New-York tribune., 1912-03-13
IS PLEAD mot GUILTY
OF DYNAMITE CHARGES
All but Eight of the 54 Indicted
Labor Union Men Arralgned
at indianapolis.
TRIAL FIXED FOR OCTOBER |
Government Seeks to Consoll-
date Cases, and Defence May
Ask for Separate Trials
Judge Scores Recall.

JuUg6 SCOI tS RSVotA'
Indiana polls. March 12.-"Not suhty' M"S
the plea of forty-six men arraigned tnls
afternoon in the federal court here on |
indictments charging completely In the
alleged conspiracy unlawfully TO transport
dynamite from state 10 state. Judge A. b. |
Anderson overruled all demurrers of the
defence. but granted thirty days for the
fling of exceptions TO his ruling.
A motion to consolidate the cases, mace
nv United States District Attorney Charles
w. Miller, was sustained, but the court
consented 10 hear attorneys for the detence |
to-morrow if they decide TO petition Tor
ssnarate trials. The court instructed that
NShe defendants appear when presentation OF
the matter is made. The trial was set for
October /.
When Judge Anderson announced ne
would oyerrule the demurrers to the thirty
four indictments he turned te the deienu-
ants for whom seats had been arranseu
in tiers, and said:
Gentlemen, do you know the nature VI
the charges against your
I've do" came in a heavy chorus
Then one by one the indicted men, present
or former labor union offieials from many
sections Of the country, and headed by braAh
l.. RYAN. president OF the iuternauohal
Association of Bridge and structural IRON
Workers, arose as their names were calleo
ky the clerk and responded Not guilty
Attacks from many angles were mace
upon the indictments charging the oelehu-
ants with aiding and abetting orue H.
Mechanical and John J. and James b. NC
Namsrs I'm the transportation OF dyhamite
nm messenger trains, with being principals
with McManigal and the MoNamaras III
,ha illegal acts and with having conspired
10 violate the statutes prohibiting sueh
transportation.
rbat the statute OF limitations had run
sSainst the offence of conspiracy alleged,
ard that the indictments did not aver Vio-
lstion Of law because it was not set out
that the defendants had mislane pack
sres of explosives they were alleged 10
have carried on passenger trains, were the
two principal contentious of counsel for the
ssfence-EliJah Zoline and Patrick o'Don-
nell OF Chicago; Walter Ball, OF Muncie'
Ind. and W n. Harding, Of this city
.J am unable 30 see the merit in these
INTERPRETATIONS" said Judge Anderson, IN
overruling tho motions TO quash. "As
read the acts of 1856 1905 and 1903 on the
subject, IL is plain TO me that II is uhia"-
full for q man 10 carry explosives on any
vehicle train or vessel of common car
rier that transports passengers for hire
Not Barred by Statute OF Limitations
In refusing to accept the theory OF the
defence that the statute OF limitations had
yum in the case the court approved the
argument of District Attorney Miller, hat
the conspiracy as alleged was continuing
one, and that limit Of time for prosecution
had not expired, for the reason that though
the conspiracy is alleged to have begun In
1905 overt acts are alleged 10 have been
committed as late as April, 1911.
Motions to ouash were not made as 10
the indictments against eight Of the fifty
four defendants that did not appear in
court Among them were the Mcnamara
brothers. in San Quentin prison. California,
and Ortie McManigal. in jail at Los An |
geles.
District Attorney Miller attempted unsuc- |
cessfully to- have the trial set for May. |
This is a very simple case he said, and
added that largely the evidence the gov |
ernment possessed, including letters seized
in the national offices of the iron workers
associatio in this city, had been made |
public.
In granting delay till October l. Judge |
Anderson took occasion 10 comment on the
political situation, Just because he said, |
TO the crowd IN the courtroom, probably
never again will I have so large an audi |
ence'
MAY Lose Guaranty of Liberty.
Men indicted must have every Oppor
tunity TO prove themselves innocent If they
can" he went on. This is a guaranty of
liberty Here I want to say that if certain
political philosophers of our time succeed
In their course there will not be any guar
anty Of liberty. When the courts are
paralyzed. liberty is gone"
In consideration Of the fact that the de-
PENDANTS residences were widely scattered
over the country, the court added he would
grant until October for them TO consult
their attorneys and prepare for defence.
The Judge engaged in coloquy with Mr..
Zoiine, Of attorneys for defence. as 10
whether dynamite and nitroglycerine were
the same. just before court was adjourned
II am asking for my own information"
ssid the Judge There may be men In this
room that do know the difference between
dynamite and nitroglycerine. but ! don't.
The structure upon which the forty-six
indicted mems chairs were placed rocked
a. they all leaned forward and laughed
with the Judge when no answer was made
20 him.
Walter Drew. counsel for the National
Erectors' Association, said tonight he had
received telegram from J. d. FTedericks,
stste's Attorney Of Los Angeles County
Cal, that private conversations or car
enee Dsrrow indicted on the charge OF at
tempting to bribe jurors in the Mcnamara
case, had been recorded by means of a
telephone device during the last month.
The machine was installed in DaTrow' $
room in a hotel by Robert Foster. de-
tective for the erectors' association, Drew
said. and wires led 10 nearby room.
where stenographers copied conversations
alleged to have related to DaTrow's case.
A bellboy, Drew added. Rad informed Dar-
row of the presence Of the instrument, and
Il was removed to-day.