have sued the Times
company for large sums in damages
has made deep Impression upon the
public. In the suits it is alleged that
the building was destroyed by fire
and that its occupants were caught IN
terrible death-trap where NO ade-
quate means of escape we're at hand
1t will be. shown, the attorneys say,
that only two persons who were In
the ancient rookery at the time the
fire broke out. escaped by natural
exits and that these were clerks who
were on the ground floor in the busi
ness department. That any others
escaped is looked upon as miracle
Attorneys declare that both the civil
suits and the criminal action vii
establish the fact that the Times wa;
destroyed by fire, which followed az
accidental explosion brought about b
the criminal carelessness Of the own
ers of the building.
It is the strength OF this claim AMI
the weakness of the prosecutors cas-.
which has driven the district attorne.
to try to get outside evidence witt
which he hopes to establish charg'
that the McNamaras were guilty 0
dynamite atrocity.
Clubbing Of Prosecution.
At the end of the third week an en-
tire venire Of iurymen having heel
exhausted and another one called viii
out having secured q single juryman
the prospects of an early beginning 9
the actual work Of the trial scenes
remote.
The greatest delay has been cause
by. the quihbling Of the prosecutor
and the apparent determination the