The Birmingham age-herald., 1912-01-12
COURT DISCHARGES DEFECTIVE BURNS All kidnaping Charges Are
 Dismissed JUDGE PAYS TRIBUTE Says He Rendered Great Service to His Country"--Apology Is Due Him-The Grand Jury
 Continues Busy

l Indianapolis, Ind, January u.-Compli-
 mented by the federal court for having rendered a great service to his coun- try" William J. Burns, the detective, to- day was released from the charge of having kidnapped John J. McNamara, the convicted dynamiter All the charges in tho indictments against Burns for having captured the labor leader in Indianapolis last April and taking him to California
 for trial were held to be null and void. 1 "If I or this court had anything to do with the arrest or MT. Burns in this instance, I should certainly now tender him an apology" said Federal Judge A. B. Anderson in dismissing the indict- ments brought by the county grand jury under which the detective had been held in sl0,oOO bail. | "The order which the court shall en- I ter will make it impossible for any pros cautions to be brought under the indict- ments."
 | The court held that when Burns and James Hosick. detective of Los An geles. arrested McNamara. on requisi- ton from the. governor of California and honored by the governor of Indiana. they acted legally under the federal statutes
 and any conflict in the state law with the federal law which made it possible
 to bring an indictment was not consti- | tutional. e
 "The federal constitution and Con-
 gress," the court said, had delegated to | the governments of the state the power of honoring requisiton for. fugitives from
 justice and the Indiana legislature had no legal right to take this power from the governor and add it to the duties of a county judge. The Indictments against Burns and Hosick had alleged that McNamara was denied the right to resist extradition in "a county court.
 | Judge Anderson indicated .if Hosick, who also was indicted. petitioned for re- lease the release would be granted Detective Burns in a statement said:
 Ever since my arrest I have contend ed there was no justification. in prosecut- ing me. Then repeatedly asked for g prompt trial, but this was denied by the county authorities. At the time I regarded it as an attempt to hamper my activities at Los Angeles I am still working or this dynamite conspiracy and constantly turning up more evidence. | am assert ing everywhere that organized labor vii not be injured by the present proceedings l for 1t will be benefit to labor 10 havs it purged of corrupt political leaders.
 l It is understood. if any prosecution. result from the present federal granf jury investigation of the dynamite con spiracy, the cases will be heard before Judge Anderson. W
 About a dozen witnesses some of then from Chicago, were before the grand yjur, today. They included Alloys Silverman former keeper of a saloon in Chicago where Ortie McManigal.is said to hav' met others in reference to places tha were to be blown up; Bert H. Morgan am Arthur J. Fitzgerald. Chicago is knowi
 to be one of the places through which dy namite and nitgroglycerine were carriet
 in suit cases by the dynamiters and a one time McManigal kept a store of ex
 plosives there for use on jobs in Wis lconsin, Missouri and Iowa.
 Witnesses presumed to have informa ton as to the Identity of persons respop sible for explosions against "open shop
 structures in Boston and Springfield
 Mass. and Hoboken, N. J., also wer'
 examined. =