Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-03-13
ALL DEMURRERS OVERRULED
DEFENDANTS COUNSEL MAKES
MANY ATTACKS FROM MANY
ANGLES ON INDICTMENTS.
ALL OPPORTUNITIES Theirs
Guarantee OF Liberty Gone IL Political
Philosophers PnralyIc Courts.
Doesn't Know Explosives.

INDIANAPOLIS, Ind March Ia
"Not guilty. was the plea Of forty
/ six men arraignod this morning In
federal court here on indictments
charging completely in the alleged con-
splracy unlawfully 10 transport dyn0-
mite from state to state.
Judge \. B. Anderson oyerruled all
demurrers Of the defense, but granted
thirty days for the filing Of exceptions
to his ruling.
A motion to consolidate the cases
made by United States District Attor-
noy Miller was sustained, but he re-
fused to hear attorneys for the de-
fense tomorrow If they decided to pc
ttion for separate trials. The court
instructed the defendants to appear
when the matter IS presented The
trial was set for October /.
They Understood Charges.
When Judge Anderson announced
he would oYerrule the demurrers to
the "a indictments he turned TO the
defendants for whom seats had been
arranged In tiers and said
Gentlemen, do you know the nature
Of the charges against you?"
1--WE do" came in a chorus. Then
one by one the Indicted men present,
former labor officials from many
sections of the country, and headed
by Frank NJ. Ryan, president of the
International Association of Bridge a.
Structural Iron Workess, arose as
their names were called by the clerk
and responded: not guilty"
Many Attacks Made.
Attacks from many angles were
made upon the indictments charging
the defendants with aiding and abet-
ting Ortie f.. McManigal and Jonn j.
and James b. Mcnamara in the trans
portation of dynamite on passenger
trains; with being principals with Me-
Mangal and the McNamara's in these
acts and with having consplred to vio-
late the statutes In such transporta-
don. The defense here offered mo-
ton to have these indictments
quashed basing their clause on the
statute Of Limitation.
II am unable to see the merit In
these interpretations, said Judge An
derson in overruling the motions to
quash, "as I read the acts Of 1866.
1903 and 1909 on such subjects, and
It is plain to me that it is unlawful for
a man to carry explosives on any ve-
h'cle, train or vessel Of a common
carrier that transports passengers for
hire"
court Paralysis Undocs Liberty.
District Attorney Miller attempted
unsucecssfully to have tho trial set
for May. This Is a very simple case
he said, and added that most Of the
evidence the government possessed,
including letters in the offices Of the
iron workers association in this city,
has been made public.
In granting delay until October I,
Judge Anderson took occasion to COM
ment on the political situation. "Just
because he said to the packed
crowd in the court room ~ probably
never again will have so large an
Men indicted must have every op-
portunity TO prove themselves inno-
cent If they can" he went on. This
Is a guaranty Of liberty. Here 7 want
to say that II iron political philoso-
piers Of our time succeed In their
course, there win not be any guaran-
ty of liberty. When the courts are
liberty is gone"
In consideration Of the fact that
he defendants residences were scat
tered all over the country, the court
added he would grant until October
Tor them to consult thcir attorneys
and prepare their defCnse.
The judge engaged in a colloquy
Win Attorney Zcolin as to whether
dynamite and nitro -glycerine was the
same just before court was adjourned.