The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-11-03
LEGAL STATUS Of
CASE MAY CHANGE
Report Comes From indianapolis And
Attorneys Discuss Conditions
Which Would Result.

Los Angeles, Cal, oct 27-Reports
from indianapolis that a federal grand
jury would investigate the so-called
Mcnamara dynamiting cases supplied
a theme for consideration by counsel
for the defense Of John J. and James
B. Mcnamara and attracted attention
in the Offices of District Attorney John
D. Fredericks as well. Clarence S.
Darrow, chief counsel for the defense,
telegraphed to indianapolis for more
information
a lull in court procedure yesterday
while a new venire was being summon
ed, gave opportunity for consideration
OF the subject. 1t was conceded that
the whole general aspect of the case
might be altered by prospective action
of the federal authorities and that
James B. Mcnamara and John ]. Me
Namara, under nineteen indictments
for murder in connection with the de-
struction of the Los Angeles Times
building, may enter upon an entirely
changed legal status.
Two main situations were regarded
here last night as possible to result
from the Indianapolis investigation. 1t
was admitted in the first place, that the
investigation, regardless of its out
come, might make it easier for the
prosecution to institute proceedings by
which to obtain certain books and rec
ords which the Indiana authorities
have refused to give up.
This evidence is much desired by
District Attorney Fredericks and lack
of it was said to be one of the reasons
why James B. McNamara's case was
tried first.
The second possibility also has to do
with the fact that the state elected to
try James first instead of John. The
trial now in session may last we'll into
next summer, during which time John
j. Mcnamara ordinarily would be kept
in jail here, except for the periods
when he might be called to testify in
his brothers defense-a possibility
which has been considered without
eliciting any statement from the de-
fense.
Should an indictment result from the
Indianapolis investigation, there is
legal possibility that he would be taken
back there. This could be done under
an order from United States commits
sioner after a hearing instituted upon
receipt of a certified copy of the in
dictment. Such action would raise
again the question of McNamara's ex-
tradition from Indiana to California.
"In case a commissioner should de-
eide that the evidence warranted the
removal of the prisoner, whether he
would stay here until after the trial or
go to Indianapolis. would be a matter
of comfy between the county and fed
eral authorities said Aloysius Nc
Cormick discussing this feature.
Neither side necessarily would have
a prior right"
Mccormick said he had received no
information concerning the case from
the eastern federal authorities, nor had
he sent any to them.
District Attorney John d. Fredericks /
admitted that the Indianapolis investi- +
cation had been known to him for
some time.
There are some features of the case
in which the federal government no
doubt would be interested" was his
comment
John ] Mcnamara the man imme-
1iately interested, would not talk about .
the new phase of the situation.