Omaha daily bee., 1911-12-06
WRITER'S CLAIM GRoUNDLEss
Plans We're Initiated Before He
Appeared on the Scene.
SOUGHT TO PhOrECT JOHN ].
James B. Mcnamara Was Ready to
Confess Long Ago.
NO COMPROMISE IS INTENDED
Duty OF Court Would Have Been
UnperfOrmed had il Been Swayed
by Policy Favored by Pro-
fessed Anarchist.

Los ANGELES, Cal, Dec 5.-Judge
Walter Bordwel issued a formal state
ment late today, giving his views as 10
the Mcnamara trial and especially as
to what brought about its termination.
That statement follows:
In spirit of indifference to every
thing I'm the Mcnamara cases, save the
tacts and the law applicable thereto, 1
deem 1t due to the court and to this
community that 1 should make a brief
public statement regarding the circum-
stances attending the abrupt close of
these cases, together with sufficient COM
ment to indicate my views as to such
circumstances. This is done I'm the hone
OF correcting, If possible, some miscon-
ceptions due to erroneous publications and
particularly to an article which appeared
IN local newspaper on the 22d instant
over the signature of Lincoln Steffens.
In the first place, the claim or, sug-
gestlon that the termination of the cases
was due to the efforts of himself and
other outsiders who undertook to influ-
ehce the Officers of the court-other than
the Judge-is without justification in
fact
Claims Untrue.
L also wish to denounce the claims of
that gentleman and of other persons for
MIN that the change of pleas in this
case from not guilty to guilty was due
TO his effort, as groundless and untrue.
lie Is correct in the statement that the
court was not a party to any negotiations
Tor what he termed a compromise of
these cases; but there is no ground for
any claim that he induced the prosecu
ton to come to an agreement in the
matter. The district attorney acted an
urely without regard to Mr.. Steffens ana
ON lines decided upon before the latter
appeared on the scene.
As to the defense. the nublic oor ,..,,.
on it that the developments of last ,yaai,
as to the bribery and attemntsd hr,har,,
Of jurors in the James n. MonJa ,,s =,
case We're the efficient causes of the
change Of pleas which suddenly brouYh,
these cases to an end. The. dtstritt at.
torney could have had James II Nc
Namara's plea OF guilty long ago ~ n.
had been willing TO dismiss tbs ooao
against his brother but he refused in
sisting that the latter was eniltv ava
should suffer punishment.
The first propositions from tboss IN
terested in the defense were that James
Shouiu CndnBe his plea
Irom not guilty to guilty on condition
that he should not be sentenced to death
and that his brother should 20 free. Tho
district attorney would not agree.
Afterwards emissaries from the do.
lehse brought to the district attorney the
proposition that James b. Mcnamara
would plead guilty and be sentenced IN
ueath II the court so ordered, providing
mat his brother should be saved Rut
the district attorney still would not agree
bribery Revelations Cause.
Those interested i'm the defense contin-
ued to urge his acceptance of the last
proposition for ten days or more, and
until the bribery developments revealed
the desperation of the defense ana nara
lyzed the effort to save John ]. Mona
mara by sacrificing his brother. Then
IL was that the change Of the pleas of
these men was forthcoming
The notion broached in the Steffens
article that the McNamaras in the com
mission of the crimes as confessed bv
Them, are two heroes is offensive IN
common intelligence and repelIant to the
conscience OF all just men-to say nothing
OF the adherence of the law for sucb
sentiment; and l am confident that the
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