The labor journal. [volume] (Everett, Wash.) 1909-1976, 1911-06-16
How Hand is
Dealt Out
ATTORNEYS FOR THE M'NAMARAS
SHOWN ANOTHER CAPITALISTIC
TRICK-PENAL CODE is JOBBED
BY LEGISLATURE.
lBv National Socialist Press.l

LOS ANGELES, Calf, June l5.-
John j. Mcnamara and his brother,
James, narrowly escaped one of the
traps set by the capitalist courts for
the operation of an amendment to the
penal code of California adopted by the
recent legislature, the prosecution is
not compelled to furnish the defense
with transcripts of the evidence under
which indictments are returned until
five days before the trial begins.
This law was not in force few
weeks ago when the McNamaras were
arraigned, though it was aimed at just
such cases. Had the law been in eff
feet at that time the defense would
have been almost hopeessly swamped
in an effort to analyze the evidence
and get any start toward framing a
defense before the first day of the
trial
In the Mcnamara case there were
1900 folios of evidence delivered to Job
Hartman the day of the arraignment.
1t took several days to make duplicate
copies of the evidence for Clarence
Darrow and the other attorneys for
the defense
The amendment to the penal code
was framed in Los Angeles and it was
sent to Sacramento to be introduced
by northern senator in order to keep
the fact that it was Southern Cali
fornia capitalist measure from being
known at the capital. This was one of
a score of proposed amendments to the
penal code that were calculated to in
crease the severity of the law and make
more difficult the defense of working
men who fall into the clutches of capi
talist lawyers.
The operation of this manifestly un-
Just law was invoked for the first time
today when Job Hartman and Le-
fense of F. Ira Bender, Bert Connors
and A. B. Maple, charged with compile
ity in an alleged attempt to dynamite
the Hall of Records last September,
were arraigned. The prosecuting at
torney refused to deliver transcripts
of evidence under the operation of the
new amendment. The defense claimed
the law was not effective in this case
as the offense alleged was committed
and one of the men had been arraigned
before the legislature adopted the
amendment to the penal, code.
This plea was overruled and the de-
fense given no testimony and no in
timation as to what the men are ac-
cused of beyond the bare charge. A
further appeal win be taken and an
effort to force the district attorney to
supply the evidence will be made. The
operation of this Infamous amendment
has been shock to scores of lawyers
who are now awake to the conspiracy
that was hatched before the legislature
was convened.
Bender, Connors and Maple were as
rested and held on testimony of one
J Mansell Parks, stool pigeon of the
detectives who made the arrest. Parks
was arrested and said to have made a
confession. This was proved to be a
part of the plot to get Connors and
others to make statements likely to
incriminate themselves and others.
None of the workers made any confess
sion, saying they knew nothing of the
affair and had nothing to confess.
Daily newspapers played up stories of
confessions and identifications by Con-
nors. The iron worker said he had
been subjected to the third degree,
but that he had not confessed, as he
knew nothing of the alleged dynamit-
ing attempt.