The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1912-07-18
AGREEMENT ;|
AS TO CASE IS
DESCRIBED
SAN FRANCISCO EDITOR TELLS
OF PLAN FOR SETTLING
M'NAMARA CASE.

Los Angeles. Juy i7.--The original
agreement between representatives of
labor and capital In Los Angeles by
which the Mcnamara case was to bc
ended forever was disclosed I'm detail
by Fremont Older, editor OF the San
Francisco Bulletin, wno took the stand
today for the defense In the bribery
trial of clarence s. Dnrrow. The in
PRODUCTION OF his testimony was per-
mitted by Judge Hutton on the show
Ing OF the defense that II would prove
"A lack of motive on the part of Darrow
for the bribing of Juror George n.
Lockwood. but the ruling was made
only after the greater part OF the days
session had been consumed by lengthy
and technical arguments.
The original agreement, as outlined
by Older. contemplated the pleading of
guilty by James -, McNamara and the
fixing OF his punishment at life inn
prisonmcnt. For this the prosecution
not only was to dismiss all other cases
growing out of the dynamiting of the
Los Angeles Times building. including
that of John J. Mcnamara. but to de-
stroy all evidence then In possession
Of the prosecution. Another clause In
the agreement was to the effect that
representatives of Los Angeles capital
were to recognize the labor unions.
The question had arisen. said Older,
of the unwillingness OF District Attorl
ney Fredericks 10 consent to the dis
missal of the charge against John j.
Mcnamara and II nad been agreed by
Mr.. Darrow that II the prosecutor in
sisted upon 1t, y. j." would also he
thrown to the wolves. rather than con-
tinue the trial
Just before adjournment. Juror NJ. Il.
Williams asked the witness.
Did you know at that time the Me-
Namaras were guilty."
We'll. had no definite or legal
knowledge that they were. but AS
sumed no." was the reply.
Here Juror L. A. Leavitt broke In.
what do you mean by throwing j. j.
to the wolves?" he asked.
did you recommend that one go
free and the other be punished. know
ing both were guilty" he continued
Older explained his attitude by say
Ing that he did not believe I'm thc doc
trine of IAN eye for an eye and tooth
for IA tooth" He thought that justice
could be done without taking any more
human lifc.
Summoned to Los Angeles by n telc-
gram from Darrow and Lincoln Stef-
fens. the magazine writer, Mr.. Older
said that upon his arrival here on
November 20 of last year. ne was APP
prised by Mr.. Steffens OF the plan upon
which the latter was working with
prominent employers ana citizens OF
Los Angeles for a truce between labor
and capital.
At subsequent conference with
Darrow and Steffens. he said no was
shown "A memorandum OF the agreement
by the author.
There was a hitch In the plan. ac-
cording to Older. and Harry lchandler,
"a son In law of General II. q. Otis,
owner of the Los Angeles Times went
to District Attorney Fredericks To gain
the lattcr's consent to the agreement.
After this conference Mr.. Dnrrow. In
formed Older that F'rcdcrlcks would
not agree to any pan by which ]. j.
Mcnamara could escape punishment
II contended," continued the witness,
whose examination was conducted by
the defendant himself that Mr.. Dar-
row would be misunderstood by labor
II he agreed to the proposition"
What was my attitnde?" asked
DarroW. 3
We'll. you declared that you were
employed to save tho lives OF these men
and these personal issues should not
be raised"
The witness said that at this time
he was told nothing had been said to
the Mcnamara brothers about the pro-
posed agreement
Mr.. Darrow asked the prosecution to
produce Bert H. Franklin and John r.
Harrington tomorrow morning, but he
did not disclose his reasons for deslr-
Ing the presence OF the states principal
witnesses.