Montana news. [volume] (Lewistown, Mont.) 1904-191?, 1911-07-20
tBy National Socialist Press.)


Los Angeles. Cal.-Counsei for the
defence Of John J. Mcnamara and his
brother James started their part OF the
great trial by moving that all indict-
ments against the former be set aside
on the grounds that the court had no
Jurisdiction in the case and that all
indictments against James McNamar
be quashed on the ground OF illegality
of procedure and bias on the part of
the grand jury.
A large number of reasons were
given why the indictments should be
set aside and Il will take the court
several days to reach decision on the
arguments.
Judge Walter BordwelTs depart
ment of the superior court was crowd
ed to the doors when the accused un-
ion men were brought in. The little
room scarcely held 200 persons and
thousands We're turned away.
The Mcnamara boys sat in the jury
his face was ruddy his eye clear and
his step bouyant He looked calm.y
around the court room and was At
perfect ease. He kept close watch on
all proceedings and not a word or a
detail escaped him. James looked
thin and pale. He gained confidence
and reinsurance by talking with his
brother Both the boys chatted
pleasantly with the lawyers
When the proceedings were begun
John looked at Joseph Ford. the man
who. according TO Rappaport's state
ment before a congressional commit
tee committed perjury in the matter OF
the requistion OF the McNamaras.
The prisoner calmly met the gaze Of
the man who made the false oath
and afterwards assisted in his kidnap-
ping Ford's eyes fell and he looked
around shiftily. John smiled almost
imperceptibly as he looked at the pro-
secutor who was forced to look away.
set aside the indictment against John
]. Mcnamara went at length into the
whole story of the perjured Ford AZ
fidavit, the lying telegram of Burns.
the feionious theft OF a man and the
deep laid conspiracy against the labor
leader.
In a reply preliminary to filing a
demurrer Ford went into an argument
wherein he cited a number OF cases
where kidnapping by detectives and
lawyers had been declared legal by the
court. He cited the various time hon
ored cases where 1t had been declared
Illegal and feionous to steal q horse
but made to appear legai to go into
an adjoining state and steal the man
who was chrged with the theft Of the
nimal.
Ford cited the Infamous decision
the Moyer-Hayood- -Pettibone kidnap.
ing In order to justify the felony COM
mited In this case and went square on
Tic aetitutt W. '~
ter what crimes were committed to
get these men here. they are here"
In mentioning the case Ford said u
least one member of counsel for the
defense was familiar with the Hay
wood case. and the statement was I'M
mediateIy taken up by Darrow who
remarked grimly that he had dis
tinct recollection OF the case.
The whole argument showed that
Burns and Ford knew what they were
doing when by lying statements and
kilograms they secured the reauisition
papers for the possession OF man who
was not under arrest for several days
after the prosecutor had sworn that
he was held in custody in Indiana.
When the indictments had been
read attorneys for the defense filed
In each case plea and answer on be-
half OF the defendants but the answer
was in effect a motion to set aside the
indictments.
Attorney Joseph Scott read aloud
the answer and he made Ford squirm
uneasiiy in his chair when he laid