The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-06
Judge BOrdweIl Who Sat in the
Mcnamara Case
Issues a Formal Statement Re.
garding the Trial.
REPLIES TO STEFFENS.
Says the Writer Had No In
fIuence i'm Outcome.
Bribery, He Declares Caused the
Change of Plea.

Los Angeles, Dec. 6.-Judge Walter
Bordwell has issued a formal statement
I giving his views as to the Mcnamara
trial and especially what brought about
its termination. The statement fol-
lows:
In a spirit of Indifference to every
thing in the Mcnamara cases, save the
l facts and the law applicable thereto. 1
deem it due to the court and to this
( community that [ should make a brief
public statement regarding the circum-
stances attending the abrupt close of
these cases together with sufficient
comment to indicate my views as to
such circumstances. This is done in
the hope of correcting, if possible, some
miscOnce ptions due to erroneous pub
LEGATION and particularly to an article
which appeared in a local newspaper
on the 22d 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
influence the officers of the court, other
than the judge, is without Justification
in fact.
Without Regard to Steffens.
Il wish also to denounce the claim Of
that gentleman and of other persons
for him that the change of the pleas IN
these cases from not guilty to guilty
was due 10 MS euOrtS, dS SIOuHuASSS
and untrue. He is correct in the state
ment that the court was not a party
to any negotiations for what he terms
a compromise of these cases; but there
is no ground for any claim that he in
duced the prosecution to come to an
agreement in the matter The district
attorney acted entirely without regard
to Mr. Steffens and on lines decided
upon before the latter appeared on the
LAS to the defense, the public can
rely on it that the developments OF
last week as to bribery and attempted
bribery of jurors in the James 3. Nc
Namara case were the efficient cause /
Of the change of pleas which suddenly
brought these cases to an end The
district attorney could have had James
r. McNamara's plea of guilty long ago
If he had been willing to dismiss the
cases against his brother but he re-
fused. Insisting that the latter was
guilty and should suffer pun1s hment +
The first proposition from those inter-
ested in the defense was that James B.
Mcnamara should change his plea
from not guilty to guilty on condi-
ton that he should not be sentenced |
to death, and that his brother should |
go free.
I7redericks Held Out
1.-THE district attorney would not
agree Afterward ernissaries from the |
defense brought to the district attor-
nev the proposition that J. B. Mona !
mara would plead guilty and be SEN
fenced to death if the court so order /
ed. provided that his brother should /
be saved But the district attorney
still would not agree. Those interest /
ed in the defense continued to urge |
his acceptance of the last proposition
for ten days and more and until
bribery developm ents revealed the {
desperation of the defense and para /
lyzed the effort to save John ]. Nc !
Namara by sacrificing his brother. +
Then it was that the change of the /
pleas of these men was forthcoming. |
The notion preached in the Steffens |
article that the McNamaras in the |
com mission of the crimes as confessed |
by them are two heroes is offensive |
to common intelligence and repellant !
to the conscience of all just men-to |
say nothing of the adherence of the |
law for such sentiments; and I am
confident the district attorney was not |
Influenced by any such sentiment in |
considering the proposition that the
defendants should withdraw their !
pleas of not guilty
The Common Practice
Upon the entries of the pleas of
guilty both defendants placed them
selves upon the mercy Of the court
and the responsibiltty-so and undi-
vided-devolved upon the court to de-
ternline the punishment. That some
mitigation of the extreme penalties
demandable by the outraged law
sequence of the change of pleas in
these cases is in accordance with the
principle commonly accepted in the
administration of criminal jurispru-
.'That expectation has not been disap-
pointed in these cases. At the same time
the duty of the court in fixing the pen
alties in these cases would have been
unperfOrmed had it been sWayed, in any
degree. by the hypothetical policy favor
ed by Mr. Steffens (who by the way. is a
professed anarchist1 that the Judgment !
Of the court should be directed to the
promotion of compromise in the contro-
versv between capital and labor.
The lesson taught by these cases is
that the law must be vigorously enforced
against all Observation-Disclosures they be
rich or poor. high low. capitalists or
laborers-and that only by obedience to
the law can society be maintained and its
blessing enjoyed.
Steffens Comes Back
Los Angeles, Cal. Dec. 6.-Lincoln Stef-
fens has issued a statement declaring
Judge Bordwen to be right in saying he
did not bring about the reversal of the
when he says I claimed the credit Cor
the blame) for it
1T would be unfortunate" observed
the statement IF a fine big public act.
which rightly carried out, might spread
and a better feeling over
a sore spot in our civilization. should be
degraded into a personal controversy as
to whom the credit Tor the blame) was
due
II would rather go to the penitentjary
with the Mcnamara heroes as I said
labor called them. not II, says the state
ment. than to share with Judge Bord-
we'll and District Attorney F'redericl1s the
responsibility for the disgraceful scene III
court today when they represented the
state and a Christian civilization as say
ing that not mercy but wisdom and the
saving OF money kept them from killing
jim; not charity but-the very passion