Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-12-07
JUDGE BOROWELL
! GIVES HIS VIEWS
Formal Statement of What
Brought about Termination
of Mcnamara Case.
STEFFENS HAD NO INFLUENCE
Bribery of Jurors the Principal
Factor-All Efforts of De-
tense to Save John j.
Were Unavailing.

Los Angeles, Dec. 5-Judge WaI'er
Bordwell issued formal statement Ia'e
to-day giving his views as 10 the MI
Namara trial and especially what prous"t
about it's termination Inc statement
follows:
I'm n spirit of Indifference to every
thing in the Mcnamara cases. save 'he
cots and The law applicable thereto,
deem it due to the court ana 10 inns
community that | should make a brief
public statement regarding the clrcuh-
stances attending the abrupt close Of
these cases, together with sufficient COM
ment to indicate my views as to such
circumstances. This is done in the hope
of correcting. If possible, some mis-
conceptions due to erroneous publications
and particularly to an article which ap-
reared in a local newspaper on the 2nd
instant. over the signature of Lincoln
Steffens.
I'm the first place, the claim or sug-
gestion that the termination Of the cases
was due to the efforts of himself and
other outsiders. who undertook to in
fuence the officers of the court, other
than the judge, is without Justification in
fact.
II also wish to denounce the claims
If that gentleman and Of other per-
tons for him. that the change Of pleas
from not guilty to guilty was due
to his efforts, as groundless and an
true. He is correct in the statement
that the court was not party to any
negotiations for what he terms n
compromise of these cases, but there
Is no ground for any claim that ne IN
iuced the prosecution TO come 60 an
agreement in the matter. THO dis
trict attorney acted entirely without
regard to Mr.. Steffens ana on lines de-
,ded upon before the latter appeared
IN the scene.
BRIBERY CHANGED CASE
"As to the defense, tho public car
rely on it that the developments OF
asst week as to the bribery and at
tempted bribery of jurors in the Jane.
T.. Mcnamara case We're the efficien
,ause for the change Of pleas which
suddenly brought these cases to al
End The district attorney could hav,
had James B. McNamara's pea o
guilty long ago If he had been willins
70 dismiss the cases against hi
brother but he refused. insisting tina
the latter was guilty and should suf
fer punishment.
"The first proposition from those inter
rsted in the defense We're that ames b
Mcnamara should change his Plea from
not guilty to guilty on condition tina
he should not be sentenced to death an,
that his brother should 90 free The dis
trict attorney would not agree
afterwards emissares from the de
tense brought to the district attorney til
propostion that James b. McNamar
would plead guilty and be sentenced I
death If the court so ordered, provide
that his bro.her should be saved. Blu
the district attorney still would no
agree.
Those interested in the defense con
tinued to ur.e his acceptance of the las
proposition ior 10 days or more and unit
the bribery Developments revealed tn
desperation Of the defense and paralyZe
the effort % save John J. Mcnamara h
sacrificing his brother. Then it was tina
the chang of the pleas of these men wa
Forthcoming
NEITHER MAN A HERO
"rhe notion hroached in the Steffen
article that the McNamaras, in II
commission Of the crimes as confesse
by them are two heroes is offensiv
f. common Intelligence and repellen
TO the conscience OF all just men, I
saw nothing of the adherence of tn
law for such sentiment. and I am con
tdent that the district attorney wa
not Influenced by any such sentimen
u considering the proposal that tn
defendants should withdraw thei
pleas of not guilty
upon the entries of the pleas c
guilty both defendants placed them
selves upon the mercy of the coui
and the responsibility, sole and ur
divided. developed upon the court t
determine the punishment Tha
some mitigation OF the extrcme per
Mites demandable by the outraged la
might be expected in consequence (
the change of the pleas in these case
/, in accordance with the principl
commonly accepted in the admin!
tration of criminal Jurisprudence.
THAT expec tation has not been dsa
uoiuted in these cases. At the same tin
tbe duty of the court in fixing the pena
Ties in these cases would have bee
,pperformed had it been swayed in al
dopree by the Hypothetical policy faVo
q by Mr.. Steffcns, twho by the way
81 profcssed anarchist, that the jud
mont of the court should be directed
the promotion of compromise in the co
,rovorsy between capital and labor
.,rhe lesson taught by the cases is tn
fine law must he vigorously enforc
nooinst all offenders, whether they
rich or poor, high or low capitalists
,aborers. and that only by obedicn
IN the law can society be maintained
Its blessings enjoyed