The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1911-07-13
CBy National Socialist Press

| Los Angeles. Cal. July 12.-Coun.
| sci Tor the defense of Jahn McNam
ara and his brother James started
| their part of the great trial by NOV.
ing that all indictments against the
former be set aside on the grounds
that the court had no jurisdiction in
the case and that all indictments
| against James b. Mcnamara be
squashed on the ground of proceed.
ure and bias on the part of the
| grand jury.
| "A large number of reasons were
| given why the indictments should be
set aside and it will take the court
several days to reach a decision on
the arguments.
Judge Walter Bordwelrs depart
i, ment of the superior court was
crowded to the doors when the ac-
cused union men We're brought in.
The little room scarcely held 200
persons and thousands were turned
away.
The Mcnamara boys sat in the
jury box John looked strong and
vigorous, his face was ruddy. his
eye clear and his step buoyant. He
looked calmly around the court
room and was at perfect ease. He
and not word or detail escaped
him. James looked thin and pale.
fie gained confidence and reassur-
ance by talking with his brother.
Both boys chatted pleasantly with
the lawyers
Then the proceedings were begun
John looked at Joseph Ford, the
man who, according to Rappapart's
statement before congressional
committee committed perjury in the
matter of the requisition of the Nc
Namaras. The prisoner calmly met
the gaze OF the man who made the
false oath and afterwards assisted
in his kidnapping. Ford's eyes fell
and he looked around shiftily. John
smiled almost imperceptibly as he
looked at the prosecutor who was
forced to look away
The defense is filing a motion to
set aside the Indictment against
John J. Mcnamara went at length
into the whole story of the Derjured
Ford affidavit. the lying telegram of
Burns, the felonious theft of man
and the deep laid conspiracy against
the labor leader
In reply preliminary to filing a
demurrer Ford went into an argu-
iShI "ISi tln ne clIcu mum Der oil
cases where Kidnapping by detec-
tlVes and lawyers had been dccla red
legal by the court. He cited the
various time honored cases where it
had been declared illegal and felon-
ious to steal a horse but made to
appear legal to go into an adjoining
state and steal the man who was
charged with the theft of the an
diana
Ford cited the Infamous decision
in the Moyer-Haywood-Pe
kidnapping in order to justify the
felony committed in this case and
went square on record in the atti-
tude OF: NO matter what crimes
We're committed to get these men
here. they are here" In mention
ing the case Ford said at least one
member of counsel for the defense
was familiar with the Haywood case.
and the statement was Immediately
taken up by Darrow who remarked
grimly that he had a distinct, recol-
lection of the case
The whole argument showed that
Burns and Ford knew what they
were doing when by lying state
ments and kilograms they secured
the reGuisition papers for the poses
sion OIL man who was not under
arrest for several days after the
prosecutor had sworn that he was
held in custody in Indiana.
When the indictments had been
read attorneys for the defense filed
in each case a plea and answer on
behalf of the defendants but the
answer was in effect a motion to set
aside the indictments.
Attorney Joseph Scott read aloud
the answer and he made Ford
squirm uneasily in his chair when
!! he laid particular stress on such
lines as: ''W. ]. Burns and w. 7.
Ford entered into a wicked and IL
legal com mbination and conspiracy
which had for its purpose the seiz-
ure and Illegal eNtradition of this
defendant from his home in In
dia1t''
Scott made the most of the rea d.
ing when he reached the point where
the plea stated that "at the time the
district attorney signed the certif-
cate by him addressed to the COVER
nor of California. He we'll knew