The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1911-07-13
Council for McNanaara
Bros. Makes a Motion
to Set Aside Indictment
Attorney Ford and Detective Burns
Score by the Defense

that the certificate was founded and
| must depend for it's effectiveness m
| on the false secitals therein contain
ed and particularly upon the false
statement of his assistant and sub
ordinate wherein he certified that
the fugitive is now under arrest in
Indiana"
The defense clearly set forth the
LEGALITY and irregularity of extra
dltlng man charged with a com.
paratively small ofrense OF conspir-
ing to create an explosion at the
l-ewellyn Iron works and then OTTER
ed to indict him on twenty-one
kidnapping the victim they proceed
charges of murder in connection
with the Times explosion
The whole detail of the Indianap.
ols farce was aired in the plea and
1t brought to the minds OF the ,e,r-
ers vivid story of wild scramble
to Set Mcnamara out of the state
without allowing him his constitu-
tional right of "a day in court,
Ihirty-ffve reasons were cited in
the motion to squash the indict-
ments in the case of J. B. Nc
Namara. Among them it was shown
that the grand jury did not follow
the procedure prescribed by tie
California penal code. A strong
reason advanced was the bias and
prejudice on the part of several of
the grand jurors who returned the
Indictment.
among those thus challenged are
Mier, Frasier, Carr and Matthews.
matthew's was particularly objec-
tlonable to the defense. While act
ing as President of the chamber Of
commerce at Covina he called a
meeting at which resolutions rela-
tive to the TIMES disaster and bit
ter toward union labor were passed.
1T was shown that Matthews was
Tor long time in the employ of
OTIS and it is believed he was still
IN the services of the TIMES when
the 1re occurred. 1t was further
shown that Matthews and several
other grand jurors were the guests
or Otis at his ranch during the time
the grand jury was in session.
Other grand jurors were shown to
De bitterly opposed to union labor
men and that their hatred has lasted
Tor several years; that many of
these men had publicly expressed
the selection of the labor hatcrs to
the grand jury.
The action of Earl Rogers, tie
notorious NJ. & NJ. attorney before
the grand jury was also made the
grounds for squashing the indict-
ments. The defense set forth that
rogers went before the grand jify
without proper authority ard both
represented the district attorneys
ofhce and testified as a witness
They also show that he gave illegal
hearsay and secondary evidence am.
that as prosecutor he disputed and
"rangled with the witnesses. ac-
cused several of lying and abused
and intimidated them
Los Angeles, Cal. July 12.-That
Burns method in breaking open
John J. McNamaras safe in Indian
apolis is not at all new is shown by
reference to the files of newspapers
showing where the Burns men in
San Francisco cracked the safe of
rat Calhoun a little over Two years
ago.
When John ]. McNamara's safe
was cracked, according to Rappa-
ports statement. valuable papers
and s422 were stolen thereirom and
the Burns thugs have made 10 pre-
feEse Of accounting for 1t.
AT the time the San Francisco
safe cracking took place Los An
Eeles TIMES was in the pay of
Calhoun, the notorious dailroad
president and accused briber. Otis
paper was bitter against Burns and
1t daily eNcoriated the detective for
his methods
In an editorial of March 80, 1903,
the TIMES said:
Bill Burns will probab find ont
before he goes much further that he
IS Just as amenable to the law-ius.
as amena'ble as any safe cracker"
That was long before Burns did
his kidnapping act for which he is
now under Indictment in Indianap-
oils. Burns is in hiding in England
Police Detective James Hosick OF
Los Angeles who is under indict-
ment in Indianapolis with Burns on
the same felony charge has not re-
Angeles and these is no apparent
attempt to apprehend him.