Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-12-07
Severe GriIIing Administered By
Judge BordweIl in Passing
Sentence Has Made Guilty
Brothers Defiant,
EVIDENCE WOULD BE
VALUELESS ANYWAY
Federal Prosecutor of Opinion
1t Would Not Be Worth While
to Take Them Before the
Grand Jury,
rnr Manning Iournal specIal Leasta wIre.l

iBy Morning journal Special Leased Wire.l
.os Angeles, Dec. 6.-Whether or
not John j. Mcnamara and his broth
er James, now awaiting commitment
10 san Quentin penitentiary, would tell
enough about other persons to make
il worth while to take them before a
federal grand jury was a question
under serious consideration by officials
here tonight. Up to late hour the
grand Jury subpOenas had not been
issued although Special Prosecutor
I.awlor who has been especially as
signed TO this case by Attorney Gen
ernl Wick ersham, had a long talk with
the two men earlier in the day, whil
Sheriff William A. Hammill sat by.
Question was raised today as to
whether a confessed felon could be
allowed to testify before the grand
Jury and if not, whether the testimony
of the McNamaras if given, might in
validate subsequent indictments.
MY personal opinion is that II
wouldn't do any good, said Lawler
when asked about it.
what Is the law" he was asked.
"There probably is considerable law
on t." he replied
Attorneys connected with the Nc
Namara case said there was no doubt
on the subject and that the only rea-
son for which the McNamaras might
not be called would be that it would
do no good.
ANY one can testify before grand
Jury state or federal said Attorney
Joseph Scott, off-hand. However, a
convicted felon, after testifying be-
fore grand jury, could not so into
court as witness to substantiate what
he had told the grand jury. The busi-
ness Of the grand jury is TO get In
formation and the members can get
il where and from whom they see tit.
The question of the sufficiency of the
information on which indictments are
returned cannot be raised.
Lawor had a conference today with
Malcolm McLaren, agent of the de-
tective agency which arrested the
McNamaras and Ortie E. McManigal
at which the free and easy confes-
sions of McManigal were considered
McManigal probably will appear be-
fore the federal grand jury whether
the McNamaras do or not.
Men fairly close to the IcNamaraS
said today that there was small chance
that James r. Mcnamara, who re-
ceived a life sentence, rubbed in
bv "A scoring from Judge Walter Bord-
well, would talk before the grand jury
TO an extent that would implicate any
one else
The usual course where grand jury
Witnesses refuse to talk, is to go aheat
with contempt proceedings, but these
would hardly do any good, because
Jail sentence is of small moment t'
man already under sentence for life
James b. Mcnamara would have Il
serve seven years at the very leas
before he can be paroled, which Is
long time away from the present In
vestigaton. John j. Mcnamara on th'
other hand may be paroled after ;
year and of course, could be pardon
ed at any time the governor saw Fl
to let him go. There is nothing to in
but il Is technical possibility.
"The McNamaras are not going t
implcate any one" said one of tn
counsel. "They are not going to ap
pear before the grand jury
An official of the state also inclin
ed to this view
Commitments to take the men t.
the penitentiary are ready
They were made up in a hurry yes
terday, but were not served, becaus
if they had been the brothers woul'
have had to be started north las
night. They will both wait until tn
grand jury problem is settled.
Clerk Monroe of Judge Bordwelr
court appeared today before the judg
with big stack of kilograms and let
ters which have been accumulatin
cince last Friday, when the McNam
afas confessed.
DO you wish to see these, Judge ?
he asked
The court smiled
NO. he said you may kee
them"
Many of the letters demanded tn
death penalty for James b. McNam
ara and some bore signatures of loo
al members of the labor unions.
They were destroyed.
What course the federal grand jur
VIII take when it begins tomorrow il
work on the alleged conspiracy
dynamite various buildings through
out the country may be confined {
those explosions which have occurre
on the Pacific coast, or are believed
nave been actuated by residents {
coast cities.
Indianapolis authorities. 1t Wa
pointed out today could take care {
the rest.
a report that Milton A. Schmi(
ana David Caplan, indicted here fC
murder in connection with the Tim,
uynamitlng, were about to be arres
Gu IN the east. aroused great interes