Norwich bulletin., 1911-12-06
STATEMENT aY JUDGE.
Says James Is Willing to Take Death
 Sentence to Save. His Brother


 Los Angeles, Dec. 5-Judge Waiter Bordwe11 issued a formal statement late today giving his views as to 5n@ brought about it's termination. IEe statement follows:
 The Judges Statement.
 "In a spirit of indifference to every thing in the McNamara cases, save the facts and the law applicable there toI deem it due to. the court and to this community that I should make a brief public statement regarding -he circumstances. attending the aDrupt close of these cases, together with views as to such circumstances Thls is done in the hope of correcting, II possible, some misconceptions due tp erroneous publications, and particular ly to an article which appeared in local newspaper on the 22d inst. over the signature of Lincoln Steffen-
 Not Due to Steffen.
 Tn the first place, the claim or sug- gestion that the termination of the cases was due to the efforts Of nm self and other outsiders, who under took to influence the officers Of the court-other than the judge-is with out justification in fact.
 Did Not Influence Agreement
 T also wish to denounce the claims of that gentleman and of other per E6nS Tor nfrlx that IHe CD1DSC OL pieaS from not guilty to guilty was due 10 his efforts as groundlcsS and un- true. He is correct in the statement that the court was not party to any negotiations for what he terms a 'compI omise' of these cares, but there is no ground for any claim that he induced the prosecution to come to an agreement in the matter The district attorney acted entirely without regard to MT. Steffens and on lines decided upon before the latter appeared on the scene.
 Bribery Discovery Caused Change of
 Pleas.
 AS to the defense, the public can rely on it that the developments of last week as to the bribery and at B. McNamara case were the efficient cause of the change of pleas which suddenly brought these cases % an end The district attorney could have guilty long ago if he had been willing to dismiss the cases against his broth CT, but he refused, insisting that the latter was guilty and should suffer
 Propositions of Defense.
 "The first proposition from those in terested in the defense were that James B. McNamara should change his plea from not guilty to guilty on condition that he should not be sen 
 should go free. The district attorney would not agree. Afterwards emis- sares from the defense brought to the district attorney the proposition that James B. McNamara would plead gull ty and be sentenced to death If the court so ordered, provided that his brother should be saved. But the dis trict attorney still would not agree. sames Willing to Die to Save John.
 Those interested in the defense con tfx Ri aaVafea of hE last proposition for ten days or more kntil the bribery developments re- veaIed the desperation of the defense and paralyzed the effort to save John J. McNamara by sacrificing his broth CT. Then it vas that the change of the pleas of these men was forthcom- ing
 McNamaras Not 1.-Two Heroes"
 ''The notion preached in the Steffens article that the McNamaras in the commission of the crimes as confess ed by them, are two heroes is offen- sive to common intelligence and re- peIlant to the conscience of all just men-to s.tN nothing of the abhor- renee of the law for such sentiment and I am confident that the district attorney was not influenced by any such sentiment in considering the pro- osal that the defendants should with draw their pleas of not guilty Pleas Caused Mitigation of Sentence.
 Upon the entries of the pleas of guilty both defendants placed them selves upon the mercy of the court, and the responsibility and undi- vided-devoIved upon the court to de- termine the punishment That some mitigation of he extreme penalIies demandable by the outraged law might be expected in consequence of the change of pleas in these cases, is in accordance with the principle com monly accepted in the administration of criminal jurisprudence.
 Steffens a Professed Anarchist.
 That expectation has not been dig appointed h these cases. At the same time the duty of the court in fixing the penalties in these eases would have been unperforTned had it been swayed, in any degree. by the hypo thetical policy favored by MT. Stef- fens (who, by the way. is a professed anarchist), thar the Judgment of the court should be diverted to the pro- motion of compromise in the contro- versy between capital and labor
 The Lesson of the Gases.
 The lesson taught by the cases Is that the law must be vigorously en- forced against all cffenders-whether they be rich or poor. high or low, cap italists or laborers-and that only by obedience to the law can society be maintained or it's blessings enjoyed"