The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-12-07
DOUBT H. RAISED A.
TO CONVICT EVIDENCE
Possible When Grand Jury Meets
To-Day Two brothers viii
Not he Before IL.
Rumors That Alleged Accomplices
Of Mcnamara May Be Ar
rested in the East.

1tpAhffn 'FnftI. before The federal
grand lury. ~az th. aascrtl0n made
tonight b. oscar IAul~r. special
prosecutor % th~ United states. ~ho
II trying 20 determ n. neither there
h. a dynamitinE cYuspiracy extending
over the coun'ri A subpo~na iz DO
sued only 10 force man to TESTIFY
he added
Asked conc"ruiug -lbpo-ua- CIar.
ence y. barrus. counsel Tor the pria-
on"rs. remarked that though np sub
poenaa had been served. unofficial mo-
tice had been given the brothers thaf
they would b" called to.morrow be
fore the Federal grand jury
4 don't think They Nl.l say much.
commented Mr barrow
LOS ANGELES. dec Whether
John J. McNafnara and h.s brother.
James -. McNamara. noV awaiting
commitment to san Quentin pvuifcu
iiary, would tell enough about other
persons 10 make ft worth while 20
take them before federal grand
jury Was question under serious
consideration tonight by onccrs con
cerned
Grand jury subpo~uas had not been
Issued tonight. although oscar Law
Ter. Who has been especially assigned
10 this case by Attorney General
Wickersham. had long talk with thc
two men today
The question VAS raised today as
20 whether a convicted fclou could
be allowed To testify before the grand
jury. and u not wh~thor the testimony
of the McNamhras % given might in
validate subsequent Indictments
NJ 4 a...N .|s.H
the public any good" said IaWIer
when asked about DO There Is
probably considerable law on the sub
ject."
Evidence No Good
Attorneys connected with the Nc
Namara defense said TINT the only
reason the McNamaras might not
be called NQuid be- that II would do
no good. as any one could testify be
fore a grand jury. state or federal
Attorney Joseph Scott added 10 thia
opinion that a. convicted feion after
tesufytng before grand Jury could
not go into court a., a witness 20 sub
stantiate what he had told the grand
jury"
Lawler had conference today
with Malcolm Mcfaren. agent ~ the
detective agency which arrested the
Mcnamara and Ortl" p McNaniral
The confessions OF McMauigaI ver,
considered Hc probably viii appear
before the Federal grand jury. wheth
er the Mcnamara do or not
Men fairly close 90 the McNamaras
to-day said there Wsrs small chances
that James a. who received a ufe
sentence. would tain before tho grand
jury 90 an extent that would lmpli-
cate any one else
Would lmpiieate No one.
The Mcnamara are not going 90
implicate any one" eaid one Of their
counsel They nrc not coing % ap-
pear before the srand jury" An on
Ger Of the state is also inclined 90
this view
Commitments to take tho men 10
the penitentiary we're made up yes
terday. but were not served They
will be held until the rraud jury qucs.
ton is settled.
clerk Monroe. OF 1udgc TSrdVcjrs
court. appeared to-day before the
Judge with stack Of feierrams and
letters which had accumulated since
last FRIDAY. when the McNamaras
confessed
no you wish TO- see these Judge
h. asked
mo" D. said you may kccp
them
Many oi the letters demanded the
death penalty for Iame. o. McNama-
m and some bore signatures of local
labor unions They were destroyed.
Grand Jury % Meet
Tho course che FcderaI grnrd IurJ
will take when be- begins tomorrow ifs
work ON the alleged Couspiracr 20
dvnamite various buildings throurhouf
tho country may hc confined 90 the
explosions. which occurred ON the Pa.
cifc coast Indianapolis. .t waa said
couid take care of the rest
A report that Milton 4 Schmidt and
David Caplan. indicted here 'or mur.
(contuusd on Seventh PsVsl