Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-14
M'NAMARA
TRIAL is SET
FOR OCTOBER

Times building, VIII go 10 trial Oc-
tober 10 next. This decision was
given by Superior judge Walter
Bordwell this morning.
The specific charge upon which the
trial will proceed is covered by in
dictment No. 5s45 relating TO the
death Of J. Wesley Reeves, an en-
ploye Of the Times at the time the
building was destroyed.
As soon as court opened long dis
cussion and sgarring for time was
started by the attorneys for the de-
fense. District Attorney John D.
Fredericks argued for the state. All
Of the defense attorneys except Job
Hartman. who did not speak, made
eloquent arguments to the court set
ting forth their reasons for asking
delay in the impending legal battle.
They stated that because Of the grav-
ity Of the case and the mass Of testi-
mony which would have to be han
died, December l. in their opinion,
would be a suitable date for the be-
ginning of the trial
Fredericks was on his feet at once
arguing against delay. He said the
prosecution would be ready TO start
inside of two weeks, but asked that
the men go to trial September /.
Judge Bordwell said he would
split the difference" and named the
October date.
Attorneys for the defense, after the
setting of the trial date intimated
that they would ask for separate
trials for the accused brothers.
All of the cases in connection with
the Times destruction will be called
October 10 and the IS other indict-
ments will be set over pending the
trial for the murder Of J. Wesley
Reaves, who was private secretary
to Harry Chandler, general manager
of the Times.
When court opened at 10 o'clock
this morning District Attorney Fred
ericks stated that so far as the state
was concerned, the case was ready
for trial amy time" For the defense
Attorney Joseph Scott then asked
that the date be set for December l.
An examination of the transcript
of the testimony taken before the
grand jury would reveal the neces-
sity Of considerable delay for the
proper preparation of the case for
the defense" he said. I'VE presume
the men innocent. From the examin-
alton Of the transcript We can get alb
solutely no idea OF the evidence that
can be introduced by the prosecution
to convict these men of the crime
charged except that of self confessed
criminal The first indictments were
issued absolutely without any evil
dence to speak of at all. That these
men were arrested on indictments
supported by such evidence and
rushed into the jurisdiction of the
California courts by such means as
were disgrace to the court. The
men should be given every advantage
in the preparation of their case"
AT this point Judge Bordwell took
exception to the remarks of the at
torney about the blot on the court
There was absolutely no occasion
for such a remark, Mr.. Scott" he
interrupted.
Assistant District Attorney Ford
jumped to his feet and entered a pro-
test
We object your honor. to such a
remark, and to the language of
counsel" he said.
81 am very sorry that you made
that remark" said Judge Bordwen
to Attorney Scott
Scott, however did not retract his
statement and went on with his ar
gument
Clarence barrow then presented
his arguments to why the trial should
not be set at an early date.
The case Darrow said. was ey-
am ned by the prosecution for seven
months before the grand jury re-
urTed the indictments, and this
with numerous witnesses and expert
sleuths' at their command.
III these men are found guilty Of
the crime with which they are
charged, it would mean certain death
The prosecution is prepared. We are
not Il District Attorney Fredericks
has the evidence that is claimed in
this case AMI If Detective Burns can
furnish IT, the prosecution can af-
ford a little wait"
Judge Bordeweg then named Oc-
tooer 10 as The date for the trial.
Following the adjournment of
court parrow stated thar the de-
Tense is fairly Well satisfied with the
Gate set
i guess wa could not have gotten
a later date any way" he said we
shall at once prepare for the trial.
AND aNneNt m 90 10 trial nr thn an.a