The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-02

attorneys saw Abe handwriting on the
wall and became convinced thaE a much
better solution for all conceTned than
trial could giEe would be Heached by
d mutual agreement at this juncture.
One OF the faetoIs which is said to
have entered stroksiy into the matter
is the physical CONDITION OF James B.
Mcnamara, the youngerS brother.
who knew him personally that though
he faces a life sentence, that his years
any way are numbered Carelessness
in caring for his physical welfare is said
to have weakened his heart. John J.
Mcnamara has admitted heretofore to
friends that James b. has not taken
the best of care of himself The pos
sibility of the appearance of heart trou-
bic while the trial was in progress had
been discussed by his counsel Once.
when a ge.-tleman of the jury was ex-
Darrow. it is recalled, suddenly ex-
claimed: Il hope nothing happens to
James B. He doesn't look WE'LL
Fate in the Judges Hands.
PrcnoUucement OF sentence now is in
the hands of Judge Walter Bordwell.
The district attorney can make recon-
copied but the court is by no means
bound to impose the sentence suggested.
Judge Walter Bordwen would not talk
for publication today in this connection,
but il is known he favors life imprison-
ment for James B., and few years for
John ].
completely in the Times disaster are ex-
pected to be Quashed on motion of the
district attorney next Tuesday, as it is
said John j. himself did not direct the
blowing up of the Times. while he has
pleaded guilty to the charge of having
caused the Ilewellyn Iron works ex-
plosion in which no lives were lost The
minimum sentence for this o1enSe, ac-
cording TO statute is one year and there
is no maximum penalty fixed. Under the
same section of the penal CODE Ortie E.
McManigal will be sentenced as he is ex-
peeted to plead guilty to similar indict-
ment for having wrecked the plant of the
Llewellyn Iron works.
The total cost to the state thus far of
the trial is estimated to be close to $780,
900 and the abrupt ending of it is calcu-
lated to save the county nearly one mil
lion dollars.
mise did not extend to the abandonment.
Of the bribery charges against Bert H. |
Franklin.
1T is our duty to prosecute this case !
day.
Regarded as Martyrs.
John J. Mcnamara and his brother
James B-expected a busy day kilograms
friends expressing sympathy. Many be-
ieved that the McNamaras offered them
selves as martyrs to a cause and became i
resigned TO their fate on that account
The AIcNamaras maintained their cheer
fulness today. Their calmness at the
moment of their confession had not been
forgotten by a startled public Those
who were present at the scene observed
a flush Of color on the otherwise pallid
face Of James B., while the rudy coun- |
tenance of John J. was unchanged.
The prisoners told the jailers they were /
glad that the ordeal was over A formal {
statement by them was looked for during
the day. One of the things around which !,
interest still centers is the exact manner /.
in which the explosion was accomplished. +
The alarm clock device, with its fu1minat- !
ing cap touching off the nltroglycer1ne |
bomb, now is accepted by the defense as /
the method by which James B. destroyed |
the Times, but Attorney DarroW remark |
ed today that the amount of explosive |
in the bomb could not have caused the |
gas was ignited The fire than began to |
eat up v hat the explosives had not de- I
molished. This is Attorney Darrows ex- !
PLANTATION, and it is believed that James
subject, he is supposed to have left
town Immediately after setting the alarm
clock bomb under the Times the afternoon b
preceding the explosion.
L tell you James b. never really IN
tended to kill anybody" declared Attor-
ney Darrow, but I'm not excusing him
on that ground. If a man while COM
hitting burglary merely overturns a
lamp that burns building and occu-
pants. he's responsible for all of it.
1t was a happy coterie of ten men
comprising eight sworn jurors and two
talesmen passed for cause-who spent TO
day at their homes, relieved from serving
on the Mcnamara jury, a task that was
distasteful to all.
For two of the jurors It was the first
taste of freedom for six weeks. The
Jurors were delighted with the turn of
affairs. They were not in the court room
when the pleas of guilty were entered by
the defendants, and when Informed sub
seouently by Judge Bordwen of the ceSSa-
ton of proceedings, some of them forgot
the gravity of the occasion and actually
clapped their hands for joy