Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-10-04
Will ADMIT EVIDENCE 10 SHOW
10 WHAT USE DYNAMITE
WAS PUT
The Farmers PREDOMINANT
Jury l. Composed of Eigh, Farmers
TWO Retired Farmers and Two
small Merchants.


INDlANAPOLlS. oct 3.--Not only
evidence OF alleged Illegal interstate
shipment of dynamite and nitro-gly-
ccrine. but also evidence as to what
admitted at the trial of 40 men ac-
cused Of completely in the dynamite
plots"
Federal Judge Anderson 80 ruled
today His decision. thus opening to
the prosecution the right ~ show a
motive by going into the details OF
many explosions, including that which
wrecked the Los Angeles Times build
ing, october /, 1910, came after the
enpancliing OF a jury and severe ar
raignment Of the defendants in the
opening statement by District Attorney
Miller.
Addressing the jury ana pointing his
finger at Frank NJ. Ryan and the 4j
other men seated across the room, Mr.
Miller declared the trial had begun of
the investigations of the most far
reaching conspiracy in the history Of
this country, in which during moro
than five years property of inCalcu-
able value had been destroyed and
many, many lives had been host"
Eight farmers. two retired farmers,
one grocer and one grain dealer, ali
rcsidi\g in country towns or rural dis
trcts in Indiana, compose the jury.
Turner Thomas, wnen examined,
said he formerly was racchors3
breeder. He said he had been an olh-
cisl in the antiIhorse thief association
All of the jurors sworc they had NJ
prejudice against labor unions or
against corporations which maintained
an open shop.
Judge Anderson ordered the Jurors
to be kept under guard until their YER
diet is rendered.
Mr.. Miller, opening, said the govern
ment would prove that the defendants
all of whom are former or present Off
cals Of labor unions, entered into a
conspiracy to blow up the Jobs pf
the employees of non union labor
we viii show that dynamite and
nitro-glycerine were carried from
place in one state to place in an
other state on passenger trains on
which thousands of men. women and
children were travelling" said Mr.
Miller Evidence will show that an
Internal machine was devised whereby
a charge Of explosives with long fuse
attached was set off by an alarm
clock so the dynamlters could be hun
dreds Of miles away when their de
structive work was accomplished. We
will show that Jas. b. Mcnamara and
Jno. j. Mcnamara, now in prison. ana
Ortie McManigal, who has pleaded
guilty. were active in this dynamitins
business, and that all the present de-
PENDANTS are guilty with them"
Here Senator j. w. Kern, counsel
for the defense, objected TO the refer
ence to one Of the McNamaras being
sentenced for murder.
Mr. Miller maintained that since the
McNamaras also are indicted in In
he had right to show why
they were not present. He said IL
would be developed to what use tn
explosives were put.
1--WE object to this sort Of evidence
on the ground that IT is not compe-
tent" said William n. Harding, o,
counsel for the defense. Every state
in the union permits the use Of dyna-
NIT and nitro glycerine for one pur-
pose or another. and the presumption |
in law is that If explosives are at "a |
given place. they are there legally |
The only charge upon which these |
men can be prosecuted under the |
statutes is that of Illegal interstate
shipments"
Judge Anderson overrulcd Che OBJ
lection. He said if n man from the |
state of indianapolis went with suit |
ease containing explosives to Peoria, |
His, 1t was competent to show thaJ
he carried the explosives.
Reading off the names OF the de-
fendants and describing their relation
with the labor unions Mr.. Miller said
Mr. Ryan is president of the Inter
national Association of Bridge and
Structural Iron Workers, and by virtue
If that office, is, or was. a member of
he executive board of the American
of Labor"
An ivory handled umbrella lnscrib-
ID with the initials r. c." Mr. Miller
aid. would BE- produced to show that
Edward Clark visited a place whore
IN explosion was TO take place, and
hat Clark forgot his umbrella. The
district attorney said It would d.
'ound that Herbert S. Hockin, paid