Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-07-19

Los Angeles, Cal. July 1S.-Judge
BOrdwcll dismissed the contempt pro-
.ceedinss against Mrs. McManigal to-
day, and the defense in the Nc
Namara dynamiting case made public
at the same time a certified copy Of
the evidence given by her husband
the alleged confessed plotter, TO the
grand jury on May (.
The woman was brought into court
having refused To testify before the
inqUisitors against the Mcnamara
brothers and the contempt pro-
ceedings were dismissed without a
word being spoken by the attorneys
for the defense. Judge BOrdwell ruled
that the affidavit of the prosecution,
combating Mrs. McManigaTs asserted
right as the wife of the accused man
not TO testify, was insufficient and
the defense hailed the decision as a
signal victory.
Clarence DarrOw, and his associate
attorneys, declared that the ruling
established a precedent which would
guard all Of the numerous witnesses
for the McNamaras from the danger
of being summoned before. the grand
jury prior to the trial on October II.
/ The judge held that the indictments
already filed against John ]. McNam-
ara the accused labor leader, and
/ his brother James, were sufficient TO
hold them for trial, and that there
| fore there was no necessity Of fore
! ing Mrs. McManigal TO answer ques-
tions.
W. Joseph Ford, assistant attorney
entered a protest against the ruling
| of the court and announced that the
\ prosecution would appeal, or at least
file a new affidavit, charging Mrs.
! McManigaI with contempt.
! McManigaTs testimony before the
grand jury was incorporated by the
/ defense in its answer to support
the allegations Of Mrs. McManigal
/ that replies to questions propOunded
To her in the grand jury room in
connection with the alleged McNam-
ara dynamite plot would tend to
incriminate both her husband and
herself Judge Bordwell, however
decided in favor of the woman with
out considering the answer.
/ According To- the transcript of the
grand jury testimony McManigal said
he met J. b. Mcnamara first in
December 1909 He declared that in
November 1910, while he and ]. b
| Mcnamara were in the woods al
! ConOver. Wis. the later told Nc
Manigal that he had blown up the
Times building.
McManigal stated that he first
knew J. b. Mcnamara under that
name but later was told by him that
his name was ]. 3. Bryce.
after he came from the coast Me
AIanisal continued. "he told me, and
his brother John told me. his name
was Frank sullivan. Later on he told
me his name would be Frank SulIi-
van"
| McManigai said that when ]. b
! Mcnamara left the east to come u
the coast early last summer. he ac-
companicd him from indianapolis tc
! Chicago.
when did you join him?" he was
asked, according to the transcript.
indianapolis, in his brothers Of
flee"
Were you present with ]. B. Nc
Namara and ]. J. Mcnamara in the
Iatters office when the question was
! discussed as to what ]. b. Mcnamara
was coming to the coast for?''
Il did not get much of that instruc-
ton that he had there. 1t was al
most all settled before 1 got there.
McManigaI said that James B. Nc
Namara had two suit cases and {
dozen clocks of Internal machine:
| but did not mention dynamite.
! But as we were getting ready
said McManigal they also had sui
case prepared for me to take. par
of it to be left at Milwaukee. anC
a part to be taken To Duluth.
| j. J. told j. B. as we We're gettinl
lready to leave. You go out there ant
get in touch with Clancy and Clanc!
Twill make you acquainted with tn
bunch around there he said, YOl
iwiH meet the old man out there n