Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1911-07-13
Defense in McNamara case Al'eses
Mo Jurisdiction and illegal
procedure.
u7.Ey,RE HERE BECAUSE
THEY'RE HEREi"-FoRD.
PROSECUTORS Eyes Fall Beneath Steady
Gaze Of the Accused iron
+ Workers.
lNational. Socialist Press)

ond his brother, James, started tnelr
mart of the great trial BY moving that
a., indictments against the former pc.
cot aside on the grounds that the
court has no jurisdiction in the case
and that all indictments against
lanes B. McNamara be Quashed on
the ground of illegality of procedure
and bias on the part OF the grand
jury.
large number Of reasons were
given why the indictments should be
set aside and it will take the court
several days to reach a decision on.
the arguments.
Judge Walter Bordwelfs depart
ment of the superior court WAS crowd
cd to the doors when the accused un-
ION men were brought in. The little
room scarcely held 200 persons, and
thousands were turned away.
The Mcnamara boys sat in the jury
box, John looked strong and vigor-
Gus, his fact was rudy, his eye clear
and his step buoyant. He looked
calmly around the court room and
was at perfect ease. He kept close
watch on all proceedings and not a
word or a detail escaped him. James
looked thin and pale. He gained con-
fidence and reinsurance by talking
with his brother. Both the boys chat
ted pleasantly with the lawyers.
When the proceedings were begun
John looked at Joseph Ford. the man
who, according to Rappaport's state
ment before a congressional commit
tee committed perjury in the matter
of the requisition of the McNamaras.
The prisoner calmly met the gaze OF
the man who made the false oath and
afterwards assisted in his kidnapping.
Fords eyes fell and he looked around
shiftily. John smiled almost imper-
ceptibly as he looked at the prosecu-
tor who was forced to look away.
The defense in filing a motion to set
aside the indictment against John >.
Mcnamara went at length into the
whole story of the perjured Ford afi-
davit, the lying telegram Of Burns, the
felonious theft of man and the deep
laid conspiracy against the labor
leader
In reply preliminary to filing q
demurrer, Ford went into an aTgtl-
ment wherein he cited number Of
cases where Kidnapping by detectives
and lawyers had been declared legal
by the court. He cited the various
time honored cases where It had been
declared illegal and felonious to steal
horse, but made to appear legal to
60 into an adjoining state and steal
the man who was charged with the
theft of the animal.
Ford cited the infamous decision IN
the Moyer-Haywood- Pettibone KID
naping in order to justify the felony
committed in this case, and went
square on record in the attitude OF;
No matter what crimes were com
mitted to get these men here, they
are here" In mentioning the case
Ford said at least one member o.
counsel for the defense was familiar
with the Haywood case. and the state
ment was Immediately taken up By
barrow who remarked grimly that b
had distinct recollection Of the case
The whole argument showed tina
Burns and Ford knew what they wers
doing when by lying statements anf
kilograms they secured the reQuisitioH
papers for the possession Of maj
who was not under arrest for seTera
day after the prosecutor had sworI
that he was held in custody y
Indiana.
When the indictments had ibeei
Nt oV@OI uQyh AOI ttAS 0CASAAo0 ~.
IN each case plea and answer o.
behalf Of the defendants. but the an
swer was in effect motion To Sc
aside the indictments.
Attorney Joseph Scott read alou.
the answer and he made Ford sQuirn
uneasily in his chair when he lail
Particular stress on such lines as: "
J. Burns and W. ]. Ford entered int
wicked and illegal combination AM
conspiracy which had for It's putpos
the seizure and illegal extradition q
this defendant from his home 4
Inliana."
Scott made the most Of the readin
when be reached TIE point where q