Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-10-09

with the aid of his wife, the defense
will then turn its attack upon Mrs
Ingersoll, who all along has been re
garded as a material witness for the
state. If she is called to the stand, it
is asserted, witnesses found by de-
tectives who have been searching for
her life and record for weeks and
months, will be produced to testify
against her.
On May S, the day after McManigal
had testified. the grand jury returned
q new indictments. One Of these
held McManigal responsible for the
Llewellyn Iron Works explosion. All
other charged John J. Mcnamara
with completely as co-cOnspiratOr IN
the LleWellyn case. The other ~
true bills related to the Times case.
alleging that of9 the 20 victims
were murdered by John J. McNa-
mara, James B. Mcnamara. Milton A..
Schmidt. David Captain. John Doe,
Richard Roe and Jane Doe. The Does
and Roe, according to the prosecu-
ton, were placed on the list of &C.
cused as precautiOn in the event
that any other alleged conspirators
are found.
Clarence S. barrow took charge Of
the defense on May %. Mrs. Nc
Manigal entered the case two weeks
later. She came to Los Angeles
from Chicago.
Later she was summoned to testify
before the grand jury and for three
fessionarelate.c mfwy cmfw cmfW CIV
days she pitted her wits against those
of the deputy prosecutor designated
to question her.
On the second day detectives for
the prosecution brought McManigal
over from the Jail and confronted his
wife with him. She emerged from
the interview screaming in hysteria
Subsequently McManigal. ~ the pres
ence of Burns detectives, gave a
statement to reporters that the de-
Tense was using his wife to induce
him to deny his testimony, but that
he would stick to the prosecution. He
also declared that he was not permit
ted to see his children because he
would not change sides.
With Mr.. Darrows arrival in May,
plans for the defense were begun.
The time for the McNamaras to en-
their pleas to the murder indictments
that date instead of entering pleas,
Mr.. barrow. backed by Attorneys Jo-
seph Scott, Cyrus McNutt and Le-
compte Davis who had been retained
with Hartman to assist him. assailed
the jurisdiction of Judge Bordwell to
try the case. This attack was based
on the alleged fact that John J. Nc
Namara had been illegally taken out
of Indiana. When this failed they
entered a motion to quash the in
dictments, and when this motion was
denied they entered a bill of excep-
ton, useful as a ground work for an
appeal should such become neces-
sary, was filed
The pleas were then made-"not
guilty" to each of the 10 charges
and the trial was set for October II.
On certain points relative to the
presence of James Mcnamara in CAL
ifornia, the evidence of the prosecu-
ton is believed to consist mainly
of signatures on the registers of no.
tells where Brice was guest in
Sausalito, San Francisco and Los
Angeles. Handwriting experts, there.
fore. will be prominent among the
experts called in the trial.
1t is believed here that three lines
of defense are open namely:
To establish an alibi. by proving
that James B. Mcnamara, the only
one OF the prisoners whom it is al
legged actually placed the bombs in
Los Angeles, was not here at the time
of the disaster.
Or to achieve the same result by
having the burden of proof upon the
state, and then demonstrating to the
jury that he prosecution had not
proved that James B. Mcnamara was
IN Los Angeles on or about October
I, 1910.
Or to prove that the destruction of
the Times building was not caused
by dynamite but by the huge volume
OF gas used for heating the metal in
the linotype machines of the news.
paper.
The latter apparently is the line
the defense has chosen. and here will
be the battle-ground of the experts.
For every expert the prosecution
calls to testify in support of the dyna.
mite theory, the defense will have
one to do his best toward establish
ing the belief that gas was RESPONSE.
BILE for the disaster.
For weeks, it is anticipated. the
legal battle will be waged upon this
point. The jury will be confronted
by maze of figures, theories and
facts concerning the characteristics
of dynamite and gas.
And at the end. when the exhibits
of bombs, clock work Internal ma
chimes and dynamite sticks, now
stored in magazine far out in the
desert. have been shown. and the
whole story Of the tragedy unfolded,
the fate of the Mcnamara brothers,
according to students on both sides
OF the case, will depend upon the
9nrys answer to the question: "Was
1t dynamite or gas?"
! THE TRUTH ABOUT BLUlNc.
Talk No. 8.
Avoid liquid bluing because it's at
best only a weak solution IF hluo in