Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-12
Brothers Enter Courtroom with
Smiling Greetings.
Judge BOrdWeIrs First Action
To Deny Change Of Venue.
Defense Seeks 10 Depict Contest Of
Labor and lis Opponents.

Los Angeles, Cal, Oct. 11.-James b.
McNamala went on trial for murder
here today before Judge Walter Eord-
We'll in the superior court amid cir
eamstanees as austere and simple as
proverbial justice,
District Attorney John j. Fred
erieks Tor the prosecution. elected to
try him rather than his brother, for
the murder Of Charles j. Hagger;y. a
machinsf, who, with % other men met
death III an explosion ana fire which
wrecked the Los Angeles Times build
ing Oct. /, 1910. This case was picked
from indictments for murder found
against the prisoner, his brother John
j. Mcnamara. secretary Of the Inter
national Association of Bridge and
Structural Iron Workers. William
Caplin and NJ. \. Schmidt, both at
large and four unidentified persons
specified as John Doe. Jane Dee. Rich
ard Doe and John Stiles. Haggeftys
body was that nearest the spot where
the explosion occurred.
The prosecution contends that this
explosion was caused by dynamite,
the defence that it was caused by
gas. Counsel for the defence. aided by
/ Attorney Clarence 5. Darrow of Chi
secago in questions to the jury and ar
garments - Judge f3ordwell today
4soueht 10 depict 4 mighty contest be-
tween organized labor and it's oppo-
nents without much opposition by the
prosecution.
Attorney Leeopte Davis. examining
jurors headed straight for this point
Are you aware that there is bitter
warfare between capital and iabor?''
he asked T. T. Nelson, the first venire
man examined
Yes" said Nelson.
And that most men have taken
sidcs?"
Yes
Have YOU the opinion that labor
unions as they exist arc proper, or
that they are iniinical and men-
ace?"
To these the prosecution objected be-
cause Counsel is asking the opinion OF
the witness on evidence that may arise
during the trial..
"He may answer" said Judge Bord-
well and Nelson said he was Not preju-
diced" Further questions were met by
the assertion by Attorney W. J. Ford.
of the prosecution. that This is not a
union labor trial.
do YOU take the Los Angeles Times
and 'Do you read the weekly page de-
voted to animadiversions of LAHORE" were
other questions put Nelson was still to
be questioned when court adjourned.
1t was not until court opened today
that the defence could make formal de-
rnand for separate trials of James Nc
Namara and his brother John.
Hence, the brothers, handcuffed to-
scther were taken 10 court All Los
Angeles knew about this, but when sew
en- deputy sherifs, beside the jailer and
an assistant left the Jail with the pris-
oners, they found all empty street, ex-
cept for newspaper photographers and a
few stray spectators
In the court room where only mod
crate crowd of spectators gathered, the
formal opening of the case was not heard
10 feet from the bar.
Case 6939-James 3. Mcnamara" some
one said casually. after District Attorney
Fredericks had announced his selection
and the trial was on.
John J. Mcnamara was allowed TO re-
main during the brief morning session
hut in the afternoon the younger brother
sat alone against the rail. During the
afternoon the tables of counsel, which
had been arranged in one long line v'erp
changed to face each other.
After brief recess in the afternoon,
G. C. Kemp. a vehireman, was excused
as was W. A. ,spalding, secretary of the
Civil Service Commission of Los Angeles
Spalding was excused after he had re-
fused TO plead exemption on official
grounds
Tomorrow is state holiday and no
session of the court will be held