The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-10-27
GOVERNMENT LIKELY
TO TAKE HAND
IN CASE
STATUS OF M'NAMARA BROTHERS
MAY BE CHANGED BY THE
FEDERAL JURY.

Los Angeles. Oct. 26.--Reports from
indianapolis today that "A federal grand
jury would investigate the so-called
Mcnamara dynamiting cases supplied
a theme for consideration By counsel
for the cefense OF John J. and James
h. Mcnamara and attracted attention
IN the office of District Attorney John
y. Fredericks as well Clarence 8.
Darrow. chief of counsel for the de-
fense. telegraphed to indianapolis for
more information.
lull In court procedure today
while "A new venlre was being sum-
moned gave opportunity for consider
alton of the situation II was con :
ceded that the whole general aspect
OF the case might he altered by pros
pective action of the federal author
tiles and that James II. Mcnamara
and. John j. Mcnamara under 10 In
dictments for murder In connection
with the destruction OF the Los
Angeles Times building. may enter up.
on an entirely changed legal status
TWO main situations were regarded
here tonight as possible To result from
the Indianapolis investigation. II was
acmltied In the first place that the
investigation. regardless OF it's out
come. might make IL easier for the
prosecution to institute proceedings by
which to obtain certain books and rec
ords. which the Indiana authorities
have refused tn give up. This evil
dence js much desired by District At
torney Fredericks and lack of II was
said To have been one OF the reasons
why James Il. McNamara's case was
tricf first
The second possibility also has to do
| with the fact that the state elected
to try James first instead Of John
The trial now In session may last wei
into next summer. during which timf
John ] Mcnamara ordinarily would b,
=, kent in Jail here except for the pc.
RODS when he might be called to ties
tIfv In his brothers defense-a possi
bllty which has been considered
without elicitlng any statement from
the defense.
Should an Indictment result from th'
indianapolis investigation. there i
legal possibility that he would be tax
on back there. This could be done un
der an order from a United state
| commissioner after hearing insti
tuted upon receipt Of certified con
of the indictment. Such action wonl'
ralse again the question of McSa
mara's extracitlon from Indiana L
California.
'In ease the commissioner shoui
decide that evidence warranted the re
moval OF the prisoner, whether h
/ would STAY here until after trial o
go tn indianapolis first would he
matter OF comfy between the count
and federal authorities, said Unite
States District Attorney A. | Nc
cormick. discussing this aspect of III
case. "Nei,her side necessarily wonl
have a prior right"
Mr.. Mccormick said he had receive
no information concerning the cas-
from the eastern federal authorize
nor had he sent any to them,
District Attorney John y. F're6erlef
admitted that the Indianapolis invest
cation had been known to him Il
. some time.
There are some features of II
case In which the federal governmei
no doubt would be interested was h
comment
, John J. Mcnamara. the man imm'
, diately concerned, would not talk abo,
, the new phase OF the situation.