The Birmingham age-herald., 1911-12-03

movement, which today stands out fore- most as the reason for the abrupt conclu- sion of the trial which was begun nearly two months ago.
 Unexplained Incidents
 But despite this. chain of unexplained incidents produced wide speculation. These include the arrest of Burt H. Franklin. a defense detective. on a charge of brbing a prospective juror the silence maintained by the prosecution as to the origin of the S40Qo secured at the time or the arrest. the mysterious appearance yes terday at the district attorneys office Of Lawrence Sullivan, a detective, the sub sequent perturbation of the prosecution when it was discovered that SulliNans $ visit had become known to outsiders. It was the sequence with which things happened shat drew forth most cuflosl'S today. How long did counsel for the dF- fense know of the guilt of the defend- ants: when was the compromise first broached and what of the bribery charges that were made in the midst of the nego- tiations for a settlement of the trial. these were questions that were generally pro- pounded.
 As far as the district attorneys office is concerned the defendants pleaded guilty because they were guilty'-that was the explanation of District Attorney Fred ericks.
 'As to what things induced the defense to yield" he declared, that Is some thing alone which they can explain Many members of the district attorney s office however, were of the opinion that the defense had been forced to stay it's arm as a result not only of the evidence which was gathered by it's men, but of ~ Franklin bribery case might have upon the chances of the McNamaras. That the Franklin incident forced the acceptance of the compromise by the defendants themselves is still believed in many quar- ters.
 I've had a strong case whichever way you look at it said Assistant District Attorney G. Ray Horton.
 Physical Condition
 On the other hand. those whc partici- pated in the movement to influence the defendants to yield, the MeNamaras and their attorneys saw the handwriting on the wall and became convinced that a much better solution for all concerned than trial could give would be reached by mutual agreement at this juncture.
 One of the factors winch is said to have ertered strongly into .the matter Is the physical condition of James B. McNa- mara, the younger brother. Fears have been expressed by some who knew him that though he faces life sentence, his years are numbered. Carelessnss in car ing for his physical welfare Is said to have weakened his heart The possibil- ity of the appearance of heart trouble while the trial was in progress had been discussed by his counsel Once when a juror was excused on account of illness, Attorney Darrow. it is recalled, suddenly exclaimed: "I hope nothing happens to James B, He does not look well.''
 Pronouncement of sentence now Is in the hands of Judge Walter Bordwell. The tions, and usually they are accepted. But the court is by no means bousd to im- pose the sentence suggested.
 Judge Walter Bordwell would not talk for publication today in this con necction, but it is said he favors life Imprisonment for James B. McNamara and a few years for John J.
 To Quash Indictments
 The indications against John T. for complicity in the Times disaster are expected to be quashed on motion of the district attorney next Tuesday. IS it is said John J. himself did not d. rect the blowing up of the Times. He has pleaded guilty to the charge of having caused the Ilewellyn Iron works explosion, in which no lives were lost. The minimum charge for the offense, according to the statute is one year, and there is no maximum penalty fixed.
 Under the penal code Ortie F. Me Manigal will be sentenced, as, he is eX- pected to plead guilty to a similar charge of having wrecked the plant of the I.lewellyn Iron works.
 The total cost to the state thus far of the trial is estimated to be close to s20O,000, and the abrupt ending of it is calculated to save the county nearly s1 100000.
 Ii was reported today the compro- mise did not extend to the abandon ment of bribery charges against Burt H. Franklin. Tt is our duty to prose- cute this case declared District Ali torney Fredericks.
 Telegrams of various kinds began to pour in from friends expressing sympathy
 The prisoners told the bailins they were glad the ordeal was over.
 Manner of Explosion
 One of the things around which ih- terest still centers is the exact man uer in which the explosion was accom- plished The alarm clock device with its Illuminating cap touching off the nitroglycerine bomb now is accepted by the defense as the method by which James B. destroyed the Times, but At torney Darrow remarked that the amount of explosive in the box could not have caused the wreck entirely The bomb exploded and gas was lS- nited The fire began to eat up what the explosion had not destroyed This is Attorney Darrow's explanation, and it is believed that James B. cannot throw any more light on the subject, as he is supposed to have left town Immediately after setting the alarm clock bomb under the Times the att- ernoon preceding the explosion
 'T tell you James B. never really in- tended to kill any one" declared MT. Darrow but I'm not excusing hlm on that ground. If q man, while committing burglary, meerly overturns lamp that burns a building and occupants. he is responsible for all of it..
 Jurors Happy
 It was a happy coterie of 10 men, com- prising eight sworn jurors and two. tales men passed for cause, who spent today at their homes, relieved from serving on