Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-11-23
THREATS NOW USED
Burns Says Bribery Failed in
the Mcnamara Case.
SCORES SAMUEL GOMPERS
Says Nne-Tenths of Organized Labor
Is Opposed to Employment
of Violence.

NEW ORLEANS, November 23.-Wit-
nesses for the prosecution in the Los
Angeles Times dynamiting case have been
threatened with death after having
withstood repeated efforts Of agen B Of
the defense to bride them. declared VIII
liam ]. Burns, the detective. in an ad-
section of the American Bankers Asso-
citation.
Mr. Burns bitterly arraigned Samuel
Gompers, president of the American
Federation of Labor; Eugene v. Debs
and other "would-be leaders Of organized
labor. but declared that nine-tenths of or
ganized labor is opposed to violence, and
not in sympathy with efforts of the small
socialistic element to destroy organized
society and lessen respect for the laws
of the country.
Appeal Of the Case.
LOS ANGELES, Cal, November D.
With frequent wrangles in the examina-
tons of jurors to try James B. McNa-
mara for the fatalities resulting from the
Times explosion and the noting of ex-
ceptions by the defense to many rulings
Of the court, discussion turned today
among the lawyers in the courtroom to
the possible effect on the case Of the new
constitutional amendment adopted last
month regarding the granting Of new
trials.
The defense has taken the position that
it will ignore the new amendment, and
set itself as vigorously in the record for
an appeal in case Of conviction as If the
new act had not existed. It became
l. t<,Ia hat ,ID,-r 80 b. -
Bar Association at, their meeting at
Sacramento a week ago discussed in
formally Ale new amendment, and doubt
existed as to its future Interpretation.
Might Cause Trouble.
Clarence S. Darrovs chief Of counsel for
the defense learning of this, also gave
his views today on the amendment, and
although he is not worried about the
phraseology Of the amendment, he ad-
mitted that 1t might cause some trou-
BILE in case Of the conviction Of Nc
Namara and an application thereupon
for a new trial
The amendment when passed. though
it attracted little general attention. is
said to be the first of it's kind en-
bodied in a state constitution in this
country.
1t reads:
mo judgment shall be set aside or
new trial granted in any criminal
case on the ground of fnisdirection Of
the jury or the improper admission or
rejection of evidence or for error as
to any matter of pleading or procedure
unless, after an examination of the
entire cause, including the evidence
the court shall be of the opinion that
the error complained of has resulted
in miscarriage of Justice"
Error Must Affect Verdict.
This amendment from the minds of
prominent lawyers unequivocally sweeps
out of use the practice Of obtaining a
new trial where irrelevant errors or tech
nicalities occur. 1t is held that the So
called doctrine Of presumed prejudice,
which assumes that every error In the
record is manifestation of prejudice on
the part OF the court, and hence Is ground
for setting aside judgment. no longer
can live, for the new amendment sttpu-
lates that the error complained Of must
be shown to have directly affected the
verdict Of the jurors.
Today's task in the Mcnamara trial was
TIE blaming of two talesmen satisfactory
to both, sides to fill the jury box for the
third round premptory challenges, OF
which the defense has eleven out OF
twenty left and the state five out Of ten.