Arizona republican., 1911-10-09

4
Another charged John ]. Mcnamara
with completely as co-conspirator in
the Llewellyn case. The other nine
teen true bills related to THE Times"
case. alleging that nineteen of the
twenty victims were murdered by John
| ]. Mcnamara, James B. Mcnamara,
Milton a. Schmidt. David Caplan. John
Doe, Richard Roe and Jane Doe. The
Does and Roe, according to the prose-
cution, were placed in the list Of ac-
cused as a precaution in the event that
any other alleged conspirators are
| found.
Clarence s barrow took charge Of
the defense on May %. Mrs. McMan-
| igal entered the case two weeks later
She came to Los Angeles from Chica-
go
Later she was summoned to testify
before the grand jury, and for three
days she pitted her wits against those
Of the deputy prosecutor designated to
question her
On the second day detectives for the
prosecution brought McManigal over
from the Jail and confronted his wife
terview screaming in hysteria. Suisse
quently McManigal, in the presence OF
Burns detectives. gave a statement 70
reporters that the defense was using
! his wife to induce him to deny his tes-
timOny, but that he would stick TO the
prosecution. He also declared that ne
was not permitted To see. his children
because he would not change sides.
With Mr.. Darow's arrival in May.
plans for the defense were begun. The
time for tn McNamaras to enter their
pleas to the murder indictments was
deferred until July 8. but on that date
instead Of entering pleas. Mr.. Darrow,
backed by Attorneys Joseph Scott.
Cyrus McNutt and Lecompte Davis,
who had been retained with Hartman
to assist him. assailed the jurisdiction
of Judge Bordwell to try the case. This
attack was based on the alleged fact
that John J. Mcnamara had been lille
gally taken out of Indiana. When this
failed. they entered a motion To quash
the indictments. and when this motion
was denied, a bill Of exception. useful
as a ground work for an appeal should
such become necessary, was filed.
The pleas were then made-"not
guilty" to each Of the nineteen charg-
es-and the trial was set for October
IL
On certain points relative TO the
presence Of James Mcnamara in Cali
fornia. the evidence of the prosecution
is believed to consist mainly Of sig
natures on the registers of hotels
where Brice was a guest in Sausalito,
San Francisco and Los Angeles Hand
writing experts therefore will be prom
inent among the experts called in the
trial
II is believed here that three lines OF
defense are open, namely:
To establish an alibi. by proving that
James B. Mcnamara, the only one Of
the prisoners whom it is alleged actu-
ally placed the bombs in Los Angeles
was not here at the time of the disas-
ter.
Or to achieve the same result by
leaving the burden of proof upon the
state. and then demonstrating to the
Jury that the prosecution had not
proved that James B. Mcnamara was
in Los Angeles on or about October I,
1910
Or to prove that the destruction of
the Times" building was not caused
by dynamite but by the huge volume
of gas used for heating the metal in
the linotype machines of the news
paper.
The latter apparently is the line the
defense has chosen. and here will be
the battle ground OF the experts For
every expert the prosecution calls upon
to testify in support of the dynamite
theory, the defense will have no one to
do his best toward establishing the be-
lief that gas was responsible for the
disaster.
For weeks il is anticipated. the le-
gal struggle will be waged upon this
point The jury will be confronted by
maze of figures, theories and facts
| concerning the characteristics of dy-
Mantle and gas.
And at the end, when the exhibits
of bombs. clock work internal ma
chimes and dynamite sticks, now stored
in a magazine far out in the desert.
have been shown. and the whole story
of the tragedy unfolded the fate Of
the Mcnamara brothers. according to
students on both sides of the case
will depend upon the jury's answer TO
the question: Was it dynamite or