New-York tribune., 1911-12-03

had the goods. Thursday one of them
called me up and said some of them might
come TO see me.
''If YOU have any influence with them.
tell them to run along and tend to their
own business" | said, and they did not
come. Darrow and Davis came again, ana
they said they could not get the joint con-
fession. l told them in that case I'd go
ahead with the trial, and that I'd rather
proceed with it anyhow Finally they said
they would take my terms. and both men
pleaded guilty. That is the history OF the
negotiations.
As far as the defence is concerned
declared TO have been brought about
through the agency Of committee OF
influential citizens, and tonight mem
bers of a faction which is denouncing
the move tself agreed heartily that the
result was accomplished in this way
This fact turned out to be part of the
grievance. on the ground that no repre-
sentative Of labor was en- the commit
tee which aided in bringing to pass an
event considered of infinite moment to
labor organizations throughout the
United States.
Ortio Mechanical, who was TO have
been a leading witness for the state, ana
who is indicted Jointly with j. J. Nc
Namara for the dynamiting of the Lie
wellyn Iron Works. hopes for freedom
it was announced to-day.
Malcolm McLaren. representative ol
the special agency that brought about
the arrest Of the trio, said to-day that
District Attorney Fredericks had prom-
ised to try to get him off and would do
his best" The penalty in California for
dynamlting runs from one year TO life
McLaren said his information was that
James r. Mcnamara declared he har-
bored no resentment against McManiga'
now.
Attorney Davis, who was i'm the cor
ridor of the District Attorneys office,
declined to comment on Fredericks' s
statement.
As 10 Bert II. Franklin. the defence
investigator arrested on a charge OF
bribery. Fredericks said that the terni-
nation of this case might make read
iustment in counsel and said he thought
perhaps Ex-Governor Harry r. Gage, as
counsel for the defence. might drop out
and be replaced by Davis. 1T is our
duty to prosecute this case" he declared.
IF they ask continuance Monday
they shal have It, he said. He said lie
had not determined whether TO recon-
mend clencncy for the McNamaras, but
said that James r. McNau1ars would
make a complete statement Of the affair
TO the world. This statement, he said,
might 10 gwen out the day Of sentence,
which is next Tuesday.
District Attorney Fredericks said he
had not decided whether he would ask
for clemency. but he added: When a
man pleads guilty, particularly in this
case, II saves the state great deal of
money and work The state always is
willing to take this into consideration,
and is inclined TO look with leniency
upon the offender
Asked If it were true that the state
had Obtained from prospective witnesses
money supposed 10 have been given 70
them in such quantities that the total
practically eouallcd the amount Of the
rewards offered by the city, state and
county. in all about $4,000. Mr.. Freder-
icks said IT was more or less true
Effect Of Franklin Arrest.
Many members of the District Attorney s
staff were of the opinion that the defence
Lad been forced to lay down its arms. as
a result. not only Of the evidence which
was gathered by its men, but of the effect
which a conviction IN the Franklin bribery
case might nave upon the chances of the
McNamaras That the Franklin incident
forced tho acceptance Of the compromise
by the defendants themselves, is still be-
lieved in many quarters.
I'VE had very strong case whichever
way you look at IT," said Assistant Dis
trict Attorney G. Ray Horton
on the other hand those who participated
in the movement to influence the defen-
dants to yield through their counsel, hold
that the McNamaras and their attorneys
saw the handwriting on the wall and be-
came convinced that much better solu-
tion for all concerned than a trial could
give would be reached 10y 4 mutual agree
ment at this juncturc.
j. 3, Mcnamara in Poor Health.
one OF IN factors which is said 10 have
entered strongly into the matter is the
physical condition Of James y. Mcnamara,
the Younger brother. Fears have been eX-
pressed by some who knew him person
ally that. though he faces life sentence,
his years are numbered Csrelessness IN
caring for mis- physical welfare is said 10
have weakened his health.
John j. Mcnamara has admitted hereto
fore TO friends that James las not taken
the best Of care Of himself The posi-
bility Of an appearance Of heart trouble
while the trial was in progress had been
discussed by his counsel. Once, when a
Juror was excused on account Of illness,
DarroW, It is recalled. suddenly exclaimed:
II hope nothing happens 10 James p. He
doesn't look WELL
announcement OF sentence now is i'm the
hands Of Judge Walter Bordwell The Dis
trict Attorney can make recommendations,
and usually they are accepted, but the
court Is by no means bound TO impose the
sentence suggested. Judge Walter Bord-
well would not talk for publication to-day
in this connection. but ii Is said ne fayors