Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-12-07
WILL THEY TESTIFY?
CONTINUED from Page one.)


to alleged misuse Of the mails the
bribery might also be called TO the at
tention of the federal grand jury.
Los Angeles, Dec 6--Whether John
j. Mcnamara and his brother, James
b. Mcnamara. now awaiting commit
ment to san quentin pententiary
would tell enough about other persons
to make it worth while to take them
before Il federal grand jury was
Question under serious consideration,
tonight, by officers concerned.
Grand jury subpoenaes had not been
issued. tonight, although Oscar Law
LEI. who has been specially assigned
TO this case by Attorney General
Wickersham, had long talk with
the two men. today.
The question was raised, today, as
10 whether a convicted felon could
he allowed to testify before the grand
Jury and If not whether the testimony
of the McNamaras If given. might in
validate subsequent indictments
'.My personal opinion on that would
not do the public any good, said
Lawler. when asked about it. There
probably is considerable law ON the
subject"
Attorneys connected with the Nc
Namaras defence, said that the only
reason tho MrNamaras might not be
called would be that it would do no
good because any one could testify be-
fore a grand jury, state or federal
Attorney Joseph Sect added TO this
the opinion that "A convicted felon.
after testifying before a grand jury,
could not go into court as witness TO
substantiate what he had told tile
grand jury"
Mr.. I.awler had a talk with Malcolm
agent of the detective ageh-
ey, which arrested the McNamaras
and Ortie L. Mechanical The confess
sions by McManigal were considered.
He probably will appear before the
federal grand jury whether the Nc
Aamaras do or not
Men fairly close TO the McNamaras
said that there was small chance that
James B., who received a life sentence.
would testify before the grand jury to
an extent that would implicate anyone
else.
lie MC4NdIidld S are Ispl SoliE u
in plicate anyone" said one of their
They are not going to APP
pear before the grand jury" An Off
eer Of the state also inclined TO this
view
Commitment to take the men to
were made up. yester-
dav. but were not served. They will
be held until the grand jury question
is settled.
Clerk Monroe of Judge Bordwelfs
court appeared, today. before the judge
with stack of kilograms and let
tcIs. which had accumulated since last
Friday, when the McNamaras con-
fessed.
DO you wish to see these, judge"
he asked.
No he said, you may keep them"
Many of the letters demanded the
death penalty for James B. Mcnamara.
and some bore signatures of local labor
unions. They were destroyed.
The course the federal grand jury will
take. tomorrow, when it begins its work
on the alleged conspiracy to dynamite
various buildings throughout the eeun-
try, may be confined to the explosions
which have occurred on the Pacific coast.
Indianapolis, it was said, could take care
of the rest.
report that Milton a. Schmidt and
David Captain, indicted here for murder
for the Times building dynamitfng. Were
about TO be arrested in the East aroused
great interest tonight Except James h.
Mcnamara himself, Schmidt is said TO
know more about the Times disaster
than any other man. Schmidt. Captain
and Mcnamara were together on various
expeditions, it is said.
Attorney Joseph Scott. whose re-
election to the school board. of which
he is now president, was threatened.
because of his association with the
defence. discovered today,
that he had been successful. but fin
ished ut the bottom in the list of ma
jcrities. In the preceding election he
led the ticket.
James Il. Mcnamara. under sentence
of life Imprisonment, had other
troubles added TO his lot, today, when
he became defendant in n $4,000 dam
age suit. The suit is brought by Louise
VI. Sawyer, widow of Robert l., Saw
Yer. telegraph operator, employed
by the Los Angeles Times and killed
in the explosion which wrecked the
building Oct. /, 1910