Arizona republican., 1911-10-27
SAM ID
 TAKE A HAND
Federal Court Starts an In vestigation of the Dyna- hitting of the Los An geles Times Newspaper Plant.
MAY AFFECT THE
 MCNAMARA TRIAL

Il INDIANAPOLIS, Ind, Oct. 26-- That the federal government has en- | tered upon an investigation through the department of justice, of the so called McNamara dynamiting cases became known here today. A sub- poena was served on Frank P. Baker, prosecutor for the county to appear before the local grand jury Novem- Der :, and bring with him all the evidence in the form of books, docu- ments, dynamite and exploding ap- paratus seized in raid on the of fices of the International Association ' of Structural Bridge and Iron Work CTS at the time of the arrest of John J. McNamara, secretary treasurer of | the association. Other subpoenas have been issued for the appearance of persons thought to have knowledge {, of the circumstances of the raid and the finding of the dynamite.
 LOS ANGELES, Oct. 26.-Reports from Indianapolis that the federal grand jury will investigate the so- called McNamara dynamiting case was made the focus here for con-
 
 in the trial of James B. and John J. McNamara,i and also attracted the att tention of officials of the district at torney's office. Clarence $. Darrow, chief counsel for the defense, tele- graphed Indianapolis for more in formation.
 It is conceded that the whole as- pect of the case may be altered by the prospective action of the federal authorities. Though it may not make any immediate difference in the trial of James B, now going on, the case of John J. may enter upon an entirely altered legal status. The prosecution admitted the proposed action might make it easier for them to secure pa pers, books and other records which are now held in Indianapolis and which the court there refused to give up This evidence is much desired by the prosecution, and lack of it, is said to. be one of the reasons why James B. was placed on trial first. The trial now in session may last well into next summer, during which time John J. will remain in jail, ex cept at such times as he is called as a witness on behalf of his brother. Should an indictment result from the investigation in Indianapolis, however, there is a legal possibility that he may be taken back there. But such a question would again raise the matter of the McNamara's extradition from Indiana to California.
 District Attorney Fredericks today stated that he has known for some time the matter was likely to be taken up in Indiana. Today's session of court lasted 35 minutes. One talesman was examined and excused, and court adjourned until tomorrow pending the summoning of an extra venire of 40 names.
 Besides Prosecutor Baker, subpoenas were issued for the appearance of Superintendent of Police Martin Fly land, Captain of Detectives William Holtz, C. E. Freeman and J. C. Tal- bolt The latter two are expert ac countants engaged in going over the books of the Iron Workers associa- tion under the direction of the pros- ecution The action on the part of the government follows a ruling by
 
 Judge Joseph Markey of the criminal court, denying the petition of States Attorney Fredericks of Los Angeles, for the removal to Los Angeles of evidence collected here for use in the trial of James B. McNamara, now proceeding. Judge Markey decided no method was apparent by which such evidence could be brought back to this county if needed in the trial of John J. McNamara on an indictment re- turned here against him for alleged conspiracy to dynamite. Attorneys and others speculated whether, when 1 the federal jury took charge of the evidence a petition for it's possession by the Los Angeles authorities would lie in the federal court It is said that the federal grand jury inquiry willbe to ascertain if the statute against conspiracy to transport from one state to another dynamite for unlawful purposes has been violated.