The labor journal. [volume] (Everett, Wash.) 1909-1976, 1911-07-14
(By National Socialist Press.) J

(By National Socialist Press.)
Los Angeles, Cal, July l3.-Counsel
for the defense of John Mcnamara and
his brother James started their part of
The great trial by moving that all in
dietments against the former be set
no jurisdiction in the case and that all
indictments against James B. Mcnamara
be quashed on the grounds of illegality
of procedure and bias on the part of
the grand jury.
| A large number of reasons We're given
why the indictments should be set
aside and it will take the court several
days to reach a decision on the argu.
ments.
Judge Walter Bordwell's department
of the superior court was crowded to
the doors when the accused union men
were brought in. The little room scarce
| ly held 200 persons and thousands were
turned away.
The Mcnamara boys sat in the jury
box. John looked strong and vigorous,
his face was ruddy, his eye clear and his
step buoyant. He looked calmly around
the court room and was at perfect ease.
He kept close watch on all proceedings
and not a word or 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 statement
before congressional committee, com
mitted perjury in the matter of the
lrequisition of the McNamaras. The
prisoner calmly met the gaze of the man
who made the false oath and afterwards
assisted in his kidnapping. Ford's eyes
fell and he looked around shiftily. John
smiled almost imperceptibly as he looked
at the prosecutor who was forced to look
away.
| ne ueltUSc III a. W 9Ne
aside the Indictment against John j
Mcnamara went at length into the whole
story of the perjured Ford affidavit, the
lying telegram of Burns, the felonious
theft of man and the deep laid con
spiracy against the labor leader.
In reply preliminary to filing de
at,f
wherein he cited number of cases
where kidnapping by detectives and law
yers had been declared legal by the
court He cited the various time hon
ored cases where it had been declared
Illegal to steal horse but made to ap
pear legal to go into an adjoining STATE
and steal the man who was charged
with the theft of the animal.
Ford cited the infamous decision il
1.-THE Meyer Haywood -Pettibone kidnap
ping in order to justify the felony com
! mitted in this case and went square OF
record in the attitude of; mo mattel
what crimes were committed to get thes'
men here, they are here. In mentloh
J ing the case Ford said at least one mem
! Der of counsel for the defense was fa
miiar with the Haywood case, and th'
statement was Immediately taken up b,
Darrow, who remarked grimly that h
had a distinct recollection of the ease.
e The whole argument showed tina
] Burns and Ford knew what they wer
r doing when by lying statements an
+ kilograms they secured the requisitio
: papers for the possession of man VIII
was not under arrest for several day
after the prosecutor had sworn that b
was held in custody in Indiana.
When the indictments had been rea
attorneys for the defense filed in eac
case a plea and answer on behalf of Il
defandants but the answer was in effe'
motion to set aside the indictments
= Attorney Joseph Scott read aloud q
answer and he made Ford squirm u